2014

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In Arashkovitch v. City of New York (2nd Dept. 12/17/14), a snow/ice slip-and-fall case, the court affirmed the denial of defendants’ motion for summary judgment. Here is the law: Homeowners of single-family homes that are owner-occupied, such as the appellants, are exempt from liability imposed pursuant to section 7-210(b) of the Administrative Code of the City of New…

Read More Creating or Exacerbating Icy Condition May Give Rise to Liability in Personal Injury Case
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In EEOC v. Vamco Sheet Metals Inc, the Southern District of New York held that plaintiff – a proposed intervenor in a lawsuit brought by the Equal Employment Opportunity Commission (EEOC) – may state a claim for discrimination under Title VII where she was allegedly harassed for breastfeeding her baby. From the decision: Title VII…

Read More Discrimination Related to Breastfeeding May Violate Title VII
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In Bright v. Coca Cola, 12-cv-234 (EDNY Nov. 3, 2014), an employment discrimination case, the Eastern District of New York granted summary judgment in defendant’s favor. Judge Cogan’s decision is instructive regarding the use of depositions in employment litigation. For non-lawyers/litigators, a “deposition” is (briefly and generally speaking) a witness’s out-of-court testimony that is reduced to…

Read More “Have You Identified All Facts Supporting Your Claims?”
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In Albin v. LVMH Moet Louis Vuitton, the Southern District of New York held that plaintiff plausibly alleged claims of pregnancy discrimination under Title VII of the Civil Rights Act of 1964 (of which the Pregnancy Discrimination Act is a part), the New York State Human Rights Law, and the New York City Human Rights…

Read More Plaintiff Plausibly Alleges Pregnancy Discrimination Against Louis Vuitton
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A recent Third Department decision, In the Matter of Sullivan v. Brookville Center for Children’s Services, affirmed a decision to award unemployment benefits to an employee who was terminated due to alleged disqualifying conduct, namely, posting on using social media during work hours. The court held: The question of whether a claimant engaged in actions…

Read More Violation of Company’s Social Media Policy Did Not Disqualify Worker From Receiving Unemployment Benefits
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In Peralta v. Roros 940, Inc., 72 F. Supp. 3d 385 (E.D.N.Y. 2014), the Eastern District of New York denied defendants’ summary judgment motion as to plaintiff’s discriminatory termination (based on pregnancy) claim, but granted it as to her pregnancy-based hostile work environment claim. The defendant, a FedEx subcontractor, alleged that plaintiff, a delivery driver, was…

Read More Unequal Treatment of Non-Pregnant Co-Workers Supports Pregnancy Discrimination Claim Against FedEx Subcontractor
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A recent district court decision, Patrick v. Garlick, No. 13-CV-6365L, 2014 WL 6883634 (W.D.N.Y. Dec. 4, 2014), explains the differences between federal and state anti-discrimination law  regarding individual liability of the alleged harasser. There, plaintiffs, employees of Seneca Lake State Park, sued Steve Garlick (the park’s branch manager and the plaintiffs’ supervisor), alleging that Garlick subjected them…

Read More Court Explains Individual Liability Under State Human Rights Law
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One type of “premises liability” case arises from injuries sustained on a landowner’s property as a result of a third-party’s acts, namely, criminal conduct. However, whether an injured plaintiff can recover depends on the third party’s status. As explained by the Appellate Division, First Department in Hierro v. New York City Housing Authority (decided December…

Read More No Landlord Liability Where On-Premises Assault Not Committed by “Intruders”
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A recent First Department decision, Cruz v. Lise, held that the plaintiff – whose car was rear-ended by the defendant’s car – was entitled to summary judgment. In reversing the lower court’s denial of plaintiff’s motion for summary judgment, the court held: In support of her motion, plaintiff submitted an affidavit averring that she had…

Read More But They Stopped Short! Too Bad, Says Court: Rear-Ended Plaintiff Gets Summary Judgment in Rear-End Car Accident Case
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