In Laguerre v. Kessler, a premises liability/trip-and-fall case, the Appellate Division, Second Department affirmed the denial of defendant’s motion for summary judgment. Initially, the court held that the “defendant established his prima facie entitlement to judgment as a matter of law by submitting proof that there was no defect in the subject carpeting, and that the carpeting…
Read More Stair Trip/Fall Case ContinuesIt’s a fairly typical personal injury scenario: a customer, while on defendant’s premises, slips and falls on (for example) a slippery substance, sustains injury, and sues to recover damages. What may seem like a straightforward situation is anything but. This is illustrated by the recent case of Dequinzio v. Gristedes Food, Inc., decided by New…
Read More Court Dismisses Supermarket Slip-and-Fall Case, Where Defendants Did Not Have a Reasonable Opportunity to Clean Up Injury-Causing SpillIn Burhans v. Lopez, decided June 10, 2014, the Southern District of New York denied defendant Sheldon Silver’s motion to dismiss plaintiffs’ amended federal court complaint for failure to state a claim. This lawsuit arises out of sexual harassment committed by former New York State Assemblyman Vito Lopez against plaintiffs, who served as his legislative aides. As…
Read More Sexual Harassment Lawsuit Continues Against Sheldon SilverIn Soto v. New Frontiers 2 Hope Hous. Dev. Fund Co. (decided June 10, 2014), the Appellate Division, First Department affirmed the dismissal of plaintiff’s complaint. Plaintiff, a postal worker, was allegedly injured “when the mailbox receptacle unit in defendants’ building fell into the wall as she was closing the unit after placing the mail in the individual…
Read More Court Affirms Dismissal of Postal Worker’s Personal Injury Suit Arising From Defective MailboxBelow is the complaint recently filed in New York state court by the estate of Joseph Annunziato, who was allegedly killed when his Murphy bed struck him. It includes claims sounding in negligence, breach of implied and express warranty, and strict liability. Here’s one news story about the suit.
Read More Wrongful Death Suit Arising From Defective Murphy BedIn a recent personal injury case, Schecher v. R. Park Cent., LLC, New York Supreme Court Judge James held that the jury failed to adequately compensate plaintiff for her injuries. The trial record established that after the accident on August 5, 2007, plaintiff was transported to the emergency room of St. Vincent’s Hospital where she…
Read More Personal Injury Jury Award Too Low, Court HoldsAs reported by the Daily News, a Brooklyn federal court jury on Friday awarded Osama Saleh $4.7 million in an employment discrimination lawsuit. Mr. Saleh – who was raised in Yemen and is Muslim – alleged in his complaint, Saleh v. Pretty Girl, Inc. et al., CV-09-1769 (copy below), that defendants discriminated against him based on…
Read More $4.7 Million Jury Verdict for “Terrorist”, “Bin Laden” Discrimination VictimIn Dominguez v. Caliber Associates II, Inc. et al. (NY Sup. Ct. Index No. 150944/2014), decided May 20, 2014, the Supreme Court (NY County) denied defendants’ motion to dismiss plaintiff’s claims for sexual harassment under the NYC Human Rights Law and battery against Caliber Associates and Caliber’s owner. (The court granted defendants’ motion to dismiss plaintiff’s causes…
Read More NYC Real Estate Agent’s Sexual Harassment and Battery Claims Survive Dismissal, Notwithstanding Her Alleged “Independent Contractor” StatusIn Graham v. Women in Need, Inc., 13-cv-07063 (May 30, 2014), the Southern District of New York denied defendant’s motion to dismiss plaintiff’s claims of disability discrimination and retaliation under the Americans with Disabilities Act. The Facts Here are the facts, as alleged by plaintiff: Plaintiff is a former employee of WIN, a not-for-profit corporation organized…
Read More Stroke Victim Adequately Alleges Disability Discrimination and Retaliation Claims Under the Americans With Disabilities Act