2014

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Here is the complaint, captioned Jackson v. OpenCommunications Omnimedia LLC et al, Index No. 151596/2014, filed on February 24, 2014 in New York State Supreme Court by a male plaintiff against his former employer, New York City media company OpenCommunications Omnimedia and three of its principals. Plaintiff claims he was sexually harassed by his female bosses and…

Read More Male Employee Asserts Sexual Harassment and Retaliation Claims Against Female Bosses at NYC Media Company
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In Donohue v. Finkelstein Memorial Library, the Southern District of New York recently denied defendant’s motion for summary judgment on plaintiffs’ sexual harassment (hostile work environment) claims. Generally, a plaintiff asserting a hostile work environment claim must establish two things: first, conduct rising to a sufficient level that constitutes a “hostile” or “abusive” working environment, and second,…

Read More SDNY Applies “Alter Ego/Proxy” Theory in Denying Defendant’s Motion for Summary Judgment in Sexual Harassment/Hostile Work Environment Case
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Don’t cry fight over spilled milk alcohol. That’s the (non-legal) takeaway from Selmani v City of New York, in which the Appellate Division, Second Department permitted plaintiff’s claims for negligent hiring, supervision, training, and retention to continue against defendants City of New York and the New York City Fire Department. The case arose from injuries sustained by plaintiffs during…

Read More Bar Brawl Case Continues Against City and FDNY on Negligent Hiring/Supervision/Training/Retention Theory
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In Kang v. Almanzar, the Appellate Division, First Department recently modified the trial court’s grant of summary judgment to defendant on the issue of whether plaintiff suffered a “serious injury” to her right shoulder under the “significant limitation in use” category set forth in Insurance Law § 5102(d). Initially, Defendants made a prima facie showing that…

Read More Plaintiff Presents Sufficient Evidence of “Significant Limitation” to Right Shoulder to Meet “Serious Injury” Threshold
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Did a car accident cause plaintiff’s stroke? That is the question recently addressed by the First Department in Sadek v. Wesley. The court reversed a trial court ruling precluding plaintiff’s neurological experts from testifying and dismissing plaintiff’s complaint. This motor vehicle accident case arose from a collision between a limousine driven by plaintiff Sadek and a Greyhound…

Read More First Department Reverses Decision Precluding Expert Testimony on Causation and Condemns “Ambush” Trial Motion Practice
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Generally speaking, sexual harassment[1]This discussion is confined to the employment context. is a form of sex-based discrimination typically characterized by unwelcome sexual advances, requests for sexual favors, and other verbal or physical sexual conduct. The cause of action for sexual harassment is statutory, and is prohibited (in New York City) by Title VII of the…

Read More What is Sexual Harassment?
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Today’s case summary comes out of the Second Department. In the illuminating decision of Conneally v. Diocese of Rockville Centre, decided April 23, 2014, the court affirmed the trial court’s denial of defendants’ motion for summary judgment. This case addresses a landowner’s duty to properly light their premises. “At about 9:00 p.m. on August 20, 2009,…

Read More Plaintiff Survives Summary Judgment in Premises Liability Case Involving Alleged Inadequate Lighting
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In Atchison v. Metropolitan Enterprises, a recent trip-and-fall case, a Brooklyn trial court rejected defendants’ attempt to subject plaintiff to a second Independent Medical Examination (IME). They sought the second examination due to intervening events which, to put it mildly, raised questions as to the first doctor’s credibility. (Note: As a plaintiff’s lawyer, I – as…

Read More Perjury Allegation Against Medical Expert Does Not Justify Second Medical Examination of Plaintiff in Trip-and-Fall Personal Injury Suit
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The New York Court of Appeals (New York’s highest court) recently clarified the standards applicable when a party to litigation seeks information, or discovery, from a non-party. The case, Matter of Kapon v. Koch, arises from billionaire William I. Koch’s lawsuit to recover damages for the alleged sale of counterfeit wine. (The court issued the decision on…

Read More NY Court of Appeals Clarifies Burdens Relating to Nonparty Subpoenas Under CPLR 3101(a)(4)
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In Bisram v. Long Island Jewish Hospital, a recent construction accident case, the Appellate Division, First Department affirmed the lower court’s decision to grant plaintiff’s motion for summary judgment on his Labor Law § 240(1) claim, but modified the decision and granted defendants’ motion as to plaintiff’s claims based on Labor Law § 200 and certain claims…

Read More Defendant’s Failure to Secure Steel Beam Results in Summary Judgment for Plaintiff on Labor Law 240(1) Claim
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