In Hettich v 125 E. 50th St. Co., LLC, the Appellate Division, First Department recently modified a lower court order to deny defendants’ motion for summary judgment dismissing the complaint, and affirmed the denial of plaintiff’s motion for summary judgment on liability. In this case, plaintiff was injured when the hoist cable for the dumbwaiter in…
Read More Dumbwaiter Injury Suit ContinuesYesterday Mayor de Blasio signed legislation designed to protect interns from discrimination, including sexual harassment. The City Council passed the legislation last month, in the wake of a recent federal court decision, Wang v. Phoenix Satellite Television, which held that interns were not employees under, and hence were not entitled to the protections of, the New York City Human…
Read More Mayor de Blasio Signs Legislation Protecting Interns Against Employment Discrimination and Sexual HarassmentBelow is the federal court complaint, captioned Natasha Velez v. Chipotle Mexican Grill et al., 1:14-cv-02625, filed yesterday by plaintiff Natasha Velez against her former employer Chipotle. Plaintiff alleges that she was fired after disclosing that she was a victim of domestic violence and showing her manager a recently-obtained order of protection against her assailant. She…
Read More Lawsuit: Domestic Violence Victim Status Discrimination Case Against ChipotleBelow is the complaint recently filed by Victoria Burhans and Chloe Rivera against the State of New York, in light of the Supreme Court’s March 7, 2014 dismissal of their claims against the Assembly of the State of New York. Their claims arise, as before, from the alleged sexual harassment committed by Vito Lopez and condoned by…
Read More Lawsuit: Victoria Burhans and Chloe Rivera’s Sexual Harassment and Hostile Work Environment Lawsuit Against New York StateIn Espiritu v. Shuttle Express Coach, Inc., a bus-bicycle accident case, the Appellate Division, Second Department reversed summary judgment for the defendant bus company. Here are the facts: [P]laintiff was riding his bicycle south on Adams Street in Brooklyn when he was struck on the left side by a private shuttle bus owned by the defendant…
Read More Wrong-Way Injured Bicyclist May Continue Case Against Bus CompanyBelow is the lawsuit, captioned Scarimbolo v. The Dram Shop, Index No. 503141/2014, recently filed by “Sopranos” actor Adam Scarimbolo against The Dram Shop Bar and an as-yet unnamed bartender. Plaintiff alleges that, “while at the Dram Shop, several unruly and heavily intoxicated patrons became enraged and violent towards Plaintiff simply because a couple of women who had accompanied those…
Read More Beating of Actor Adam Scarimbolo Gives Rise to Lawsuit Against Brooklyn BarBelow is petitioner Carisa Gaylardo’s petition, captioned Gaylardo v. City of New York et al. (Index No. 14100400), seeking relief – including back pay, reinstatement, and rescission of her termination and “U” rating – from the City of New York. (Media coverage here.) Petitioner was allegedly terminated for having an “inappropriate” relationship with a student.…
Read More Rejection of Threesome Proposition Allegedly Leads to Firing of Probationary Teacher Carisa GaylardoIn Jacobsen v. New York City Health and Hospitals Corp., 2014 N.Y. Slip Op 2098, the New York Court of Appeals recently held that summary judgment should not have been granted on plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. The court held that “both statutes generally preclude summary judgment…
Read More NY Court of Appeals Holds That Issues of Fact as to “Reasonable Accommodation” Preclude Summary Judgment on Disability Discrimination ClaimsIn Cerverizzo v City of New York, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment on plaintiff’s Labor Law 241(6) claim which was predicated on a violation of 12 NYCRR 23-1.7(g) pertaining to “oxygen deficient work areas.” In this case: Plaintiff Joseph Cerverizzo, an employee of third party defendant subcontractor…
Read More Worker’s Labor Law Case, Based on Inhalation of Toxic Fumes in Aeration Tank at Sewage Plant, ContinuesAccording to various news reports, several (as many as eight) people were injured yesterday when shelving at a Bronx Dollar Store collapsed in a “thunderous roar”, causing objects (including cans and dishes) to fall. As this just happened and details are still emerging, it is far too early to determine whether, and to what extent, the…
Read More Bronx Dollar Store Shelving Collapse – Res Ipsa Loquitur?