2014

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In Browne v. Board of Education, the Appellate Division, Second Dept. affirmed the lower court’s denial of defendants’ motion for summary judgment on plaintiff’s claim for gender discrimination under the New York State Human Rights Law, N.Y. Executive Law § 296. In a terse decision and order devoid of factual elaboration, the court held: In opposition to the defendants’…

Read More Second Dept. Case Explains One Way to Prove Pretext in Employment Discrimination Cases
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It is arguably the epitome of unfairness: being denied a job because you have no job. To remedy this unfairness, the New York City Human Rights Law was recently amended to add a new provision, NYC Admin. Code 8-107(21), that prohibits discrimination in hiring against the unemployed. The new law provides, in part, that unless…

Read More Lawsuit Alleges Discrimination Based on Unemployment Status Against Solomon-Page Group
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In Blanco v. NBC Trust No. 1996A, a construction accident personal injury case, the Appellate Division, First Department held that plaintiff was entitled to partial summary judgment on the issue of liability under Labor Law 240(1) claim. In finding for plaintiff, the court held: Dismissal of the Labor Law § 240(1) claim was improper in this…

Read More Plaintiff Electrician Entitled to Summary Judgment in Ladder Fall Case
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In Ingleton v. Brooks Shopping Centers, the Appellate Division, First Department affirmed the denial of summary judgment to defendant ECI Contracting. The court held: ECI’s motion was properly denied in this action where plaintiff Norma Ingleton alleges that she was injured after falling on a staircase constructed by ECI. Although a contractual obligation does not…

Read More Contractor May Be Liable in Staircase Fall
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At least now, when I want to avoid going to the gym, I can cite something legal – not necessarily legal “authority”, but a legal document nonetheless – in support. Here is the complaint filed on 11/3/14 by Elizabeth Lapp against her gym, Club 7. Plaintiff alleges, among other things, that she was injured during an instructor-led…

Read More Gym Injury Lawsuit
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In O’Brien v. NYC Civil Service Comm’n, the court granted an Article 78 petition annulling the determination of the New York City Civil Service Commission confirming the NYPD’s decision finding the petitioner – who has a history of multiple sclerosis – medically disqualified from appointment as a NYPD police officer. Notably, NYPD did not physically examine the…

Read More Court Overturns NYPD Disqualification Due to History of Multiple Sclerosis
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Manhattan nightlife can be extremely exciting (I’ve heard) – sometimes in a not-so-good way. Here and below is the complaint filed on October 27, 2014 by plaintiff Amanda Keisoglu against the Hotel Gansevoort and Marie Thys (among others). Plaintiff alleges that, on August 23-24, 2014 while partying with her friends, Thys “violently, forcefully, intentionally, and in…

Read More Stiletto Stab Lawsuit Against Hotel Gansevoort
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