March 2015 - Pospis Law, PLLC

March 31, 2015 by mjpospis

Disability Discrimination Roadmap

In Graham v. Macy’s, Inc., SDNY 14-cv-3192 (March 23, 2015), Southern District Judge Paul Engelmayer granted defendant Macys’ motion to dismiss the pro se plaintiff’s claims of discrimination based on disability (here, arthritis and bipolar disorder) under the Americans with Disabilities Act (ADA). Although Judge Engelmayer determined that plaintiff’s complaint was deficient – citing, for example,…

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March 30, 2015 by mjpospis

Outside-the-Crosswalk Pedestrian Knockdown Case Continues

In a short opinion, the First Department in Santo-Perez v. Enterprise Leasing Co. (decided March 26, 2015) reversed summary judgment for defendant driver, even though the pedestrian they hit was outside the crosswalk at the time. The court wrote: While the fact that plaintiff was crossing the street on foot outside of the crosswalk, in…

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March 29, 2015 by mjpospis

Defendant’s Failure to Yield at Intersection Results in Summary Judgment for Plaintiff in Car Accident Case

One of the so-called “rules of the road”, New York Vehicle and Traffic Law (VTL) § 1142[a], provides: Vehicle entering stop or yield intersection (a) Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop as required by [VTL § 1172] and after having stopped shall yield the…

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March 28, 2015 by mjpospis

East Village Building Explosion & Collapse

On Thursday, March 26, 2015, an explosion rocked several buildings in New York City’s East Village, resulting in the collapse of 121-123 Second Avenue (at/near East 7th Street). These buildings included residences and restaurants (Ramen & Robatayaki, Sushi Park, Sam’s Deli, and Pommes Frites). Reports indicate at at least 20 people have been injured and that two…

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March 27, 2015 by mjpospis

U.S. Supreme Court Interprets Title VII’s Pregnancy Discrimination Act; Vacates Judgment Against Pregnant Employee

In Young v. United Parcel Service, Inc., 135 S.Ct. 1338 (March 25, 2015), the U.S. Supreme Court interpreted and applied a portion of the Pregnancy Discrimination Act relating to accommodations that covered employers must make to pregnant workers. The Pregnancy Discrimination Act, codified at 42 U.S.C. § 2000e(k), amends Title VII of the Civil Rights Act of…

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March 26, 2015 by mjpospis

Sexual Harassment Victim’s Romantic Relationships With Colleagues Off-Limits for Discovery, Court Rules

In Holcomb v. State Univ. of New York at Fredonia, No. 12CV673A, 2015 WL 1280442 (W.D.N.Y. Mar. 20, 2015), the Western District of New York denied defendants’ motion to compel the plaintiff to respond to questions relating to her romantic experiences with her colleagues. In this case, plaintiff sued under Title VII of the Civil…

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March 25, 2015 by mjpospis

Underage Student Sex Case Dismissed

In Doe v. NYC Dept. of Education (decided March 24, 2015), the Appellate Division, First Dept. affirmed the dismissal of plaintiff’s complaint alleging improper sexual conduct between a teacher and a student. It was “undisputed that defendant Agosto, a substitute teacher at another school and the infant plaintiff’s track coach, had unlawful sexual intercourse with the…

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March 24, 2015 by mjpospis

Gender/Sexual Orientation Discrimination Lawsuit Against Law Firm Kaye Scholer

Here is the lawsuit, captioned Bari Zahn v. Kaye Scholer LLP (NYS Sup. Ct. Index No. 152625/2015, March 17, 2015), filed by an attorney against her former employer. Plaintiff alleges, among other things, discrimination based on gender and perceived sexual orientation, as well as retaliation.

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March 23, 2015 by mjpospis

Adverse Unemployment Decision Does Not Preclude Discrimination Claims, Court Holds

In Derrick v. American Intl. Group, Inc. (App. Div. 1st Dept. March 19, 2015), the Appellate Division, First Department reversed the lower court’s order granting defendants’ motion to dismiss plaintiff’s complaint and denying plaintiff’s motion to amend her complaint. In this case, plaintiff asserts claims for race, national origin, and gender discrimination and harassment. Citing NY…

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March 22, 2015 by mjpospis

Sexual Harassment, Hostile Work Environment, and Retaliation Lawsuit Against Deutsche Bank

In a lawsuit filed against Deutsche Bank, [B.E] v. Deutsche Bank (SDNY 15-cv-01398) (amended complaint), plaintiff alleges (inter alia) that he was subjected to retaliation after complaining about sexual harassment by a gay male co-worker. Below is the complaint:

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