March 2015

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In Miron Properties, LLC v. Eberli (App. Div. March 10, 2015), a breach of contract/brokerage commission case, the Appellate Division, First Department affirmed summary judgment for defendant dismissing the complaint. In ruling for defendant, the court (tersely) stated: Defendants demonstrated that plaintiff was not entitled to a brokerage commission with respect to defendant limited liability…

Read More No Brokerage Commission Due Where Plaintiff Did Nothing to Procure Sale
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In Lake v. Holzer (Sup. NY Feb. 9, 2015), a personal injury car accident pedestrian knockdown case, the court held that the “emergency doctrine” was inapplicable and granted plaintiff’s cross-motion for summary judgment. Here are the facts: [P]laintiff Collin Lake, a pedestrian, was standing on the raised median island which separates the north and southbound lanes…

Read More Median Jump to Avoid Fender-Bender Unreasonable; Emergency Doctrine Inapplicable; Pedestrian Awarded Summary Judgment on Liability in Car Accident Case
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In Doyle v. City of New York (SDNY 14-02831, March 4, 2015), the Southern District of New York held, in a case of first impression, that persons who perform court-ordered community service as a condition of an Adjournment in Contemplation of Dismissal (ACD) are not “employees” within the meaning of the federal Fair Labor Standards…

Read More Persons Who Perform Community Service as Condition of ACD Are Not “Employees” Under the FLSA
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In Overbeck v. Alpha Animal Health, P.C. (App. Div. 2nd Dept. Jan. 28, 2015), the Appellate Division, Second Department reversed the lower court’s order granting summary judgment to defendants on plaintiff’s sex discrimination and retaliation claims under the New York State and City Human Rights Laws. This decision illustrates that even “voluntary” sexual conduct –…

Read More Evidence of Intimidation Into Sexual Relationship Overcomes Summary Judgment for Defendants on Sex Discrimination and Retaliation Claims
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In Figueroa v. RSquared NY Inc. (EDNY March 3, 2015), the Eastern District of New York held that plaintiff stated a claim for “quid pro quo” sexual harassment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In sum, plaintiff alleged that while on a leave of absence…

Read More Conditioning Return to Work on “Hooking Up” With “De Facto Supervisor” is Plausible Quid Pro Quo Sexual Harassment Theory, Court Holds
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In Roman v. City of New York (App. Div. 2nd Dept. Feb. 25, 2015), the court affirmed summary judgment in plaintiff’s favor. In this personal injury case, plaintiff allegedly was injured while he was walking his dog on a sidewalk in Brooklyn. At his deposition, the plaintiff testified that, after stepping in a puddle, the dog suddenly…

Read More Con Ed’s Failure to Investigate Dangerous Electrical Condition Results in Summary Judgment for Injured Plaintiff
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When many people think of sexual harassment, they likely think of a man sexually harassing their female subordinate. However, sexual harassment works both ways – i.e., the harasser, as well as the victim. That was the case in Hasper v. County of Suffolk, decided by the Eastern District of New York on Feb. 25, 2015. There,…

Read More Treating Male and Female Sexual Harassment Victims Differently Creates Factual Issue on Title VII Gender Discrimination Claim
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In a federal court complaint captioned Pereyra v. Toys “R” Us Property Co. et al., 15-cv-00048 (SDNY Jan. 6, 2015), plaintiff alleges discrimination on the basis of sex/gender, sexual orientation, national origin, disability, retaliation, and constructive discharge. Plaintiff alleges, among other things, that his supervisor harassed him by calling him a “fag” and saying making…

Read More Discrimination Lawsuit Against Toys “R” Us
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Sneider v. AB Green Gansevoort, decided by the Supreme Court, New York County on January 7, 2015, addresses the pleading requirements for a claim of civil battery, as well as the effect of a criminal conviction on subsequent litigation arising out of the same facts. The facts: On February 23, 2013, the plaintiff, a patron…

Read More Standard Hotel Biergarten Brawl Lawsuit Continues
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In DiGiacomo v. Town of Babylon (App. Div. 2nd Dept. Jan. 28, 2015), the Appellate Division, Second Department affirmed the denial of defendant’s motion for summary judgment. Here are the facts of this personal injury case, the six-year old plaintiff was injured when she fell from a “monkey bar”. According to her testimony: [P]rior to her accident,…

Read More “Monkey Bar” Playground Injury Case Continues
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