May 2015

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In Francis v. Kings Park Manor, Inc., 14-cv-3555 (EDNY March 16, 2015), the court held that the plaintiff, an African American man whose neighbor subjected him to racist comments, stated a cause of action for breach of the implied warranty of habitability. Plaintiff alleged, for example, that his next-door neighbor called him a “fucking nigger” and repeatedly…

Read More Racist Neighbor’s Conduct Gives Rise to Breach of Warranty of Habitabilty Claim
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According to a recent article, employers may be finding new ways to mask age discrimination in hiring – namely, by advertising and/or stating a preference for so-called “digital natives.” A “digital native” – as opposed to a “digital immigrant” – has been defined as “a person who was born just before during or after the general…

Read More Ads Seeking “Digital Natives” May Evidence Age Discrimination
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The Appellate Division, First Department, in Matter of Law Offs. of Oliver Zhou, PLLC v. New York State Div. of Human Rights, 2015 NY Slip Op 04569 (App. Div. 1st Dept. May 28, 2015) recently upheld the determination of the State Division of Human Rights that the petitioners violated the State Human Rights Law. In…

Read More Termination After Showing Employer Sexual Harassment Complaint Supports State Division Award
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In Orange v. Leake & Watts Inc., No. 13-CV-6110 KBF, 2015 WL 2340649 (S.D.N.Y. May 15, 2015), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s race discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964. Plaintiff, an African American assistant teacher, alleged “that she suffered an adverse employment…

Read More Court Dismisses Race Discrimination Claim; Disciplinary Notice and Negative Evaluation Were Not “Adverse Employment Actions”
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New York Labor Law § 240(1) is a formidable statute that, when applicable, holds “contractors and owners and their agents” absolutely liable for certain injuries sustained by construction workers. The statute’s reach, however, is not absolute. By its terms, Labor Law § 240(1) affords protection to workers engaged in the “erection, demolition, repairing, altering, painting, cleaning or pointing…

Read More Worker Struck on Head by Falling Tree Trunk Not Protected by Labor Law § 240(1)
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In Lacey v. Target Corp., 2015 WL 2254968 (EDNY May 12, 2015), the court reviewed and applied the relevant New York law relating to slips and falls on foreign substances. Here, plaintiff alleged that she was injured when she slipped and fell on “slippery, old and dirty pieces of apple” in defendant’s store in Brooklyn,…

Read More Court Dismisses Apple-Slip-and-Fall Suit Against Target
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In Leon v. NYC Dept. of Education, a Summary Order dated May 22, 2015, the Second Circuit vacated the dismissal of plaintiff’s age/disability discrimination, retaliation, and accommodation claims, and held that a finding pursuant to NY Education § 3020-a that a teacher was fired for “cause” does not necessarily preclude a viable claim for (e.g.) discriminatory termination…

Read More Employment Discrimination Claims Not Collaterally Estopped By Finding That Teacher Was Fired For “Cause” Under New York Education Law § 3020-a
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In Geralds v. Damiano, 2015 NY Slip Op 04380 (App. Div. 1st Dept. May 21, 2015), the Appellate Division, First Department affirmed the denial of summary judgment to plaintiff. In this personal injury / motor vehicle accident /rear-end collision case: Plaintiff was injured when he was struck by a truck owned by defendant New York City…

Read More Rear-Ended Plaintiff Not Entitled to Summary Judgment
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Here’s another reason not to eat potato chips – or at least not to litter. Plaintiff Yvette Hawthorne-King alleged that she slipped and fell on exterior steps of a NYC Housing Authority Building “when she used her foot to swipe aside a potato chip bag on one step, and then slipped on an oily substance…

Read More Potato Chip Bag-Kick Slip/Fall Case Survives Summary Judgment
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A recent decision, Moultrie v. NYS Dep’t of Corr. & Cmty. Supervision, No. 13-CV-5138 NSR, 2015 WL 2151827 (S.D.N.Y. May 7, 2015), elaborates on how to prove employment discrimination with so-called “comparator” evidence. In this case, plaintiff, a Corrections Officer trainee at Sing Sing prison, was fired for, among other things, bringing a SIM card…

Read More Gender Discrimination Complaint Dismissed; Alleged Male Comparators Engaged in Less Serious Conduct
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