2017

by

Man in bow tie on courthouse steps Man in bow tie on courthouse steps

In Simons v. Petrarch LLC and Hicham Aboutaam, 2017 NY Slip Op 30457(U) (NY Sup. Ct. NY Cty. March 1, 2017) (J. Hagler), a sexual harassment case, the court applied spoliation sanctions on plaintiff. This case is instructive as to the obligations of litigants generally, and in sexual harassment cases in particular, to preserve evidence.…

Read More Sexual Harassment Plaintiff Hit With Spoliation Sanctions
Share This:
by

Sign on bar door refusing service to anyone Sign on bar door refusing service to anyone

In DeVore v. Neighborhood Hous. Servs. of Jamaica Inc. (NHSJ), No. 15-CV-6218 (PKC), 2017 WL 1034787 (E.D.N.Y. Mar. 16, 2017), the court held that plaintiff sufficiently alleged a claim of gender discrimination. From the decision: [T]he Court finds that Plaintiff has sufficiently pled a disparate treatment claim on the basis of gender. Plaintiff alleges that…

Read More Male Employee’s Gender Discrimination (Disparate Treatment) Claim Sufficiently Pled; Survives Motion to Dismiss
Share This:
by

Green overlapping P and L monogram logo Green overlapping P and L monogram logo

In Bien-Aime v. Equity Residential, No. 15-CV-1485 (VEC), 2017 WL 696695 (S.D.N.Y. Feb. 22, 2017), the court granted defendant’s motion for summary judgment as to plaintiff’s disability discrimination claims (under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL), but denied…

Read More Manhattan Building Porter’s ADA Retaliation Claim Survives Summary Judgment; Disability Discrimination Claims Dismissed
Share This:
by

Post thumbnail

In a recently-filed lawsuit, captioned Piatek v. The Happiest Hour and Jon Neidich (NY Sup. Ct., NY Cty., Index 152578/2017, filed 3/17/17), plaintiff alleges that he (while wearing a hat bearing the Donald Trump slogan “Make America Great Again”) “was unlawfully ridiculed, discriminated against and ejected from The Happiest Hour on account of his creed,…

Read More Lawsuit Alleges Public Accommodation Discrimination Against Bar by Trump Hat-Wearing Patron
Share This:
by

Post thumbnail

In Stevens v. Rite Aid Corp., No. 15-277(L), 2017 WL 1055566 (2d Cir. Mar. 21, 2017), the Second Circuit reversed a lower court decision in favor of the plaintiff on his wrongful termination and retaliation claims, and affirmed its dismissal of plaintiff’s failure-to-accommodate claim, under the Americans with Disabilities Act (ADA) and state law. Plaintiff, a pharmacist, suffers…

Read More 2d Circuit Rules Against Needle-Fearing Pharmacist on Disability Discrimination Claims
Share This:
by

Man in suit with pink bow tie Man in suit with pink bow tie

In Bailey v. Reg’l Radio Grp. LLC, No. 15-cv-375, 2017 WL 1025948 (N.D.N.Y. Mar. 15, 2017), the court granted defendants’ motion for summary judgment as to plaintiff’s gender-based disparate treatment (including constructive discharge), gender-based hostile work environment, and retaliation claims. In this case, plaintiff generally alleges that Defendant Ashworth discriminated against and harassed her and…

Read More Court Dismisses Gender Discrimination/Constructive Discharge, Hostile Work Environment, Retaliation Claims Against Regional Radio Group LLC
Share This:
by

Smiling person in suit with rainbow bowtie Smiling person in suit with rainbow bowtie

In Hababi v. Lutheran Med. Ctr., 2016 NY Slip Op 32554(U), 501765/15 (NY Sup. Ct. Kings Cty. Dec. 16, 2016), a Brooklyn state court judge denied defendants’ motion for summary judgment on plaintiff’s hostile work environment (but granted it with respect to, and hence dismissed, her discrimination and retaliation) claims. In sum, defendant terminated plaintiff – a…

Read More Muslim Woman Overcomes Summary Judgment on Religious and National Origin Based Hostile Work Environment, But Not Disparate Treatment and Retaliation, Claims
Share This:
by

Person in suit with rainbow bow tie Person in suit with rainbow bow tie

In Scavetta v. Wechsler, 2017 NY Slip Op 01985 (App. Div. 1st Dept. March 16, 2017), the court applied the “vicious propensity” rule to affirm the summary judgment dismissal of a personal injury case arising from a dog escaping from an unsecured bike rack. At the same time, the court “acknowledge[d] plaintiffs’ persuasive argument that…

Read More Court (Reluctantly) Applies “Vicious Propensity” Rule to Dismiss Personal Injury Case Arising From Escaping Dog
Share This:
by

Smiling man in suit with striped yellow tie Smiling man in suit with striped yellow tie

In Matter of Davis, No. 521825, 2017 NY Slip Op 01920, 2017 WL 1013161 (N.Y. App. Div. 3d Dept. Mar. 16, 2017), the court affirmed an Unemployment Insurance Appeal Board determination that the claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. The court summarized the facts/procedure…

Read More Unemployment Benefit Denial to Resigning Employee Affirmed, Notwithstanding Hostile Work Environment Allegation
Share This:
© 2026 Pospis Law, PLLC. All Rights Reserved.