It’s New Year’s Eve – a time for reflection, and, of course, revelry. New Year’s Eve parties are a great opportunity to connect with friends, and to bring in the new year with a bang. Sometimes they’re completely enjoyable – and sometimes a shelf collapses on your head. In C.I.R. v. Mangaroni, LLC, No. 156031/2015,…
Read More Plaintiff Denied Summary Judgment in New Year’s Eve Party AccidentIn Shah v. State of New York, 2019 NY Slip Op 08884 (App. Div. 2nd Dept. Dec. 11, 2019) – a failure-to-hire national origin discrimination case – the court affirmed the lower court’s decision denying the claimant’s motion seeking leave to file a late notice of claim. In sum, the claimant commenced this action, alleging…
Read More Court Affirms Denial of Leave to File Late Claim Against State Facility in Discrimination CaseIn Haleigh Breest v. Paul Haggis, No. 161137/17, 9783, 2019 N.Y. Slip Op. 09398, 2019 WL 7196544 (N.Y.A.D. 1 Dept., Dec. 26, 2019), the court addressed the following question: what must a plaintiff allege in order to state a cause of action under New York City’s Victims of Gender–Motivated Violence Protection Law (Administrative Code of…
Read More Court Interprets, and Finds Claim Stated Against Paul Haggis Under, the NYC Victims of Gender-Motivated Violence Protection LawIn Doe v. Macfarland, 2019 NY Slip Op 29380 (NY Sup. Ct. Rockland County Dec. 10, 2019), the court addressed an issue that comes up in the context of, among other types of cases, those involving claims under New York’s newly-enacted Child Victims Act – namely, whether the plaintiff may proceed anonymously. The Child Victims…
Read More Court Permits “Child Victims Act” Plaintiff to Proceed Under PseudonymIn Schmitt v. Artforum International Magazine et al, No. 10080, 159496/17, 2019 N.Y. Slip Op. 09352, 2019 WL 7173975 (N.Y.A.D. 1 Dept., Dec. 26, 2019), the court, inter alia, held that plaintiff sufficiently alleged retaliation under the New York City Human Rights Law, modifying the lower court’s order dismissing that claim as facially insufficient under…
Read More Retaliation Claim Survives Dismissal Against Artforum International MagazineWhile relatively short, the First Department’s recent decision in Donovan v. NYC Housing Authority, 2019 N.Y. Slip Op. 09394, 2019 WL 7173616 (N.Y.A.D. 1 Dept., Dec. 26, 2019), is instructive on the scope of medical discovery that courts will allow/disallow in an employment discrimination case. The court below had issued an Order denying defendant’s motion,…
Read More Court Orders Medical Discovery in Employment Discrimination/Retaliation CaseIn Schaper v. Bronx Lebanon Hospital Center, 2019 WL 7102144 (S.D.N.Y. Dec. 20, 2019), the court granted plaintiff’s motion for leave to file an amended complaint asserting, in addition to claims of hostile work environment and retaliation, a claim of disparate treatment. On September 30, 2019, the court denied defendants’ motion for summary judgment, noting…
Read More Plaintiff Granted Leave to Amend Complaint to Add Claim of Disparate TreatmentHappy holidays to all! One of my favorite Christmas/seasonal movies is National Lampoon’s Christmas Vacation. In my view it’s full of memorable moments and quotable lines. See, e.g., “our motor home’s septic tank is at capacity!” As with most movies, there are also a host of legal issues lurking – which, to a law student…
Read More Clark Griswold’s BonusIn Scalercio-Isenberg v. Morgan Stanley Services Group Inc., 2019 WL 6916099 (S.D.N.Y. Dec. 19, 2019), the court, inter alia, dismissed plaintiff’s failure-to-hire gender discrimination under Title VII of the Civil Rights Act of 1964. From the decision: [Plaintiff] has failed to make out a prima facie case that she suffered age or gender discrimination when…
Read More Failure-to-Hire Gender Discrimination Claim Dismissed Against Morgan StanleyIn Singh v. Memorial Sloan Kettering Cancer Center et al, 2019 WL 6977106 (S.D.N.Y. Dec. 20, 2019), the court, inter alia, dismissed plaintiff’s claims of civil battery and intentional infliction of emotional distress as against various entities, finding that the doctrine of respondeat did not apply. From the decision: These two causes of action concern…
Read More Sexual Misconduct Claim Not Imputed Under Respondeat Superior