2019

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In Serrano v. DTG Enter. Inc., 2019 NY Slip Op 03469 (App. Div. 1st Dept. May 2, 2019) – a rear-end collision car accident case – the First Department reversed the denial of plaintiff’s motion for summary judgment. From the decision: It is undisputed that Serrano made a prima facie showing that he was entitled…

Read More Plaintiff Gets Summary Judgment in Rear-End Collision Case; Lack of Turn Signal Was Irrelevant
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In Forman v. Whitney Ctr. for Permanent Cosmetics Corp., 155762/2015, 2019 NY Slip Op 03451 (App. Div. 1st Dept. May 2, 2019), the court affirmed the dismissal of plaintiff’s lawsuit in which plaintiff alleged (inter alia) that defendant acted negligently in performing cosmetic tattooing on the plaintiff. From the decision: Defendants’ motion for summary judgment…

Read More Citing Express Approval, Court Affirms Dismissal of yebrow Tattoo Negligence Case Dismissed
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In Laface v. Eastern Suffolk BOCES et al, 2019 WL 1959489 (EDNY May 2, 2019), the court, inter alia, dismissed plaintiff’s claim of discrimination under the Age Discrimination in Employment Act (ADEA). The court provides the following overview of the law: To plausibly allege an actionable ADEA discrimination claim based on hostile work environment, the…

Read More ADEA Discrimination/Hostile Work Environment Complaint Dismissed Against Eastern Suffolk BOCES
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In Barbini v. First Niagara Bank, N.A., 16-cv-7887, 2019 WL 1922041 (S.D.N.Y. April 29, 2019), the court held, inter alia, that defendant waived the attorney-client privilege in connection with asserting the Faragher/Ellerth defense to plaintiffs’ sexual harassment claims. Under that defendant may escape liability if it can show two things, namely, (1) the employer exercised reasonable care…

Read More Invocation of Faragher/Ellerth Defense in Sexual Harassment Case Waives Attorney-Client Privilege, Court Finds
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In McCullough v. John T. Mather Hospital of Port Jefferson, New York, Inc., 16-cv-4968, 2019 WL 1755436 (EDNY April 19, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim. It summarized the law as follows: Title VII and NYSHRL prohibits an employer from discriminating against an employee on the basis of race, color,…

Read More Hostile Work Environment Claims Dismissed; “Inappropriate” Comments Were Insufficiently Severe, and Not Tied to Protected Status
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In Harding v Donatella GCT LLC, No. 158886/2017, 2019 WL 1597675, at *1 (N.Y. Sup Ct, New York County Apr. 11, 2019), the court granted plaintiff’s motion under CPLR 3025 (b) to amend her complaint to add a claim under the Fair Chance Act of the New York City Human Rights Law, alleging that Donatella…

Read More Court Permits Amendment to Add “Fair Chance Act” Criminal History Discrimination Claim
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In Escobar v. Tutor Perini Corp. 2019 NY Slip Op 31020(U), 152524/2018 (Sup. Ct. NY Cty. April 8, 2019) (J. Freed), the court, inter alia, dismissed plaintiff’s discrimination claims, advanced under the New York State and City Human Rights Laws under an “aiding and abetting” theory. The court wrote: To be held liable as an…

Read More Court Dismisses “Aiding and Abetting” Discrimination Claim
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In Natofsky v. City of New York, 2019 WL 1715951 (2d Cir. April 18, 2019), the Second Circuit, inter alia, held that the Americans with Disabilities Act (ADA) employs the (relatively strict) “but for” causation standard. From the decision: Having determined that the ADA does not incorporate Title VII’s mixed-motive standard, the remaining question is…

Read More 2d Circuit Holds That the ADA Requires “But For” Causation
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From Williams v New York City Transit Authority, No. 2017-02335, 505636/16, 2019 N.Y. Slip Op. 02747, 2019 WL 1549176 (N.Y.A.D. 2 Dept., Apr. 10, 2019): We agree with the Supreme Court’s determination that, based on the prior federal determination, the plaintiff is collaterally estopped from asserting the NYSHRL causes of action. The doctrine of collateral…

Read More Employment Discrimination Claims Properly Dismissed on the Ground of Collateral Estoppel
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