2019

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In Kong v. Morrison-Tennenbaum PLLC, 2019 NY Slip Op 30529(U), 156864/2016 (Sup. Ct. NY Cty. March 1, 2019), an employment discrimination case, the court determined that various “requests to admit” were improper. Judge Chan discussed the parameters of this disclosure device: A notice to admit “is to be used only for disposing of uncontroverted questions…

Read More Court Strikes Requests to Admit in Employment Discrimination Case
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In Zervos v. Trump, 2019 NY Slip Op 01851 (App. Div. 1st Dept. March 14, 2019), the court held, inter alia, that Summer Zervos’ defamation lawsuit against President Trump may proceed. After finding that the action was not barred on immunity/Supremacy Clause grounds, the court turned to the merits. The court summarized New York defamation…

Read More Defamation Lawsuit Proceeds Against Trump: Part 2
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In Zervos v. Trump, 2019 NY Slip Op 01851 (App. Div. 1st Dept. March 14, 2019), the court held, inter alia, that Summer Zervos’ defamation lawsuit against President Trump may proceed, and is not barred by the U.S. Constitution’s Supremacy Clause.[1]The court also denied defendant’s motion to dismiss plaintiff’s defamation claim for failure to state…

Read More Defamation Case Against Trump Not Barred By Supremacy Clause, First Department Holds
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In a recent case, Francis v. Kings Park Manor, Inc. et al, No. 15-1823-cv (2d Cir. March 4, 2019), the Second Circuit held that a landlord “may be liable under the [Fair Housing Act, 42 U.S.C. §§ 3604(b), 3617] for failing to take prompt action to address a racially hostile housing environment created by one…

Read More Fair Housing Act Reaches Tenant-on-Tenant Racial Harassment, 2d Circuit Holds
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In McCabe v Consulate General of Canada, No. 101565/15, 8619, 8620, 2019 N.Y. Slip Op. 01651, 2019 WL 1064104 (N.Y.A.D. 1 Dept., Mar. 07, 2019), the court, inter alia, affirmed the dismissal of plaintiff’s sex and age discrimination claims under the New York State and City Human Rights Laws. From the decision: The court properly…

Read More Reduction in Force Coupled With Retention of Others Not in Plaintiff’s Protected Class Insufficient to State Claims of Age and Gender Discrimination
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In Noel v. Wal-Mart Stores, East LP, 18-1139-cv (2d Cir. March 11, 2019) (Summary Order), the Second Circuit, inter alia, vacated the lower court’s dismissal of plaintiff’s complaint. Plaintiff, who held the position of pharmacist manager, suffered from trypanophobia (or needle phobia). He sought an exemption from an alteration of his job description that would…

Read More 2d Circuit Overturns Dismissal of Disability Discrimination Complaint by Needle-Fearing Pharmacist
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The New York City Commission on Human Rights recently released its Legal Enforcement Guidance on Race Discrimination on the Basis of Hair (February 2019). That document provides, inter alia: The New York City Human Rights Law (“NYCHRL”) protects the rights of New Yorkers to maintain natural hair or hairstyles that are closely associated with their…

Read More “Hair Discrimination” Enforcement Guidance Issued by NYC Commission on Human Rights
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In Cruz v. Perspolis Realty LLC, 2019 NY Slip Op 01531 (App. Div. 1st Dept. March 5, 2019) – a slip-and-fall case – the court reversed the lower court’s order granting summary judgment to defendants. The court explained: Triable issues of fact exist in this action where plaintiff was injured when, while descending the interior…

Read More Ice Cream Slip/Fall Case Survives Summary Judgment
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In Nguedi v. The Federal Reserve Bank of New York, 16-cv-636, 2019 WL 1083966 (S.D.N.Y. March 7, 2019), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim. From the decision: The [New York City Human Rights Law] “is not a ‘general civility code.’ ” Mihalik, 715 F.3d at…

Read More Hostile Work Environment Claim Dismissed Against Federal Reserve Bank of New York
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From Fox v. Costco Wholesale Corporation, 2019 WL 1050643, at *7 (C.A.2 (N.Y.), 2019): The district court demanded too much of Fox. Fox is not required to list the shift, week, or month to be able to present this issue to a jury. See Aulicino v. N.Y.C. Dep’t of Homeless Servs., 580 F.3d 73, 84…

Read More Plaintiff’s ADA Disability Disability Discrimination Claim Survives Summary Judgment Summary Judgment Claim
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