In Lapushner v. Admedus Ltd et al, 2020 WL 777332 (S.D.N.Y. 2020), a sexual harassment case, the court held that Minnesota, not New York, was the proper venue for this case. The court granted defendant’s motion to transfer venue under Federal Rule of Civil Procedure 1404(a). From the decision: “The location of operative events is…
Read More Court Transfers Sexual Harassment Case to Minnesota, Under FRCP 1404From Ajoku v New York State Office of Temporary Disability Assistance, No. 159104/18, 2020 WL 886160, at *4 (N.Y. Sup Ct, New York County Feb. 20, 2020): [T]he court declines to dismiss plaintiff’s hostile work environment claim against OTDA and Contento. A racially hostile work environment exists under the NYSHRL “[w]hen the workplace is permeated…
Read More Nigerian Man’s Race-Based Hostile Work Environment Claim Survives DismissalIn King v. Daniel Shoes, No. 13080/12, 2018-10611, 2020 N.Y. Slip Op. 01151, 2020 WL 808729 (N.Y.A.D. 2 Dept., Feb. 19, 2020) – a sexual harassment/hostile work environment case – the Appellate Division affirmed a lower court’s award of a default judgment against defendants on the issue of liability pursuant to 22 NYCRR 202.27(a) and…
Read More Sexual Harassment/Hostile Work Environment Default Judgment for Plaintiff Upheld; Defendants Did Not Demonstrate a Reasonable Excuse for Non-Appearance at TrialIn Monzac v. 1141 Elder Towers LLC, 2020 NY Slip Op 01243 (App. Div. 1st Dept. Feb. 20, 2020) – a personal injury slip-and-fall case – the court reversed the lower court’s directed verdict for defendant. From the decision: Plaintiff’s trial evidence established prima facie that defendant had constructive notice of the water on the…
Read More Evidence of Water on Lobby Floor Meets Summary Judgment Burden in Personal Injury Slip/Fall CaseIn Matter of New York State Unified Ct. Sys. v. New York State Div. of Human Rights, 2020 NY Slip Op 01252 (App. Div. 1st Dept. Feb. 20, 2020), the court upheld a finding of disability discrimination on behalf of a hearing-impaired court officer. From the decision: The Commissioner’s finding of discrimination is supported by…
Read More Court Upholds Finding of Disability Discrimination of Court OfficerIn the employment discrimination context, one issue that typically arises is whether an employee has sustained an actionable “adverse employment action.” Not every action that might be perceived as negative or otherwise disadvantageous qualifies. A recent example of a court addressing this issue is Dedjoe v. Dr. Mark T. Esper, in his official capacity as…
Read More Retaliation Dismissal Affirmed; Being Told to “Cool Off” Not an “Adverse Employment Action”In a recent decision, captioned International Franchise Association et al v. City of New York, NY Supreme Court, NY County, Index No. 655987/2018 (Feb. 13, 2020), the court rejected a challenge to New York City’s Fair Workweek Law, codified at Title 20, Chapter 12 of the New York City Administrative Code. Judge Engoron concluded that…
Read More New York Judge Dismisses Challenge to NYC’s Fair Workweek LawIn Raucci v. Center for Disability Services, Inc., 19-cv-1002, 2020 WL 777269 (N.D.N.Y. Feb. 18, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: In the present matter, the Court finds that Plaintiff has failed to plead facts alleging that she suffered abuse rising to the level of a hostile…
Read More Hostile Work Environment Claim Dismissed Against Center for Disability ServicesIn Garcia v. Yonkers Board of Education, 2020 WL 747916 (2d Cir. Feb. 14, 2020) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. Specifically, plaintiff alleged that she was brought up on disciplinary charges…
Read More Retaliation Claim Dismissal Affirmed; 3020-a Hearing’s Factual Findings Given Preclusive EffectIn Quiros v. Hawkins, 2020 NY Slip Op 01020 (App. Div. 1st Dept. Feb. 13, 2020) – a personal injury / car accident / hit-in-the-rear case – the Appellate Division, First Department unanimously reversed the lower court’s denial of plaintiff’s motion for partial summary judgment on the issue of liability. From the decision: It is…
Read More Brake Failure Claim Insufficient to Avoid Judgment for Plaintiff in Rear-End Collision Car Accident Case