2021

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In Madrigal v. Montefiore Medical Center et al., No. 12306, 2020-00608, 307949/10E, 2021 N.Y. Slip Op. 00526, 2021 WL 329412 (N.Y.A.D. 1 Dept., Feb. 02, 2021), the court, inter alia, upheld damage awards for plaintiff on her gender discrimination, sexual harassment, and retaliation claims. (The court’s discussion of liability is discussed here.) A jury awarded…

Read More Court Reverses Damages Reductions in Sexual Harassment Case Against Montefiore Medical Center
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In Madrigal v. Montefiore Medical Center et al., No. 12306, 2020-00608, 307949/10E, 2021 N.Y. Slip Op. 00526, 2021 WL 329412 (N.Y.A.D. 1 Dept., Feb. 02, 2021), the court, inter alia, affirmed a jury verdict for plaintiff on her battery, employment discrimination, hostile work environment/sexual harassment, and retaliation claims. From the decision: The evidence at trial…

Read More Sexual Harassment, Battery, Discrimination, and Retaliation Jury Verdict Upheld Against Montefiore Medical Center
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In Gordon v. Consolidated Edison Inc., 2021 NY Slip Op 00492 (App. Div. 1st Dept. Jan. 28, 2021), the court held that plaintiff presented sufficient evidence to proceed on her failure-to-accommodate-disability discrimination claim under the New York State Human Rights Law. In sum, plaintiff, who worked for defendant as a financial analyst, suffered from irritable…

Read More Medical Marijuana/IBD Sufferer Presents Sufficient Facts to Proceed on Failure-to-Accommodate Claim
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A recent decision, Girard v. International Association of Approved Basketball Officials, Inc., 2021 WL 222116 (2d Cir. Jan. 22, 2021) (Summary Order), illustrates the principle that Title VII of the Civil Rights of 1964 (the primary federal anti-discrimination law) protects only “employees.” Girard, a female middle and high school basketball referee, sued defendants under Title…

Read More High/Middle School Basketball Referee Was Not a Title VII “Employee”; Gender Discrimination and Retaliation Claims Dismissed
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In a recent case, Michael J. Redenburg, Esq. PC v. Midvale Indemnity Company, 20-cv-05818, 2021 WL 276655 (S.D.N.Y. Jan. 27, 2021), the court, inter alia, granted defendant insurance company’s motion to dismiss the plaintiff attorney’s complaint, which sought a declaration that the firm’s commercial property insurance policy covered its losses caused by stay-at-home and social-distancing…

Read More “Virus Exclusion” Defeats Attorney’s Insurance-Coverage Claim
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In Tihan v. Apollo Management Holdings, L.P., No. 152196/2019, 2021 WL 274709 (N.Y. Sup Ct, New York County Jan. 27, 2021), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s (a Turkish Muslim) claims of discrimination based on his national origin or religion. The court rejected plaintiff’s argument that his performance reviews…

Read More National Origin, Religious Discrimination Claims Dismissed Against Apollo Management Holdings
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In Denson v. Donald J. Trump for President, Inc., No. 101616/2017, 2021 WL 256624 (N.Y. Sup Ct, New York County Jan. 11, 2021), the court, inter alia, granted plaintiff’s motion to amend her complaint to add a claim for retaliation arising from defendants’ commencement of an arbitration proceeding in response to her lawsuit alleging a…

Read More Sex-Discrimination Plaintiff May Amend Complaint to Assert Arbitration-Related Retaliation Claim Against Trump Campaign
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In Lettau v. 1199 Seiu Nat. Ben. Fund, No. 158020/2018, 2021 WL 143478, 2021 N.Y. Slip Op. 30122(U), 5–6 (N.Y. Sup Ct, New York County Jan. 15, 2021), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s disability discrimination claim asserted under the New York City Human Rights Law. From the decision:…

Read More Disability Discrimination Claim Dismissed; Unexcused Absences, Not Disability, Justified Termination
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In Crews v. The City of Ithaca et al, 2021 WL 257120 (N.D.N.Y. Jan. 26, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim – which was based, in part, on plaintiff’s co-workers creating a fake ID that included Plaintiff’s picture with the name “McLovin” printed on the ID (which was a reference to…

Read More “McLovin” Fake ID, While Inappropriate, Did Not Give Rise to a Hostile Work Environment Claim
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In Williams v. Rhythm of Life Corp., No. 652707/2020, 2021 WL 143487, 2021 N.Y. Slip Op. 30139(U) (N.Y. Sup Ct, New York County Jan. 14, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s breach-of-contract claim arising from his alleged wrongful termination. In sum, in this case plaintiff asserts “that the defendant wrongfully…

Read More Dance Teacher Stated Claim For Breach of Contract Following Termination For Allegedly False Accusations of Sexual Harassment
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