Author: mjpospis

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In Peckham v. Island Park Union Free School District, 2018 WL 6332441 (App. Div. 2nd Dept. Dec. 5, 2018), the Second Department reversed the lower court’s denial of defendant’s motion for summary judgment, and held that plaintiff’s complaint – alleging age and sexual orientation discrimination under the New York State Human Rights Law – should…

Read More Age, Sexual Orientation Discrimination Claims Should Have Been Dismissed as Time-Barred, Second Department Holds
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From THOMAS GIBB, Plaintiff, v. TAPESTRY, INC. d/b/a Stuart Weitzman, Defendant., 2018 WL 6329403, at *5–6 (S.D.N.Y., 2018): Congress has unequivocally addressed the exclusive conditions under which Title VII complainants may bring a private suit in federal court. As this Court previously held in Henschke, “the language of section 2000e-5(f)(1) explicitly requires that one of two…

Read More Sexual Harassment Case Dismissed in Light of Premature EEOC Right-to-Sue Letter
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In Wilkins v. West Harlem Group Assistance, Inc., 2018 NY Slip Op 08247 (App. Div. 1st Dept. Dec. 4, 2018) – a premises liability personal injury case – the court reversed the lower court’s decision granting summary judgment to defendant. In sum, plaintiff was injured when, after attempting to close a window on property leased by…

Read More “Res Ipsa Loquitur” Doctrine Applicable in Falling-Window Personal Injury Case; Summary Judgement to Defendant Reversed
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In Snyder v. Town of Potsdam, 2018 WL 6267922 (N.D.N.Y. Nov. 30, 2018), the court – summarizing (one aspect of) the law of employment discrimination – underscores an important (albeit established) point: namely, not only “minorities” are protected by the anti-discrimination laws. The court wrote: Title VII [of the Civil Rights Act of 1964] prohibits all…

Read More Discrimination Laws Prohibit Discrimination Against Men Too, Court Notes
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From ALADDIN ABDAL-RAHIM, Plaintiff, v. MTA NEW YORK CITY TRANSIT, Defendant., 2018 WL 6176217, at *4 (S.D.N.Y. Nov. 27, 2018): [E]ven liberally construing Rahim’s complaint, he has not pleaded facts sufficient to state a claim for discrimination. Essentially, Rahim’s only allegation is that he passed a civil service test and that the NYCTA hired candidates with…

Read More Title VII, ADEA Claims Insufficiently Pleaded Against MTA NYC Transit
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In Matter of 130-10 Food Corp. v. New York State Div. of Human Rights, 2018 NY Slip Op 08123 (App. Div. 2nd Dept. Nov. 28, 2018), the court held that employment (disability) discrimination claim should be dismissed on statute-of-limitations grounds. The court explained: “Pursuant to Executive Law § 297(5), a complainant seeking redress under the [New…

Read More Disability Discrimination Claim Dismissed Against One Respondent as Time Barred; “Relation Back” Doctrine Inapplicable
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In Yu v. City of New York et al, 17-CV-7327, 2018 WL 6250659 (S.D.N.Y. Nov. 29, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claims. It summarized the well-established legal standard: To bring a hostile work environment claim under federal or state law, a plaintiff must allege facts from which a court can…

Read More Hostile Work Environment Claims Dismissed; “Asian Girl” Comment Insufficient
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In Collins v. Resource Center for Independent Living, 17-CV-0925, 2018 WL 5983377 (N.D.N.Y. Nov. 14, 2018), the court, inter alia, denied defendant’s motion to dismiss – on the pleadings, under Fed. R. Civ. P. 12(c) – plaintiff’s Title VII race-based employment discrimination claim.[1]The court also, inter alia, dismissed plaintiff’s race-based hostile work environment claim. From…

Read More Race Discrimination Claim Survives Motion to Dismiss; Allegations Included Pay Raise Granted to White Employees, Denied to Black Plaintiff
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In DeLorenzo v. Viceroy Hotel Group LLC, 17-3470 (2d Cir. Nov. 21, 2018) (Summary Order), the court held that plaintiff’s personal injury complaint – based on an alleged sexual assault by an employee of a a hotel in Anguilla – was properly dismissed because the court did not have personal jurisdiction over the defendant. The…

Read More Sexual Assault Claim Properly Dismissed; Personal Jurisdiction Lacking
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