Author: mjpospis

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In Stagnitta v. Ambrosino, 2018 NY Slip Op 08053 (App. Div. 2nd Dept. Nov. 21, 2018), the court held that “[t]he alleged sexualization of a physician-patient relationship generally sounds in medical malpractice … since the injuries incurred are not separate and distinct from the damages incurred for medical malpractice[.]” Here are the facts of this case,…

Read More Claim Based on Improper Sexual Conduct by Psychiatrist Subject to Medical Malpractice Statute of Limitations
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In Hirsch v. Solares, 2018 NY Slip Op 07828 (App. Div. 1st Div. Nov. 15, 2018), a personal injury action arising from a bar fight, the court held that summary judgment was properly denied as to plaintiff’s negligence claim, but that plaintiff’s claim for strict liability under Alcoholic Beverage Control Law § 65(2) should have been dismissed. As…

Read More Bar Brawl Personal Injury Case Survives Summary Judgment, In Part
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From Perez v. Mason Tenders District Council, 17-3896 (2d Circuit Nov. 21, 2018) (Summary Order): Perez concedes in her opening brief, as she did before the district court, that her complaint was filed outside the 90-day window she had from receiving the EEOC’s rightto-sue letter to bring her claim. Nevertheless, she maintains that the limitations…

Read More ADA Disability Discrimination Claim Properly Dismissed as Filed Beyond the 90-Day EEOC Notice
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In Daughtry v. Fedcap Rehabilitation Servs. Inc., 2018 NY Slip Op 32857(U), Index No. 152108/2016 (Sup. Ct. N.Y. Cty. Nov. 8, 2018) – a race/criminal conviction discrimination case – the court, inter alia, held that plaintiff was not entitled to a deposition of the defendant’s CEO. The court, therefore, granted defendant’s motion for a protective order under…

Read More Deposition of CEO Denied in Criminal Conviction Employment Discrimination Case
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In Easley v. U Haul, 2018 NY Slip Op 08008 (App. Div. Nov. 21, 2018), a personal injury trip-and-fall action, the court held that defendant’s motion for summary judgment dismissing plaintiff’s complaint should have been granted. In sum, plaintiff alleged that he was “injured when he tripped and fell on a half-inch to one-inch metal protrusion sticking…

Read More Defect Was “Trivial”; Personal Injury Action Dismissed
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In Jones v. Bloomingdale’s, 17-CV-1974, 2018 WL 6067227 (S.D.N.Y. Nov. 20, 2018), the court, inter alia, dismissed plaintiff’s race discrimination case based on defendant’s alleged post-employment discriminatory conduct. From the decision: Nor can Jones salvage his employment discrimination claim, under either § 1981 or Title VII, by relying on Bloomingdale’s allegedly discriminatory conduct after he…

Read More Post-Employment Conduct Did Not Amount to Unlawful Race Discrimination, Court Holds
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A recent case, Amaya v. Ballyshear LLC, 2018 WL 6065493 (EDNY Nov. 20, 2018), discusses the geographical reach of the New York City Human Rights Law. In this case, the Plaintiff – a former housekeeper who lives in Southampton, New York – claims that defendants engaged in unlawful discrimination and retaliation in violation of the NYCHRL.…

Read More NYC Human Rights Law Claim Dismissed; “Impact” Not Felt in New York City
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In Gillings v. New York Post, 2018 NY Slip Op 07413 (App. Div. 2nd Dept. Nov. 7, 2018), the court affirmed the dismissal of a defamation action against the New York Post and Julia Marsh, on the basis of New York Civil Rights Law § 74. The court summarized the law as follows: Civil Rights Law § 74…

Read More Defamation Action Against New York Post Dismissed Under NY Civil Rights Law § 74
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In Benson v. Family Dollar Operations, Inc., 2018 WL 5919905 (2d Cir. Nov. 13, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal by summary judgment of plaintiff’s age discrimination claim. This case is one example of how courts evaluate statistics as proffered evidence of in an employment discrimination case. The court summarized the well-established…

Read More Statistics Insufficient to Show Age Discrimination, Court Finds
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In Coyle v. College of Westchester, Inc., 2018 NY Slip Op 07699, 2018 NY Slip Op 07699 (App. Div. 2d Dept. Nov. 14, 2014), the court – in addition to affirming the dismissal of plaintiff’s Labor Law § 740 cause of action – also affirmed the dismissal of plaintiff’s “fraudulent inducement” claim. The court summarized the well-established, current…

Read More Citing the “At Will Employment” Rule, Court Affirms the Dismissal of Plaintiff’s Fraudulent Inducement Claim
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