In Blok v. Mammadov (App. Div. 2nd Dept. March 18, 2015), the Appellate Division, Second Department, affirmed the denial of summary judgment to a pedestrian plaintiff. Here are the facts of this car accident case: While crossing Sheepshead Bay Road at or near its intersection with Emmons Avenue in Brooklyn, the plaintiff allegedly was injured…
Read More Struck Pedestrian Not Entitled to Summary JudgmentGothamist has reported that a driver who struck and killed a Harlem sixth grader was apparently operating an Uber-affiliated car. This is what they had to say about this pedestrian car accident case: The victim, Ervi Secundino, was struck at around 3 p.m. [on May 6, 2015] while crossing Adam Clayton Powell Jr. Boulevard at…
Read More Uber-Affiliated Car Reportedly Kills Harlem BoyIn Raghavendra v. Bollinger, 2015 NY Slip Op 03775 (App. Div. 1st Dept. May 5, 2015), the court affirmed the lower court’s grant of summary judgment to defendant. This employment discrimination case (asserted under the New York State and City Human Rights Laws) illustrates how courts evaluate so-called failure to rehire cases, for statute of…
Read More Initial Rehire Refusal Triggers Statute of Limitations; Discrimination Action Was Time-BarredIn a shocking development, the U.S. District Court for the District of Nebraska has issued a decision dismissing the “”lawsuit“” (one set of sarcastic quotation marks wasn’t enough, so I used two) filed last week by plaintiff Sylvia Ann Driskell against “Homosexuals”. (In her complaint, Ms. Driskell identifies herself as the “Ambassador” for God and Jesus…
Read More Court Dismisses Nebraska Woman’s Lawsuit Against HomosexualsIn her personal injury lawsuit captioned Brouillette v. Lisa Kistermann et al. and filed in New York Supreme Court on May 4, 2015, plaintiff Robin Brouillette alleges that on March 25, 2015, defendants Lisa Kistermann and Jessica Kistermann caused her “to be precipitated down a set of stairs” and suffer injuries.
Read More Injury Lawsuit by Robin Brouillette Against Lisa and Jessica KistermannIn Palladino v. City of New York (App. Div. 2nd Dept. April 1, 2015), the court affirmed the dismissal of plaintiff’s trip-and-fall case. Plaintiff alleged that she was injured when she “tripped on a depression in the asphalt surface abutting a metal plate which covered a valve box that served a nearby fire hydrant.” The…
Read More Trip/Fall Case Dismissed; Half-Inch Deep Depression Was “Trivial” as a Matter of LawIn Rollins v. Fencers Club, Inc. (App. Div. 1st Dept. May 5, 2015), the Appellate Division, First Department affirmed the denial of defendants’ motion for summary judgment dismissing plaintiff’s complaint alleging age discrimination in violation of the NYC Human Rights Law. As a result, plaintiff gets a trial on her claims. The court analyzed plaintiff’s…
Read More Age Discrimination Plaintiff Defeats Summary Judgment; Age-Related Comments Were Not “Stray Remarks”In Petyan v. New York City Law Dept., 14-cv-1434, 2015 WL 1855961 (SDNY April 23, 2015), the court recommended the dismissal of plaintiff’s national origin (Israeli) discrimination and hostile work environment claims, but held that plaintiff plausibly alleged retaliation in the form of a negative performance evaluation. The court held: The law in [the Second] Circuit…
Read More Retaliation Claim, But Not National Origin Discrimination Claim, Survives DismissalIn 2010, plaintiff Geralyn Ganci alleged, in a federal court complaint against U.S. Limousine Service Ltd. and Raymond Townsend, that she was subjected to hostile work environment and quid pro quo sexual harassment (including in person and by phone calls/text messages) by her boss Raymond Townsend and fired for rejecting his advances. Among the “vile and…
Read More $700,000+ Award in Limousine Company Sexual Harassment CaseIn Moriarty v. Lenox Terrace Development Associates (NY Sup. Ct. 3/24/15), the plaintiff sought to recover for injuries she sustained after tripping and falling upon exiting a misleveled elevator in her building. She relied, in part, on the theory of “res ipsa loquitur”. The court explained that, in order to invoke that doctrine, a plaintiff…
Read More Elevator Misleveling Trip-and-Fall Case Proceeds to Trial on Res Ipsa Loquitur Theory