Author: mjpospis

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In Kaplan v. NYC Dept. of Health and Mental Hygiene (NY Sup. Ct. Kings Cty. Index No. 506658-2013), the court dismissed plaintiff’s sexual harassment and retaliation claims – asserted under the NYC Human Rights Law – arising from a male boss’s masturbating in front of his female subordinate. Plaintiff alleged that, at the beginning of a training…

Read More Male Boss Masturbating in Front of Female Subordinate Was Merely a “Trivial Inconvenience”, and Hence Not Sexual Harassment, Court Rules
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The New York Court of Appeals held, in Webb-Weber v. Community Action for Human Servs., Inc. (decided May 13, 2014) that plaintiff adequately stated a claim under New York’s Whistleblower Law, Labor Law § 740(2)(a). That statute provides, in pertinent part: An employer shall not take any retaliatory personnel action against an employee because such employee … discloses,…

Read More Court of Appeals Broadly Interprets New York’s General Whistleblower Statute, Labor Law § 740
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In Betts v. Shearman et al, decided May 2, 2014, the Second Circuit affirmed the dismissal of plaintiff’s claims for false arrest and malicious prosecution arising from his wife’s an encounter in which, he claims, his wife falsely accused him of assaulting her. Plaintiff alleged the following: On January 20, 2011 at approximately 11:30 p.m., while…

Read More Complaining Victim’s Allegedly False Accusation of Assault Insufficient to Establish False Arrest Claim
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Here’s a little Mother’s Day-themed law for you. In Pierre v. City of New York, the Southern District of New York recommended the dismissal of various claims asserted by plaintiff against the City of New York, including for false arrest, excessive force, deprivation of property, violation of First Amendment rights, under federal law (through 42 USC…

Read More Mother’s Day Cards Are Not Exempt From General Vendor’s License Requirement
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In Alford v. City of New York, the Appellate Division, First Department unanimously affirmed a trial court’s refusal to allow defendants to obtain or use plaintiff’s medical records relating to prior substance abuse and mental health treatment. Plaintiff sued to recover for back and knee injuries, as well as post-traumatic stress disorder and mental and psychological injuries, allegedly…

Read More Mental Health and Substance Abuse Records Properly Precluded Following Withdrawal of PTSD/Mental Injury Injury Claims in Elevator Accident Case
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A recent Second Department decision, Fernandez v. Babylon Mun. Solid Waste, illustrates the circumstances under which a rear-ended plaintiff is not entitled to summary judgment. Plaintiff’s vehicle was struck in the rear by a vehicle owned by defendant Babylon and driven by defendant Catania. Plaintiff moved for summary judgment on the issue of liability, and…

Read More Rear-Ending Driver Not Liable as a Matter of Law
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In Catalanello v. Kramer (decided May 7, 2014), Southern District Judge Paul Engelmayer dismissed plaintiff Robert Catalanello’s complaint alleging defamation and false light invasion of privacy against law professor Zachary Kramer. Applying New Jersey law, the court held that the alleged defamatory statements (which were contained in Kramer’s law review article titled “Of Meat and Manhood” and…

Read More Court Dismisses Defamation and False Light/Privacy Claims Brought By Alleged Harasser Against Law Professor
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In Phillip v Young Men’s Christian Assn. of Greater N.Y. (a slip-and-fall case), the Appellate Division, First Department recently affirmed the lower court’s grant of defendant’s motion for summary judgment. “Defendant met its initial burden of demonstrating lack of notice of the wet condition of the locker room floor where plaintiff allegedly slipped by submitting evidence…

Read More General Awareness of Wet Condition Insufficient to Survive Summary Judgment in Slip/Fall Case
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