Author: mjpospis

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Here is the complaint recently filed by plaintiff against his employer, Wall Street Languages, Ltd. (d/b/a Rennert International), alleging sexual harassment. Specifically, plaintiff claims that his male supervisor subjected him to numerous instances of harassing conduct, including asking plaintiff about the size of his penis and inviting him to an all-male, naked pool party.

Read More Same-Sex Sexual Harassment Lawsuit Against Wall Street Languages d/b/a Rennert International
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In Bencebi v. Baywood Realty, LLC, a stairway-fall personal injury case, the Appellate Division, Second Department reversed the lower court’s order granting summary for defendant. That is, plaintiff’s case continues to trial. Here are the facts: [Plaintiff sued] to recover damages for personal injuries allegedly sustained by her when she fell while descending an interior…

Read More Lack of Handrail Cited in Denial of Summary Judgment to Defendant in Stair-Fall Personal Injury Case
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In Lewis v. Blackman Plumbing Supply Co. 51 F. Supp. 3d 289 (SDNY 2014), the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s claims that defendants terminated him because of his hip-related disability, failed to accommodate him, and subjected him to a hostile work environment. As to plaintiff’s discriminatory-discharge claim,…

Read More Evidence, Including Derogatory Comments About Plaintiff’s Walk, Was Sufficient to Overcome Summary Judgment on Plaintiff’s Disability Discrimination Claims
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Here is the employment discrimination complaint, filed 12/29/14 in the NY County Supreme Court, against Reem Bridals LLC et al. In it, plaintiff alleges disability discrimination under the New York City Human Rights Law. She alleges that defendant fired her shortly learning of her diagnosis with and hospitalization for a liver tumors, failed to accommodate her…

Read More Liver Tumor Disability Discrimination Lawsuit
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Here is the lawsuit recently filed by a teacher against the New York City Department of Education and principal Howard Kwait. Plaintiff alleges sexual harassment/hostile work environment and retaliation. For example, she alleges that the principal, Howard Kwait, made numerous sexual advances toward her, including on one occasion straddled and touched plaintiff and simulated sexual…

Read More Teacher Sues School (John Bowne) and Principal Howard Kwait for Sexual Harassment/Hostile Work Environment and Retaliation
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In Gayle v. Harry’s Nurses Registry, Inc., 594 F.App’x 714 (2d Cir. 2014) (Summary Order), the court held that the plaintiffs were indeed employees, and not independent contractors. The decision is instructive as to the factors bearing on that analysis. Plaintiffs, a class of nurses, sued to recover unpaid overtime under the Fair Labor Standards…

Read More Nurses Were Employees, Not Independent Contractors, Court Holds
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In Ciliotta v. Ranieri, a dog bite case, the Supreme Court, Kings County, dismissed plaintiff’s case, finding that there was insufficient evidence that the dog had “vicious propensities” as required by New York law. It all started with a friendly discussion between neighbors. Involving thrown dog poo and choking: On April 14, 2011, Defendant Nicole…

Read More Brooklyn Dog Bite Case Dismissed Where Protective Dog Was Not Shown to Have “Vicious Propensities”
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In Diggs v. Oscar De La Renta, LLC (decided Dec. 9, 2014), a race discrimination case, the Supreme Court, Queens County denied defendants’ motion for summary judgment on plaintiff’s discrimination claim under the NYC Human Rights Law and her retaliation claims under the NYC and NYS Human Rights Laws. According to plaintiff, twice on second…

Read More Co-Worker’s “N-Word” Use Supports Discrimination Claim
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