In Samarskaya v. MVAIC, Judge Bluth of the New York Supreme Court, New York County denied defendant Motor Vehicle Accident Indemnification Corporation’s (MVAIC) motion for summary judgment. Plaintiff alleged that while riding her bicycle, she was struck by an opened rear passenger-side door of a taxi, which then drove off. Under Article 52 of the…
Read More MVAIC Denied Dismissal in Case of Cyclist “Doored” by Taxi PassengerIn Davis v. Duane Reade, Inc. (2d Dept. Sept. 24, 2014), the court explained the narrow scope of the waiver provision of New York’s Whistleblower Law: Labor Law § 740(7) provides that “the institution of an action in accordance with this section shall be deemed a waiver of the rights and remedies available under any…
Read More Court Clarifies Limited Scope of Whistleblower Law’s Waiver ProvisionIn Pal v. New York University (Summary Order dated 9/22/14), the U.S. Court of Appeals for the Second Circuit clarified that New York’s “Whistleblower” law – New York Labor Law § 740 – only provides for “equitable” relief (such as back pay), does not allow recovery for “future or anticipated lost wages or benefits,” and does not provide…
Read More Second Circuit Clarifies Remedies Available Under New York’s “Whistleblower Law”, New York Labor Law 740/741Here is the complaint, recently filed by model Carolina Rommel, against the owner of NoHo restaurant Public. Plaintiff alleges that, while dining at defendant’s restaurant in October 2011, she “bit into a rock contained in a warm lentil salad that had been served to her by defendant. It further alleges: Plaintiff’s injuries have been exacerbated…
Read More This Restaurant’s Salad Rocks (Not in the Good Way)In D’Agostino v. YRC, Inc., the Appellate Division, Second Department affirmed the denial of summary judgment on liability in favor of the plaintiff, who was struck in the rear. Here are the facts: During the late night hours of October 22, 2010, the plaintiff was driving in the northbound right lane of Interstate 87, near…
Read More Possible Explanation for Rear-End Collision Precludes Summary Judgment in Favor of Rear-Ended PlaintiffHere and below is the complaint filed in Brooklyn federal court on September 15, 2014 against a Queens and Long Island medical practice known as DocCare and its CEO Alan Bigman. Here’s the New York Post article on the lawsuit. Plaintiff, who worked for defendants as a medical assistant, alleges that defendant failed to pay plaintiff for…
Read More Plaintiff Sues for Wage/Overtime Violations After Being Fired, Ostensibly Because of Instagram Smoking PhotoBy now you may have read the open letter by SoHo bartender Laura Ramadei to customer/hedge funder Brian Lederman, chronicling an unpleasant encounter in which Lederman allegedly groped Ms. Ramadei while she was waiting on him and then left her a paltry tip because she rejected his amorous advances. Here’s the Gothamist article about the incident.…
Read More Sexual Harassment by Non-Employee Customers, Clients, and PatronsHere is the federal lawsuit recently filed by waitress Alexandra Mitropoulous against Avlee Greek Kitchen and its owner, Peter Rogakos. Plaintiff alleges, that she was constructively discharged after being subjected to sexual harassment and battery. For example, she alleges that Rogakos asked her what color underwear she was wearing, pulled her hair, and tried to kiss…
Read More Sexual Harassment Lawsuit Against Avlee Greek Kitchen and Peter RogakosIn Lee v. Woori Bank (decided Aug. 21, 2014), the New York Supreme Court held that plaintiff adequately pleaded a negligent hiring and retention claim. In this case, plaintiffs asserted claims for retaliation, battery, negligence, and sexual harassment. Specifically, they alleged that Mr. Yoo, along with five other managers and executives from Korea, consistently used foul…
Read More Negligent Hiring and Retention Claims Continue Against Korean BankIn Panagos v. Brooklyn Botanic Garden Corp. (decided Sept. 2, 2014), a trip-and-fall case, the Supreme Court, Queens County denied defendant’s motion for summary judgment dismissing plaintiff’s complaint. In this personal injury case, plaintiff (a 73 year-old woman) sued after sustaining injuries after tripping and falling on a series of three steps near the Cherry Esplanade and…
Read More “Optically Confusing” Steps Create Issue of Fact in Trip-and-Fall Case