Author: mjpospis
Court Affirms Dismissal of Postal Worker’s Personal Injury Suit Arising From Defective Mailbox
In Soto v. New Frontiers 2 Hope Hous. Dev. Fund Co. (decided June 10, 2014), the Appellate Division, First Department affirmed the dismissal of plaintiff’s complaint. Plaintiff, a postal worker, was allegedly injured “when the mailbox receptacle unit in defendants’ building fell into the wall as she was closing the unit after placing the mail in the individual…
Read More Court Affirms Dismissal of Postal Worker’s Personal Injury Suit Arising From Defective MailboxWrongful Death Suit Arising From Defective Murphy Bed
Below is the complaint recently filed in New York state court by the estate of Joseph Annunziato, who was allegedly killed when his Murphy bed struck him. It includes claims sounding in negligence, breach of implied and express warranty, and strict liability. Here’s one news story about the suit.
Read More Wrongful Death Suit Arising From Defective Murphy BedPersonal Injury Jury Award Too Low, Court Holds
In a recent personal injury case, Schecher v. R. Park Cent., LLC, New York Supreme Court Judge James held that the jury failed to adequately compensate plaintiff for her injuries. The trial record established that after the accident on August 5, 2007, plaintiff was transported to the emergency room of St. Vincent’s Hospital where she…
Read More Personal Injury Jury Award Too Low, Court Holds$4.7 Million Jury Verdict for “Terrorist”, “Bin Laden” Discrimination Victim
As reported by the Daily News, a Brooklyn federal court jury on Friday awarded Osama Saleh $4.7 million in an employment discrimination lawsuit. Mr. Saleh – who was raised in Yemen and is Muslim – alleged in his complaint, Saleh v. Pretty Girl, Inc. et al., CV-09-1769 (copy below), that defendants discriminated against him based on…
Read More $4.7 Million Jury Verdict for “Terrorist”, “Bin Laden” Discrimination VictimNYC Real Estate Agent’s Sexual Harassment and Battery Claims Survive Dismissal, Notwithstanding Her Alleged “Independent Contractor” Status
In Dominguez v. Caliber Associates II, Inc. et al. (NY Sup. Ct. Index No. 150944/2014), decided May 20, 2014, the Supreme Court (NY County) denied defendants’ motion to dismiss plaintiff’s claims for sexual harassment under the NYC Human Rights Law and battery against Caliber Associates and Caliber’s owner. (The court granted defendants’ motion to dismiss plaintiff’s causes…
Read More NYC Real Estate Agent’s Sexual Harassment and Battery Claims Survive Dismissal, Notwithstanding Her Alleged “Independent Contractor” StatusStroke Victim Adequately Alleges Disability Discrimination and Retaliation Claims Under the Americans With Disabilities Act
In Graham v. Women in Need, Inc., 13-cv-07063 (May 30, 2014), the Southern District of New York denied defendant’s motion to dismiss plaintiff’s claims of disability discrimination and retaliation under the Americans with Disabilities Act. The Facts Here are the facts, as alleged by plaintiff: Plaintiff is a former employee of WIN, a not-for-profit corporation organized…
Read More Stroke Victim Adequately Alleges Disability Discrimination and Retaliation Claims Under the Americans With Disabilities ActTrip-and-Fall Case Continues; Defect Not “Trivial” as a Matter of Law
In Martyniak v Charleston Enters., LLC (decided June 4, 2014), a trip-and-fall action, the Appellate Division, Second Department affirmed the denial of summary judgment for defendant. Plaintiff allegedly sustained personal injuries when she tripped and fell over a piece of metal protruding from the sidewalk in front of a Target store located in Staten Island. The court…
Read More Trip-and-Fall Case Continues; Defect Not “Trivial” as a Matter of LawCourt of Appeals Reinstates $2M Bicycle Injury Verdict, Finding That Closing Road Was a “Proprietary” Governmental Function
In Wittorf v. City of New York, a bicycle injury case, the Court of Appeals reinstated an approximately $2 million jury verdict against the City. The court’s decision turned on the subtle, yet critical, distinction between “proprietary” and “governmental” functions. Judge Graffeo authored the opinion. Here are the facts of this bicycle injury case: On the…
Read More Court of Appeals Reinstates $2M Bicycle Injury Verdict, Finding That Closing Road Was a “Proprietary” Governmental FunctionSlip-and-Fall Case Continues, Where Plaintiff Expressly Testified That She “Slipped in Water”
In Quintana v TCR, Tennis Club of Riverdale, Inc., a slip-and-call case decided June 5, 2014, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment. The court held: Defendant’s sole argument on this appeal is that it is entitled to summary judgment because plaintiff failed or is unable to identify the…
Read More Slip-and-Fall Case Continues, Where Plaintiff Expressly Testified That She “Slipped in Water”