Author: mjpospis

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In Gookool v. Laser, 2014 NY Slip Op 50906(U) [43 Misc 3d 1232(A)], the New York Supreme Court, Suffolk County dismissed plaintiff’s national origin discrimination claims. Plaintiff asserted that the defendant engaged in unlawful employment discrimination by requiring him to perform certain work tasks in addition to his other job responsibilities. Even assuming this was true, he failed to…

Read More National Origin Discrimination Claims Dismissed in Light of Terms of Employment
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In Herrington v. Metro-North Commuter R.R. Co., decided June 17, 2014, the First Department affirmed the Supreme Court’s (Judge Rakower) dismissal of plaintiff’s gender discrimination, sexual orientation discrimination, and retaliation claims under the New York City Human Rights Law. First, the court held that plaintiff failed to state a claim for discrimination based on sexual…

Read More Comments Were Too Remote in Time to Support Sexual Orientation Discrimination Claim Under NYC Human Rights Law
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Bajada v. Spector, 2014 NY Slip Op 05143 (App. Div. 2nd Dept. July 9, 2014): The defendant established his prima facie entitlement to judgment as a matter of law on the issue of liability by demonstrating that the infant’s negligent operation of his bicycle in failing to yield the right-of-way was the sole proximate cause…

Read More Bicyclist’s Failure to Yield Right of Way Results in Summary Judgment for Defendant Driver
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In Kaplan v. NYC Dept. of Health and Mental Hygiene et al., the plaintiff recently filed a Notice of Appeal from a May 16, 2014 decision and order dismissing her sexual harassment and retaliation claims. In this case, plaintiff alleged that she suffered harassment and a hostile work environment after being forced to watch a co-worker masturbate. In dismissing…

Read More Plaintiff Appeals Sexual Harassment Masturbation Case
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In Codrington v. Carco Group (decided June 27, 2014), the Eastern District of New York held that plaintiff stated a plausible pregnancy discrimination claim under Title VII of the Civil Rights Act of 1964. In sum, plaintiff claims that defendant replaced her with a younger non-mother six weeks after she gave birth and while she was on…

Read More Plaintiff Plausibly Alleges Pregnancy Discrimination Where She Was Replaced by Non-Pregnant Employee
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Here is the complaint recently filed in the New York Supreme Court, Bronx County, by Ajanaffy Njewadda and her husband against various defendants, including Showtime Networks and the New York City Transit, the Metropolitan Transit Authority. In sum, she claims that she was caused to fall and sustain injuries after being shocked by a stair-spanning advertisement (stairvertisement?),…

Read More Dexter Trip/Fall Lawsuit
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In Battle v. Carroll, the Western District of New York denied defendants’ motion for summary judgment on plaintiff’s Title VII race discrimination claim. Plaintiff Ola Battle, a black woman, worked for 17 years as a Holiday Inn housekeeper until she was fired following an expletive-laced confrontation with her supervisor, David Carroll, in which she told him…

Read More Supervisor’s “You People” Remark Supports Race Discrimination Claim
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In DeSimone v. City of New York, decided July 3, 2014, the First Department held: Plaintiff’s Labor Law § 241(6) claim was improperly dismissed on the ground that plaintiff was not covered under the statute. Plaintiff testified that he was an onsite project manager, employed by one of multiple general contractors on the subject construction…

Read More Project Manager Covered By Labor Law 241(6) in Construction Accident Case, Even Though He Did Not Perform “Labor-Intense” Work
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In Brownrigg v. New York City Hous. Auth. (decided July 2, 2014) – a construction/elevator-accident case – the Appellate Division, Second Department denied defendants’ CPLR 4404 motion, and upheld the jury’s verdict that defendants were liable under New York Labor Law §§ 200 and 241(6).  In this case, plaintiff and his coworker, both elevator mechanics, were repairing one…

Read More Court Upholds Jury Verdict for Plaintiff in Elevator Accident Case
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