Recently, in Pichardo v. Fernandez, the Supreme Court, New York County denied a motion for summary judgment filed by the New York City Transit Authority (NYCTA) and the driver of a City bus involved in an accident. Plaintiff was a passenger on a NYCTA bus when it was struck from behind by a car driven and…
Read More Bus Passenger’s Personal Injury Case Continues, Where Protruding Bus Was Rear-EndedIn Arzeno v. City of New York, the Bronx Supreme Court discussed the application of the New York City Sidewalk Law – codified as New York City Administrative Code (NYCAC) § 7-210 – which generally shifts liability for sidewalk accidents from the City to abutting property owners. The court dismissed the action against the City, but…
Read More Sidewalk/Hydrant Trip-and-Fall Case Dismissed Against City, Remains Against Abutting Property OwnersIn a recent decision in the wrongful death case of Reid v. Soults et al. (hat tip: Eric Turkewitz), a state trial court denied defendants’ motion to compel plaintiff to comply with their demand for discovery and inspection regarding a YouTube video depicting the decedent, and to compel a third party (the decedent’s brother, who publicly posted the…
Read More Court Determines YouTube Video of Decedent is Not Relevant in Wrongful Death CaseIn Ferraro v. New York City Dept. of Education, the Appellate Division, First Department reversed the dismissal of plaintiff’s allegations of employment discrimination, retaliation, and hostile work environment, observing: “To the extent plaintiff alleges acts that occurred more than one year before he commenced this action (see Education Law § 3813[2-b]), it cannot be said, as…
Read More Discrimination Claims Based on Alleged Pattern of Unlawful Conduct Not Subject to Dismissal on Statute of Limitations GroundsRecently, the Second Circuit held, in Costello v. Flatman, that the district court erred by declining to award a prevailing plaintiff attorney fees under the Americans with Disabilities Act. In this lawsuit (as explained in the district court’s March 28, 2013 opinion), wheelchair-bound plaintiff Mike Costello alleged that while visiting a Brooklyn Subway restaurant, he…
Read More Second Circuit Remands for Reconsideration of Attorney Fee Request in ADA Public Accommodation CaseIn DiLorenzo v S.I.J. Realty Co., LLC, the Appellate Division, Second Department affirmed the dismissal of plaintiff’s slip-and-fall claim. There, plaintiff sued the owner of the property where she fell, as well as the company which contracted to provide cleaning services at the premises. Generally: A plaintiff’s inability to identify the cause of her fall is…
Read More Failure to Identify Cause of Fall Dooms Slip-and-Fall CaseIn Walsh v. NYC Housing Authority, the Southern District of New York granted summary judgment to defendant on plaintiff’s gender discrimination claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law, and dismissed without prejudice her claim under the New York City Human Rights Law. In…
Read More Court Dismisses Female Prospective Bricklayer’s Gender Discrimination SuitIn Sarkis v. Ollie’s Bargain Outlet, the Second Circuit recently affirmed the district court’s dismissal of plaintiff’s claims that he had been subjected to a hostile work environment and retaliation in violation of 42 U.S.C. § 1981, Title VII of the Civil Rights Act of 1964, and the New York State Human Rights Law. Plaintiff sought…
Read More Second Circuit Affirms Dismissal of Plaintiff’s Hostile Work Environment and Retaliation ClaimsIn Suares v. Cityscape Tours, the Southern District of New York dismissed plaintiff’s claims for, among other things, hostile work environment and retaliation, and granted defendants’ motions for summary judgment. Plaintiff worked as a NYC double-decker bus tour guide. Plaintiff alleged that, at a holiday party, a co-worker (Singh) assaulted her. Specifically, she alleged that Singh…
Read More Court Dismisses Hostile Work Environment Claim, Citing “Swift Termination” of Co-Worker Who Sexually Assaulted PlaintiffIn Sacks v. Gandhi Engineering, the Southern District of New York adopted a Report and Recommendation that defendant’s motion for summary judgment for disability discrimination under the Americans with Disabilities Act be denied (but that defendant’s motion as to plaintiff’s age and religious discrimination claims be granted). Plaintiff worked for defendant as a Senior Inspector…
Read More Plaintiff Presented Enough Evidence to Overcome Summary Judgment on His “Perceived Disability” Discrimination Claim