Author: mjpospis

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In Grant v. County of Erie (Summary Order), the Second Circuit vacated the dismissal, under Federal Rule of Civil Procedure 12(b)(6), of plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). Ordinarily, when reviewing the facial sufficiency of a federal court complaint to determine whether it states a claim, a trial court must accept…

Read More Plaintiff Sufficiently Alleged Disability Discrimination; Allegations Regarding Qualification to Perform Job Were Not Contradictory
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On Friday, the Second Circuit held in Colquitt v. Xerox Corp. (Summary Order) that plaintiff’s employment discrimination claims that were not raised – or “administratively exhausted” – in the U.S. Equal Employment Opportunity Commission (EEOC) were properly dismissed from plaintiff’s lawsuit. In Colquitt, plaintiff alleged that she was subjected to (1) a race-based denial of phone privileges and…

Read More Second Circuit Affirms Dismissal of Employment Discrimination Claims Not Raised in the EEOC
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In Mutadir v. 80-90 Maiden Lane Del LLC, a construction accident case, the Appellate Division, First Department modified a lower court order and reinstated plaintiff’s Labor Law § 240(1) claim, but affirmed the dismissal of plaintiff’s Labor Law § 241(6), common-law negligence, and Labor Law § 200 claims. The accident: Plaintiff, a carpenter employed by…

Read More Carpenter Injured After Falling From Milk Crates May Continue Claims Under Labor Law § 240(1); Labor Law §§ 200 and 241(6) Claims Dismissed
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In Angeles v. American United Transp., Inc., a car accident case, the Appellate Division, First Department, affirmed the trial court’s (Supreme Court, Bronx County) denial of defendants’ motion for summary judgment on the “serious injury” threshold issue. The “serious injury” threshold frequently arises in automobile accident cases. Section 5104(a) of the New York Insurance Law…

Read More “Serious Injury” Found Based on Cervical and Lumbar Spine injuries
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On October 28, 2013, the Southern District of New York issued its opinion in Guzman v. NY Post, holding that plaintiff Sandra Guzman presented sufficient evidence to proceed on her hostile work environment, discriminatory termination, and retaliation claims. The decision was (I am sure happily) covered by the Daily News here. Plaintiff is a black, Hispanic, Puerto Rican…

Read More Hostile Work Environment, Sexual Harassment, and Race/National Origin Claims Continue Against New York Post and Col Allan
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In Hassan v. Barnes & Noble and Starbucks, plaintiffs sought to recover damages for personal injuries suffered from spilling hot tea in a Barnes & Noble. They alleged that Barnes & Noble was negligent by serving tea in a cup with an unsecured lid, and in allowing the use of an “uneven” and “wobbly” table…

Read More Personal Injury Case Arising From Hot Tea and Wobbly Table Dismissed Against Starbucks; Continues Against Barnes & Noble
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I came across this and thought it was interesting, if only because it is believed to be the only time a U.S. Supreme Court Justice said “Happy Halloween” from the bench. During oral argument on October 31, 2005 in the case of Central Virginia Community College v. Katz, 126 S. Ct. 990 (2006), the following exchange took…

Read More Judge Scalia: Halloween Fan
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In Colon v. Fashion Institute of Technology, the Southern District of New York ruled on employment discrimination and retaliation claims brought by two plaintiffs, both Hispanic women, against FIT.  It considered claims brought by Genette Colon, a student aide, and Elvimar Rivas, a secretary, under various laws, including the Family and Medical Leave Act (FMLA),…

Read More Court Rules on Discrimination and Retaliation Claims Against Fashion Institute of Technology
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In Brumberg v. Cipriani USA, the Appellate Division, Third Department reversed a summary judgment for defendants.  In this personal injury case, plaintiff (a Cornell University professor) sued after allegedly consuming a 1.5 inch shard of wood at a Cornell University fundraiser catered by Cipriani. Initially, the court found that plaintiff presented sufficient evidence that she consumed…

Read More Cornell University Professor’s Personal Injury Case Arising From Consumption of Wood Shard Continues
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In Naheem v. Y. Ron Taxi, a three-car accident case, the court awarded summary judgment to the driver and owner of the lead car, which was struck from behind. To simplify the facts, the accident allegedly proceeded as follows, with Car 1 striking Car 2 and propelling it into Car 3: CAR 1 (Rasheed) —–>…

Read More Court Awards Summary Judgment to Rear-Ended Car in Three-Car Accident
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