Author: mjpospis

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A Nassau County trial court recently held, in DeMay v. Wheatley Hills Golf Club, Inc., that plaintiff presented enough evidence to proceed on her gender discrimination, hostile work environment, retaliation, and aiding and abetting claims under the New York State Human Rights Law, NY Executive Law § 296(1)(a). Plaintiff Toni DeMay, the former General Manager of…

Read More Court Finds in Favor of Female Manager Against Country Club on Gender Discrimination and Retaliation Claims
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News recently broke about a man, William Iglesias, who was arrested for secretly recording female employees in the bathroom of photography studio Foto Y Video Alexander in Brentwood. You can read about the story here and here. I previously wrote about a case, Hughes v. Pacienza, involving similar conduct. There, the court granted plaintiff Hughes…

Read More Toilet-Spy Boss: Deja Vu?
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‘Tis the season for company holiday parties, where the awkward mingling with co-workers and the free flow of alcohol can combine to create uncomfortable and humiliating social situations and, in some cases, possible legal liability for discrimination and harassment. Despite various warnings about maintaining professionalism, it seems that every year there are people who embarrass themselves…

Read More Company Holiday Parties, Professionalism, and Discrimination/Sexual Harassment
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In Carbonnier v. Board of Education of the City of New York, a student who was injured after being pushed by another student while playing on the monkey bars in a school playground. The Appellate Division yesterday directed the entry of judgment in favor of defendant. According to the court, defendant demonstrated its entitlement to summary…

Read More Monkey Bar Injury Case Dismissed
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In McGough v. Cryan, Inc. (decided Nov. 27, 2013), the Appellate Division, Second Department held that the trial court properly denied defendant’s, and should have denied plaintiff’s, respective motions for summary judgment. The court described the injury and the alleged condition causing it: The tip of the plaintiff’s right ring finger was severed when he sat…

Read More Neither Party Entitled to Summary Judgment in Bar Stool Severed Fingertip Case
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The U.S. Equal Employment Opportunity Commission (EEOC) recently announced a $350,000 settlement in the case captioned EEOC v. La Rana Hawaii, LLC d/b/a Señor Frog’s & Altres, Inc., Case No. CV-11-00799 LEK BMK, which it filed in the U.S. District Court for the District of Hawaii. From the EEOC press release: The [EEOC alleged] that at least…

Read More $350,000 Settlement in Senor Frog Sexual Harassment Case
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In Orsos v. Hudson Tr. Corp., the Appellate Division, First Department recently affirmed the dismissal of plaintiff’s complaint seeking damages for personal injuries she sustained in a bus accident.  It held: Defendants established their entitlement to judgment as a matter of law by demonstrating the applicability of the emergency doctrine in this action where plaintiff…

Read More Application of “Emergency Doctrine” Results in Dismissal of Bus Accident Case
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In Devito v. Feliciano, decided November 26, 2013, the New York Court of Appeals held that the trial court erroneously failed to give a “missing witness” charge in a car accident case. The court held: [W]hen a missing witness charge is requested in a civil case, the uncalled witness’s testimony may properly be considered cumulative…

Read More Failure to Give “Missing Witness” Charge Results in New Trial Following Defense Verdict in Car Accident Case
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A recent case, Cogle v. Bergstein (Supreme Court, New York County, decided Nov. 18, 2013) illustrates the pitfalls that exist when pleading defamation and discrimination claims in New York State courts. Plaintiff, a nurse, worked for the New York City Health and Hospital Corporation (HHC) at Bellevue Hospital.  She alleged that she was suspended based on defamatory…

Read More Court Dismisses Plaintiff’s Defamation and Failure-to-Accommodate Disability Discrimination Claims
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In Meadors v. Ulster County, the Northern District of New York held in favor of plaintiffs, county corrections officers, on various employment discrimination claims. Here we summarize the court’s holdings on plaintiffs’ sexual harassment, disparate treatment, retaliation, and pregnancy discrimination claims. Hostile Work Environment The court held that plaintiffs presented “barely” just enough evidence to survive…

Read More Court Rules in Favor of Corrections Employees on Sexual Harassment, Sex Discrimination, Retaliation, and Pregnancy Discrimination Claims
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