Author: mjpospis

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New York Labor Law § 240(1) is a very important statute, as it provides significant protections to workers who are exposed to gravity-related risks without being provided with adequate safety devices. However, in order for its considerable protections to kick in, it must be determined, in the first instance, whether it applies. Labor Law § 240(1) provides, in pertinent…

Read More Replacement of Windows Was “Repair”, Rather Than “Routine Maintenance”, Entitling Plaintiff Worker to Summary Judgment in Labor Law 240(1) Construction Accident Case
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In Schwartz v. Marcantonatos et al. (Summary Order decided May 20, 2014), the Second Circuit affirmed the denial of summary judgment to defendants on the ground of qualified immunity. This false arrest case arises out of the NYPD’s botched attempt to arrest the plaintiff as part of its “lucky bag” program. Ironically, the arresting (plainclothes) officer’s own illegal…

Read More “Lucky Bag” Operation Backfires; False Arrest Lawsuit Continues
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Below is the complaint filed on June 11, 2014 by the Equal Employment Opportunity Commission against United Health Programs of America, Inc. and Cost Containment Group, Inc. The suit alleges, among other things, that defendants forced employees to engage in practices pursuant to a belief system called “Harnessing Happiness” (commonly known as “Onionhead”), including praying, reading…

Read More “Onionhead” Religious Discrimination Lawsuit
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In Laguerre v. Kessler, a premises liability/trip-and-fall case, the Appellate Division, Second Department affirmed the denial of defendant’s motion for summary judgment. Initially, the court held that the “defendant established his prima facie entitlement to judgment as a matter of law by submitting proof that there was no defect in the subject carpeting, and that the carpeting…

Read More Stair Trip/Fall Case Continues
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It’s a fairly typical personal injury scenario: a customer, while on defendant’s premises, slips and falls on (for example) a slippery substance, sustains injury, and sues to recover damages. What may seem like a straightforward situation is anything but. This is illustrated by the recent case of Dequinzio v. Gristedes Food, Inc., decided by New…

Read More Court Dismisses Supermarket Slip-and-Fall Case, Where Defendants Did Not Have a Reasonable Opportunity to Clean Up Injury-Causing Spill
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In Burhans v. Lopez, decided June 10, 2014, the Southern District of New York denied defendant Sheldon Silver’s motion to dismiss plaintiffs’ amended federal court complaint for failure to state a claim. This lawsuit arises out of sexual harassment committed by former New York State Assemblyman Vito Lopez against plaintiffs, who served as his legislative aides. As…

Read More Sexual Harassment Lawsuit Continues Against Sheldon Silver
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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 Mailbox
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