Author: mjpospis

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In Albano v. Stein, a rear-end collision case, a Brooklyn trial court denied summary judgment to defendants on the issues of liability, serious injury, and causation. There, plaintiff Albano’s car was struck from behind by a car owned by Atkins and driven by Stein: Ms. Albano was either backing or had just backed her vehicle…

Read More Brooklyn Car Accident Case Survives Summary Judgment on Liability and “Serious Injury” Threshold
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Governor Cuomo recently signed a bill (A6554) that amends New York’s protective order statute, CPLR § 3103(a), to permit non-parties to object to discovery. According to the bill’s accompanying memorandum: This measure would amend CPLR § 3103(a) to expand the delineated persons who may seek the remedy of a protective order in regard to the use of discovery…

Read More New Bill Authorizes Non-Parties to Object to Discovery
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A trial court recently denied the motions by Bob’s Discount Furniture and Costco Wholesale Corporation to dismiss claims arising from Marion Hedges being struck by a shopping cart dropped from the fourth floor of the East River Plaza shopping complex (pictured). The complaint in Hedges v. East River Plaza LLC is here, my earlier post on…

Read More Marion Hedges’ Lawsuit Arising From Dropped Shopping Cart Survives Summary Judgment
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In Perez v. Progenics Pharmaceuticals, Inc., the Southern District of New York recently denied defendants’ motion for summary judgment on plaintiff’s claim that his termination violated the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1514A (SOX). Plaintiff, a Senior Manager of Pharmaceutical Chemistry at defendant who held a Ph.D and a master’s degree in organic chemistry,…

Read More Chemist’s Lawsuit Alleging Retaliatory Termination Under the Sarbanes-Oxley Act Survives Dismissal
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In Thomas v. Public Storage Inc., 12-cv-8804, 957 F. Supp. 2d 496 (SDNY July 31, 2013), the Southern District of New York held that where an employee received notice of an employer’s arbitration policy at the beginning of her employment and continued to work there, the arbitration clause may be enforced – notwithstanding the employee’s argument…

Read More Arbitration Clause Enforced, Despite Plaintiff’s Argument That She Neither Saw Nor Signed It
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Below is the complaint filed by Ron Chalhon against Leg Avenue, Inc., Leg Avenue’s Creative Director Melody Tsai, and Leg Avenue’s Chief Marketing Officer Amy Tsai. In it he alleges discriminatory termination based on his Jewish religious beliefs and hostile work environment based on his religious beliefs and ethnicity, under Title VII of the Civil Rights Act…

Read More Discrimination Lawsuit Alleges Anti-Jewish Bias Against Leg Avenue and Owners
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Today a state appellate court unanimously affirmed Judge Tingling’s March 11, 2013 decision striking down New York City’s soda ban. The decision holds that “the Board of Health overstepped the boundaries of its lawfully delegated authority when it promulgated the Portion Cap Rule to curtail the consumption of soda drinks” and “therefore violated the state principle…

Read More Appellate Court Upholds Judge Tingling’s Decision Striking Down Soda Ban
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