Author: mjpospis

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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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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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In De Los Santos v. Long Island Railroad, plaintiff sought damages for personal injuries he sustained after he became drunk and attempted to commit suicide by laying down on the tracks in the path of a Long Island Railroad commuter train. In perhaps one of the clearest cases of judicial understatement, the court observed that “[t]ragic…

Read More Court Dismisses Lawsuit Arising From Drunken Man’s Attempted Suicide by Train
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