“Under the so-called ‘storm in progress’ rule, a property owner will not be held responsible for accidents occurring as a result of the accumulation of snow and ice on its premises until an adequate period of time has passed following the cessation of the storm to allow the owner an opportunity to ameliorate the hazards…
Read More New York’s “Storm in Progress” RuleIn employment law, the term “constructive discharge” is used to describe a scenario in which, in sum, an employee is not terminated (i.e. discharged) directly by the employer, but rather that things got so bad that they were, in essence, “forced to quit.” As recently explained by the court in Ingrassia v. Health & Hosp.…
Read More What is a “Constructive Discharge”?“Sexual harassment” is one type of unlawful discrimination based on “sex” under various statutes, including Title VII of the Civil Rights Act of 1964. The term “quid pro quo” is a Latin phrase that means “this for that”. In the context of employment discrimination/sexual harassment law, it has a specific meaning. “Sexual harassment claims are…
Read More What is “Quid Pro Quo” Sexual Harassment?Dog-bite injuries can be serious and in some cases deadly. If it happens to you, can you (successfully) sue under New York law for damages? It depends. Unlike in other types of personal injury cases, a person injured by a domestic animal (e.g., a dog) may not proceed on a theory of negligence. Rather, under…
Read More Who’s a Bad Boy? “Vicious Propensities” and New York Dog Bite LawNannies (live-in and otherwise) are a prominent feature of many wealthy households, particularly those in New York City. The familial nature of the relationship may blur the line between what is proper and improper conduct. For example, the “workplace” is typically not an office, but rather the employer’s home; negotiations may be held at the kitchen…
Read More Nanny Rights: Special Protections for “Domestic Workers” in New YorkAmong the many different ways to get injured (particularly in a place like New York City) is to be hit by a falling object. Such objects can include, for example: construction site equipment, a tree or tree branch, a giant restaurant mirror, an air conditioner, rocks, or a piece of decorative terra-cotta windowsill (as in the…
Read More Injuries Resulting From Falling ObjectsThe combination of large groups of people, alcohol, and other factors may result in a dispute that escalates into violence. This is possible in, among other places, New York bars and clubs. These establishments frequently employ security personnel and/or bouncers to keep the peace. However, what happens when one is injured by one of these…
Read More Bouncer Battery: Patrons’ RightsCellar doors are a ubiquitous aspect of New York City life. As illustrated by a recent tragedy in which a man who apparently fell to his death through a cellar grate at 1281 Bedford Avenue in Brooklyn, they can be dangerous – even deadly. Property owners are required to maintain their property in a reasonably…
Read More Cellar Door InjuriesBy now you may have read the open letter by SoHo bartender Laura Ramadei to customer/hedge funder Brian Lederman, chronicling an unpleasant encounter in which Lederman allegedly groped Ms. Ramadei while she was waiting on him and then left her a paltry tip because she rejected his amorous advances. Here’s the Gothamist article about the incident.…
Read More Sexual Harassment by Non-Employee Customers, Clients, and PatronsThe sudden and tragic suicide of Robin Williams has reinvigorated a national discussion about depression and related conditions. What you may not know is that depression sufferers have legal protections in the workplace, specifically if they are treated unfairly because of their medical condition. Various laws – including the Americans with Disabilities Act of 1990…
Read More Depression as a “Disability” Under the Anti-Discrimination Laws