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Condominium or co-op?  This distinction, familiar to purchasers of New York City real estate, was recently the basis for a notable decision in New York Labor Law jurisprudence. This week the New York Court of Appeals clarified the meaning of the term “owner” in Labor Law § 241(6).  In Guryev v. Tomchinsky, it held that…

Read More Condominium & Related Entities Were Not Labor Law § 241(6) “Owners”

Seems like a straightforward question, right?  It’s the boss, the head honcho, the big cheese, the person who tells you what to do and (in some cases) is the subject of social media ranting.  However, the question is not so clear under federal anti-discrimination law, as illustrated by a case before the U.S. Supreme Court.…

Read More Who Is A “Supervisor”?

In E.E.O.C. v. KarenKim, Inc., 116 Fair Empl Prac Cas (BNA) 385 (2d Cir. Oct. 19, 2012), No. 11-3309, the Second Circuit addressed when injunctive relief is proper to prevent further harassment.  Title VII itself provides for injunctive relief where a “court finds that the respondent has intentionally engaged in or is intentionally engaging in…

Read More Second Circuit: Injunctive Relief Should Have Been Granted In Harassment Case

In honor of Halloween, I present to you Stambovsky v. Ackley, 169 A.D.2d 254 (App. Div. 1st Dept. 1991), the so-called “haunted house case”. There, the court – “moved by the spirit of equity” (that’s a quote) – allowed the buyer of an allegedly haunted house to seek rescission of the contract and recover his down payment.…

Read More Court: Ghosts Are Real! (Sort Of)

Last week the Second Circuit, in Payne v. Jones, held that a jury’s $300,000 punitive damages award to a police beating victim was excessive.  It thus remanded for a new trial on punitive damages, unless plaintiff agreed to remit $200,000 and accept a punitive damages award totaling $100,000. After plaintiff was brought to the hospital,…

Read More A $200,000 Kick To The Groin

On September 30, 2012, in Dinler v. City of New York, the Southern District of New York issued an opinion that largely favors the protesters who filed suit for alleged police abuses during the 2004 Republican National Convention. Significantly, the Court rejected the Defendants’ theory of “group probable cause”, and affirmed the requirement of individualized…

Read More Court Issues Major Victory to Protesters in RNC Litigation

In Roberta Campbell v. Mark Hotel Sponsor, 09-cv-9644 – a breach of contract case – Judge Pauley slashed the legal fees and costs sought by attorney-for-the-winner Kramer Levin Naftalis & Frankel LLP from more than $3 million to a “mere” $475,000.  The relatively short opinion reinforces the need for counsel to exercise “billing judgment” and…

Read More SDNY Judge Awards Fraction of Fees Sought by Kramer Levin