Blog

by

In Lation v. Fetner Properties, Inc., 2017 WL 6550691 (S.D.N.Y., 2017), the court addressed claims by a Manhattan building concierge (plaintiff Lation) arising from harassment by a resident of, and an owner of one unit in, the condominium where plaintiff worked (defendant Thomas Chiu). The court compelled arbitration against Defendants 1212 Fifth Avenue Condominium and Fetner…

Read More Concierge Sufficiently Alleges Intentional Infliction of Emotional Distress, But Not Employment Discrimination, Claims Against Building Resident
Share This:
by

In DeMarzo v. Urban Dove, Inc., 2017 NY Slip Op 32612(U) (NY Sup. Ct. Kings Cty., 500466/13, Nov. 21, 2017), the court denied defendants’ motion to dismiss plaintiff’s disability discrimination and retaliation claims under the NYS and NYC Human Rights Laws on the ground that plaintiff failed to file a Notice of Claim. The governing statute, Education…

Read More State, City Human Rights Law Claims Are Not “Torts” Under Notice of Claim Statute, Court Holds
Share This:
by

Pospis Law has been retained to represent, and obtain compensation for, a client involved in a terrible moving vehicle accident. Our client – a beloved grandmother (affectionately known as “Grandma”) – was, while lawfully walking home from a holiday party on Christmas Eve, struck by a vehicle being operated in a negligent manner. In addition…

Read More Grandma v. Claus Manufacturing, et al
Share This:
by

In Ryan v. New York City Health & Hosps. Corp., 2017 NY Slip Op 32627(U) (Sup. Ct. NY Cty. Index 152457 /17 Dec. 15, 2017), the court, inter alia, dismissed plaintiff’s New York Labor Law 740 whistleblower claim. This action arose from an incident in which plaintiff was “attacked and forcibly pushed” by another employee, resulting in…

Read More Whistleblower Claim Dismissed; Workplace Violence Was Not a “Public Hazard”
Share This:
by

In Khater v. API Industries d/b/a Aluf Plastics, Inc., 2017 WL 6515531 (S.D.N.Y. Dec. 19, 2017), the court dismissed plaintiff’s hostile work environment claim because plaintiff failed to “exhaust administrative remedies” at the U.S. Equal Employment Opportunity Commission with respect to that claim. This decision illustrates the pitfalls present when pursuing federal employment discrimination claims,…

Read More Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at the EEOC
Share This:
by

In Breitstein v. Michael C. Fina Co., 2017 NY Slip Op 08883 (App. Div. 1st Dept. Dec. 21, 2017), the court affirmed the dismissal of plaintiff’s religious discrimination, age discrimination, and retaliation causes of action under the New York State and City Human Rights Laws. This decision teaches/confirms that, in a discrimination case, the question is not…

Read More Religious/Age Discrimination & Retaliation Claims Properly Dismissed Against Michael C. Fina
Share This:
by

In MacCluskey v. University of Connecticut Health Center, 2017 WL 6463200 (2d Cir. Dec. 19, 2017) (Summary Order), the Second Circuit affirmed the lower court’s judgment following a jury verdict in favor of plaintiff on her sexual harassment (hostile work environment) claim under Title VII of the Civil Rights Act of 1964. The court framed…

Read More Sexual Harassment Jury Verdict Upheld; Co-Worker’s Sexual Harassment Imputable to Employer
Share This:
by

Below is the December 5, 2017 letter from U.S. Supreme Court Chief Justice John Roberts to Second Circuit Judge Robert A. Katzmann reflecting the delegation of power to investigate claims of sexual harassment/judicial misconduct against Ninth Circuit Judge Alex Kozinski. The enclosed Order (No. 17-90118), issued by the Judicial Council of the Ninth Circuit, notes…

Read More SCOTUS Taps 2d Circuit to Address Kozinski Sexual Harassment Allegations
Share This:
by

In Nusbaum v. E-Lo Sportswear LLC, 2017 WL 5991787 (S.D.N.Y. Dec. 1, 2017), teh court held that the plaintiff and defendant entered into a legally enforceable employment contract for, inter alia, nine months’ severance pay if plaintiff was terminated. In reaching this conclusion, the court applied the so-called “Winston factors”, based on Winston v. Midiafare…

Read More Court Finds Severance Agreement Existed; Holds Defendant Liable for Breach of Contract
Share This: