Sneider v. AB Green Gansevoort, decided by the Supreme Court, New York County on January 7, 2015, addresses the pleading requirements for a claim of civil battery, as well as the effect of a criminal conviction on subsequent litigation arising out of the same facts. The facts: On February 23, 2013, the plaintiff, a patron…
Read More Standard Hotel Biergarten Brawl Lawsuit ContinuesIn DiGiacomo v. Town of Babylon (App. Div. 2nd Dept. Jan. 28, 2015), the Appellate Division, Second Department affirmed the denial of defendant’s motion for summary judgment. Here are the facts of this personal injury case, the six-year old plaintiff was injured when she fell from a “monkey bar”. According to her testimony: [P]rior to her accident,…
Read More “Monkey Bar” Playground Injury Case ContinuesIn Steele v. Santana (App Div. 1st Dept. 2/19/15), a personal injury injury car accident case, the Appellate Division, First Department reversed the lower court’s determination that plaintiff did not suffer a “serious injury” within the meaning of section 5102(d) of the New York Insurance Law. In this case, plaintiff alleges that she suffered injuries to…
Read More Evidence of Tendon and Rotator Cuff Tears Present Triable Issue of Fact Relating to “Serious Injury” in Car Accident CaseThe 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’ RightsCase law establishes that drivers have a duty “to see that which, through the proper use of senses, should have been seen”. In Sarac-Marshall v. Mikalopas (App. Div. 1st Dept. Feb. 26, 2015), a personal injury bicycle accident case, the court applied this principle and unanimously affirmed the plaintiff-bicyclist’s motion for summary judgment on the issue of…
Read More Bicyclist Hit By Car Entitled to Summary Judgment on LiabilityThe Southern District of New York recently held, in Khan v. Hilton Worldwide, Inc., No. 14 CIV. 1011 ALC, 2015 WL 738108 (S.D.N.Y. Feb. 20, 2015), that a failure to rehire an employee qualifies as an “adverse employment action” and that plaintiff’s retaliation claims under Title VII and the NYC Human Rights Law survived defendants’…
Read More Court: “Failure to Rehire” is an “Adverse Employment Action”No one likes/wants to be sued. Process servers – people hired by attorneys to deliver litigation papers to a named defendant – are, therefore, not exactly “welcome” when they attempt to serve papers on a defendant. A recent case, Galtieri v. Uptown Communications & Electric, Inc. and Jonathan Smokler, Sup. Ct. Qns. Cty. 19589/2012, illustrates…
Read More Process Server’s Assault/Battery and False Imprisonment Claims ContinueIn a lawsuit captioned Laknidhi v. AbilTo, Inc. and Michael Laskoff, NY Sup. Ct. Index No. 151506/2015 (filed 2/13/15), plaintiff alleges that defendants AbilTo and Laskoff (AbilTo’s CEO) subjected her to “harassment and discrimination … because of her pregnancy (and associated need for pregnancy leave and post-pregnancy accommodations) … which culminated in” her unlawful termination.…
Read More Pregnancy Discrimination Lawsuit Against AbilTo Inc. and Michael LaskoffThe U.S. Equal Employment Opportunity Commission (EEOC) and Seapod Pawnbrokers have entered into a consent decree resolving a lawsuit, EEOC v. Seapod Pawnbrokers, Inc. et al., EDNY 14-cv-4567. (Here is the EEOC press release.) In its October 2014 amended complaint, the EEOC alleges that defendants violated Title VII of the Civil Rights Act of 1964 by subjecting female employees to…
Read More $300K Consent Decree in EEOC’s Sexual Harassment Lawsuit Against Seapod PawnbrokersIn a February 19, 2015 New York State Court lawsuit, captioned Charles Schwarz v. Consolidated Edison, Inc. et al., plaintiff asserts that he was unlawfully terminated because of his decade-old conviction for perjury in connection with the notorious Abner Louima police brutality case. Plaintiff alleges, among other things, that defendants terminated him from his position as…
Read More “Conviction Discrimination” Lawsuit Filed by Abner Louima Defendant Charles Schwarz Against Con Ed