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In Heiser v. Collorafi et al. (NDNY March 9, 2015), the U.S. District Court for the Northern District of New York held that plaintiff, a former employee of the New York State Division of Homeland Security and Emergency Services, sufficiently alleged hostile work environment sexual harassment under Title VII of the Civil Rights Act of…

Read More Inappropriate Emails and Sexual Comments Plausibly Support Sexual Harassment Hostile Work Environment Claim
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Nazi dentists are terrifying. Drunk dentists may be a close second. New York’s whistleblower statutes – codified at Labor Law §§ 740 and 741 – are notoriously (and, from a plaintiffs’ lawyer’s perspective, frustratingly) narrow. It is, therefore, refreshing to see a plaintiff prevail, if “only” on a motion for summary judgment. This victory – arguably the…

Read More Plaintiff Fired After Complaining About Drunk Dentist Survives Summary Judgment on Labor Law § 741 Whistleblower Claim
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In a complaint filed in New York State Supreme Court, captioned Cynthia Terrana v. Cantor Fitzgerald & Co. et al. (NY Sup. Ct. 3/6/15, No. 152281-2015), plaintiff alleges that she was subjected to discrimination (termination) based on her pregnancy, in violation of the New York State and City Human Rights Laws. In particular, plaintiff alleges (among…

Read More Pregnancy Discrimination Lawsuit Against Cantor Fitzgerald
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In Lashley v. New Life Bus. Inst., Inc., No. 13 CIV. 2683 BMC, 2015 WL 1014128 (E.D.N.Y. Mar. 9, 2015), the Eastern District of New York upheld a jury verdict in favor of Corey Lashley on his quid pro quo and hostile work environment sexual harassment claims. In this case, plaintiff Corey Lashley alleged, among other things,…

Read More Court Upholds Jury’s Verdict that Male Plaintiff Endured Quid Pro Quo Sexual Harassment by Female Boss
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In Miron Properties, LLC v. Eberli (App. Div. March 10, 2015), a breach of contract/brokerage commission case, the Appellate Division, First Department affirmed summary judgment for defendant dismissing the complaint. In ruling for defendant, the court (tersely) stated: Defendants demonstrated that plaintiff was not entitled to a brokerage commission with respect to defendant limited liability…

Read More No Brokerage Commission Due Where Plaintiff Did Nothing to Procure Sale
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In Lake v. Holzer (Sup. NY Feb. 9, 2015), a personal injury car accident pedestrian knockdown case, the court held that the “emergency doctrine” was inapplicable and granted plaintiff’s cross-motion for summary judgment. Here are the facts: [P]laintiff Collin Lake, a pedestrian, was standing on the raised median island which separates the north and southbound lanes…

Read More Median Jump to Avoid Fender-Bender Unreasonable; Emergency Doctrine Inapplicable; Pedestrian Awarded Summary Judgment on Liability in Car Accident Case
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In Doyle v. City of New York (SDNY 14-02831, March 4, 2015), the Southern District of New York held, in a case of first impression, that persons who perform court-ordered community service as a condition of an Adjournment in Contemplation of Dismissal (ACD) are not “employees” within the meaning of the federal Fair Labor Standards…

Read More Persons Who Perform Community Service as Condition of ACD Are Not “Employees” Under the FLSA
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In Overbeck v. Alpha Animal Health, P.C. (App. Div. 2nd Dept. Jan. 28, 2015), the Appellate Division, Second Department reversed the lower court’s order granting summary judgment to defendants on plaintiff’s sex discrimination and retaliation claims under the New York State and City Human Rights Laws. This decision illustrates that even “voluntary” sexual conduct –…

Read More Evidence of Intimidation Into Sexual Relationship Overcomes Summary Judgment for Defendants on Sex Discrimination and Retaliation Claims
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In Figueroa v. RSquared NY Inc. (EDNY March 3, 2015), the Eastern District of New York held that plaintiff stated a claim for “quid pro quo” sexual harassment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In sum, plaintiff alleged that while on a leave of absence…

Read More Conditioning Return to Work on “Hooking Up” With “De Facto Supervisor” is Plausible Quid Pro Quo Sexual Harassment Theory, Court Holds
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