In Gayle v. Harry’s Nurses Registry, Inc., 594 F.App’x 714 (2d Cir. 2014) (Summary Order), the court held that the plaintiffs were indeed employees, and not independent contractors. The decision is instructive as to the factors bearing on that analysis. Plaintiffs, a class of nurses, sued to recover unpaid overtime under the Fair Labor Standards…
Read More Nurses Were Employees, Not Independent Contractors, Court HoldsIn Ciliotta v. Ranieri, a dog bite case, the Supreme Court, Kings County, dismissed plaintiff’s case, finding that there was insufficient evidence that the dog had “vicious propensities” as required by New York law. It all started with a friendly discussion between neighbors. Involving thrown dog poo and choking: On April 14, 2011, Defendant Nicole…
Read More Brooklyn Dog Bite Case Dismissed Where Protective Dog Was Not Shown to Have “Vicious Propensities”In Diggs v. Oscar De La Renta, LLC (decided Dec. 9, 2014), a race discrimination case, the Supreme Court, Queens County denied defendants’ motion for summary judgment on plaintiff’s discrimination claim under the NYC Human Rights Law and her retaliation claims under the NYC and NYS Human Rights Laws. According to plaintiff, twice on second…
Read More Co-Worker’s “N-Word” Use Supports Discrimination ClaimDecember 25, 2014 By Mail S. Claus Chief Executive Officer Claus Manufacturing, Inc. 25 Holiday Lane North Pole, AK 01225 Re: Deere v. Claus Mfg. Confidential and For Settlement Purposes Only Dear Mr. Claus: This law firm has been retained to represent Mr. Rudolph Deere (“Mr. Deere” or “our client”), a current employee of Claus…
Read More Deere v. Claus ManufacturingAs illustrated by a 1930 First Department products liability case, there are, apparently, worse things than shooting your eye out with a toy gun. Setting yourself on fire, for example. From Crist v. Art Metal Works, 230 A.D. 114, 116, 243 N.Y.S. 496, 497 (App. Div. 1930) aff’d, 255 N.Y. 624, 175 N.E. 341 (1931): Defendant…
Read More Toy Gun DangerIn Stanziale v. City of New York, the Appellate Division, Second Department held that a pedestrian walkway on which plaintiff allegedly slipped and fell was not part of the “sidewalk” for purposes of the statute shifting liability to private property owners. In this case, the plaintiff slipped on fell on snow and ice on a pedestrian ramp abutting…
Read More Pedestrian Ramp Was Not Part of the “Sidewalk”; Ice Slip/Fall Case DismissedIn Denis v. Home Depot, U.S.A., the Eastern District of New York recently permitted plaintiff to amend his complaint to add a claim for punitive damages. Plaintiff alleged that he sustained personal injuries resulting from a false arrest at a Nanuet, NY Home Depot store for attempted shoplifting. Here are the pertinent facts, as summarized…
Read More Plaintiff May Amend Complaint to Add Claim for Punitive Damages in False Arrest Lawsuit Against Home DepotIn Arashkovitch v. City of New York (2nd Dept. 12/17/14), a snow/ice slip-and-fall case, the court affirmed the denial of defendants’ motion for summary judgment. Here is the law: Homeowners of single-family homes that are owner-occupied, such as the appellants, are exempt from liability imposed pursuant to section 7-210(b) of the Administrative Code of the City of New…
Read More Creating or Exacerbating Icy Condition May Give Rise to Liability in Personal Injury CaseIn EEOC v. Vamco Sheet Metals Inc, the Southern District of New York held that plaintiff – a proposed intervenor in a lawsuit brought by the Equal Employment Opportunity Commission (EEOC) – may state a claim for discrimination under Title VII where she was allegedly harassed for breastfeeding her baby. From the decision: Title VII…
Read More Discrimination Related to Breastfeeding May Violate Title VIIIn Bright v. Coca Cola, 12-cv-234 (EDNY Nov. 3, 2014), an employment discrimination case, the Eastern District of New York granted summary judgment in defendant’s favor. Judge Cogan’s decision is instructive regarding the use of depositions in employment litigation. For non-lawyers/litigators, a “deposition” is (briefly and generally speaking) a witness’s out-of-court testimony that is reduced to…
Read More “Have You Identified All Facts Supporting Your Claims?”