In Naheem v. Y. Ron Taxi, a three-car accident case, the court awarded summary judgment to the driver and owner of the lead car, which was struck from behind. To simplify the facts, the accident allegedly proceeded as follows, with Car 1 striking Car 2 and propelling it into Car 3: CAR 1 (Rasheed) —–>…
Read More Court Awards Summary Judgment to Rear-Ended Car in Three-Car AccidentHere is the complaint in Terry v. Red Bull North America, Inc., which was filed in New York State Court in Brooklyn on October 24, 2013. The lawsuit seeks damages arising from the death of Cory Terry, which was allegedly caused by his ingestion of Red Bull. According to the complaint: On or about the evening of…
Read More Red Bull Wrongful Death LawsuitIn De Los Santos v. Long Island Railroad, plaintiff sought damages for personal injuries he sustained after he became drunk and attempted to commit suicide by laying down on the tracks in the path of a Long Island Railroad commuter train. In perhaps one of the clearest cases of judicial understatement, the court observed that “[t]ragic…
Read More Court Dismisses Lawsuit Arising From Drunken Man’s Attempted Suicide by TrainGenerally, with the exception of New York City’s Earned Sick Time Act, New York law does not require payment for time not actually worked (such as holidays, sick time, and vacations) unless the employer has established a policy or agreed to make such payments. Is There an Agreement? As explained by the court in Litras v PVM…
Read More The Law of Vacation Pay in New YorkIn Boutros v. JTC Painting, the Southern District of New York denied defendants’ motion to dismiss plaintiffs’ complaint seeking unpaid overtime under the Fair Labor Standards Act and the New York Labor Law. Plaintiffs are painters who worked for defendant JTC, a painting contractor owned by co-defendant Caruso. They allege that JTC failed to pay…
Read More Overtime Complaint Was Not Moot in Light of Open-Ended Allegation of Hours WorkedIn Rampersaud v. Parmanand, a Queens trial court issued a decision explaining the circumstances under which summary judgment is appropriate in a rear-end collision case. Plaintiff Rampersaud was a passenger in a car driven by Parmanand when it was struck in the rear by a car driven by Cunningham. Defendant driver Parmanand (and co-defendant owner…
Read More Sudden Stop of Lead Vehicle Creates Issues of Fact in Rear-End Car Accident CaseIn a recent discovery order in Chen-Oster v. Goldman, Sachs & Co. – a putative class action in which plaintiffs allege that the Goldman Sachs defendants “engaged in a pattern of gender discrimination against female professional employees in violation of Title VII of the Civil Rights Act of 1964” and the NYC Human Rights Law – Southern District Magistrate…
Read More Court Cites and Applies Broad Discovery Rules in Pattern/Practice Gender Discrimination Case Against Goldman SachsBelow and here is the sexual harassment lawsuit filed by Sherina Thomas against EONY and EONY’s owner David Shavolian in the Supreme Court of New York (Index No. 158961/2013). Plaintiff alleges, among other things, that defendant Shavolian forced plaintiff to show him her breasts and proceeded to “fondl[e]” and “jiggl[e]” them; asked her whether she “shave[s]…
Read More Sexual Harassment Complaint Alleges Supervisor Made Sexually Explicit Remarks and Forced Plaintiff to Watch Him UrinateLaw firm Clifford Chance has apparently distributed a memo to female attorneys outlining presentation tips that many are blasting as a sexist throwback to the 1950’s. It suggests, for example, that female attorneys should: Avoid using “Um”, “Uh”, “You Know”, and “Like”; Not show cleavage; Ensure that “[i]f wearing a skirt, make sure audience can’t see…
Read More Prestigious Law Firm Sends Condescending and Sexist Memo to Female AttorneysIn Mulham v. City of New York, the Appellate Division, Second Department, reversed an order dismissing an NYPD Officer’s injury claim under General Municipal Law § 205-e that was predicated on a violation of New York City Health Code (24 RCNY) § 153.19. The facts: The plaintiff, a sergeant in the New York City Police Department,…
Read More Injured NYPD Officer May Continue Suit Based on Violation of Littering Law