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In Strong v. City of New York, the Appellate Division, First Department recently held that sanctions were appropriate in light of the NYPD’s deletion of audio recordings preceding a car accident allegedly initiated by an NYPD driver. Plaintiff and others were injured when an NYPD vehicle “collided with a vehicle operated by defendant Geraldo Falcon,…

Read More Deletion of Radio Transmissions Results in Sanctions in NYPD Car Accident Case
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On October 21, 2013, Governor Cuomo signed legislation designed to end exploitation of child models. The expressed purpose of the Bill, S5486-2013, is: To provide for and incorporate the protections covered under Article 4-A of the Labor Law and Article 35 of the Arts and Cultural Affairs Law which governs the conditions of employment and the education…

Read More New Law Extends Legal Protections to Child Models
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Does “cleaning” include removing leaves from a gutter?  According to a recent decision, it does not – at least not within the meaning of New York Labor Law § 240(1).  In that case (Hull v. Fieldpoint Community Ass’n, decided Oct. 23, 2013), the Appellate Division, Second Department, affirmed the dismissal of plaintiff’s complaint seeking recovery under Labor Law…

Read More No Labor Law § 240(1) Relief For Plaintiff Injured While Cleaning Out Leaves From Roof Gutters
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Recently, in Ciaravino v. City of New York (a trip-and-fall case), the Appellate Division, First Department reversed summary judgment for defendant and granted plaintiff’s motion for summary judgment. Plaintiff alleged that she was injured when she tripped and fell after she stepped into a depression in the street near a subway exit in Union Square Park.…

Read More Trip/Fall Suit Continues, Despite Incorrect Identification in Notice of Claim of Location of Accident
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Here is the age and gender discrimination lawsuit, captioned Reingold v. Cushman & Wakefield, Inc. (NY Sup Ct. index # 653626/2013) filed by Managing Director Suzy Reingold, 66, against real estate titan Cushman & Wakefield. The suit alleges, in sum, that notwithstanding plaintiff’s “stellar performance and extensive experience,” defendant discriminated against her on the basis of her…

Read More Suzy Reingold’s $20 Million Age and Gender Discrimination Lawsuit Against Cushman & Wakefield
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In Ramkumar v. Grand Style Transportation Enterprises, Inc., the New York Court of Appeals recently reversed a summary judgment for defendant in plaintiff’s lawsuit seeking recovery for injuries sustained in a car accident. This case addresses the sufficiency of evidence for a plaintiff to claim that s/he suffered a “serious injury” despite their discontinuance of…

Read More Fact Issue Arising From Explanation for Gap in Treatment Precludes Summary Judgment as to “Serious Injury” in Car Accident Case
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In a recent case, SJS Distribution Systems v. Sam’s Club (decided October 11, 2013), the Eastern District of New York discussed and applied the doctrine of “spoliation” as it relates to discovery in civil litigation. There, plaintiff argued that it “discovered a discrepancy between the packaging of the diapers that it ordered and some of…

Read More Court Imposes Sanctions For Evidence Spoliation in Diaper Case
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In Singh v. Bay Crane Services, 11-cv-720 (EDNY Oct. 11, 2013), the Eastern District of New York recently denied defendant’s motion for summary judgment and allowed plaintiff, a Guyanese man of Indian descent, to proceed with his claim that he was not hired for discriminatory reasons – namely, his race and national origin. Since the court…

Read More Crane Operator’s Race and National Origin Discrimination Claims Allowed to Continue
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A recent appellate decision, Arto v. Cairo Construction (decided Sept. 18, 2013), illustrates the need for clear jury instructions in construction accident cases brought under New York Labor Law § 240(1). There, the Appellate Division, Second Department granted plaintiff a new trial on his Labor Law § 240(1) claim following a jury verdict for defendants. Defendants were…

Read More Ambiguous Jury Instruction Requires New Trial in Injured Roofer’s Labor Law § 240(1) Case
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Here is plaintiff Ivana Hidalgo’s disability discrimination complaint, captioned Hidalgo v. B&B Hospitality Group LLC (SDNY 13-cv-6402 filed 9/12/13) against B&B Hospitality Group LLC and others. Plaintiff claims that defendants violated the Americans with Disabilities Act and the New York State Human Rights Law by failing to reasonably accommodate her disability – an inequality in the lengths of her…

Read More Disability Discrimination Suit by Uneven-Legged Plaintiff Against Mario Batali-Owned Company
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