In 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 LawIn 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 CaseOn 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 ModelsDoes “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 GuttersRecently, 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 AccidentHere 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 & WakefieldIn 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 CaseIn 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 CaseIn 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 ContinueA 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