Blog

On November 14, 2011, two railroad enthusiasts/photographers – Ernest Steve Barry and Michael Burkhart – filed a lawsuit (Barry v. City of New York, 11-cv-5533 (EDNY filed 11/14/11)) in Brooklyn federal court alleging that in August 2010 they were detained and issued summonses for violating MTA Rules regarding the production of identification upon demand (21 NYCRR 1050.6(d)(3))…

Read More Subway photographers file federal suit following summonses for taking subway pictures and failing to produce identification
Share This:

NY Supreme Court Judge Michael Stallman today issued an order denying a petition for a temporary restraining order prohibiting the city from, inter alia, evicting the OWS protesters from Zuccotti Park and enforcing the park’s owners’ rules. The court found that the rules – which prohibited, inter alia, “camping and/or the erection of tents or other structures” and…

Read More Judge denies Occupy Wall Street application for TRO to prevent NYC from evicting protesters from Zuccotti Park
Share This:

On November 8, 2011, the United States sued law firm Larkin, Axelrod, Ingrassia & Tetenbaum LLP and partner John Ingrassia under Title III of the Americans with Disabilities Act.  Plaintiff alleged that on at least three occasions, the law firm prevented its ADA-disabled client, Lauren Klejmont, from entering the law firm’s premises with her service animal,…

Read More U.S. sues law firm for prohibiting disabled client from entering premises with service dog
Share This:

On October 29, 2011, a Bronx building collapsed, resulting in the death of 51 year-old construction worker Muhamed Kebbeh.  It is believed that the two-story commercial building’s collapse was due to the failure of about a dozen pillars in the basement.  The workers there were apparently engaged in an “active demolition” of the building when…

Read More Construction Worker Killed in Building Collapse
Share This:

In Rowe v. Olthof Funeral Home et al., a Western District judge held on summary judgment that the plaintiff, a funeral director, was an exempt “learned professional” not entitled to overtime compensation under the FLSA.  Defendants satisfied, by clear and convincing evidence, the “salary test” and the “duties test” for application of the exemption. “Salary…

Read More Funeral director is an FLSA-exempt “learned professional” not entitled to overtime
Share This:

In Whitehurst v. 230 Fifth, Inc. et al, 11-cv-0767, Southern District Judge McMahon allowed plaintiffs (all African American) to continue some, but not all, of their race-based claims against popular restaurant/lounge 230 Fifth (located at 230 Fifth Avenue in Manhattan).  Plaintiffs alleged that, after arriving to celebrate a friend’s birthday, they were subjected to discriminatory…

Read More African American Partygoers Can Continue Race Discrimination Suit Against 230 Fifth
Share This:

The SDNY recently held, in In re September 11 Litigation, 04-cv-7272 (Sept. 23, 2011), that the absence of duty doomed Con Edison’s negligence suit against various defendants arising from the destruction of its power station following the collapse of 7 World Trade Center on September 11, 2011.  Specifically, Con Edison sued the builder and developer…

Read More SDNY Applies Palsgraf to Deny Recovery to Con Edison in 9/11-Related Litigation
Share This:

Below is the federal court complaint filed by Rita Walsh against the New York City Housing Authority on September 12, 2011 containing her allegations that she was not hired by the NYCHA as its first female bricklayer because of her gender. Her complaint – which seeks relief under Title VII of the Civil Rights Act of 1964, the New York…

Read More Plaintiff Alleges She Was Not Hired For Bricklayer Position Because of Her Gender
Share This:

In Nelson v. HSBC Bank USA (Sept. 13, 2011), the Appellate Division, Second Department clarified the standard governing “hostile work environment” discrimination claims – here, based on the plaintiffs’ race – brought under the NYC Human Rights Law.   Following a jury verdict for defendant, the appellate court ordered a new trial, finding that the jury…

Read More Court confirms breadth of hostile work environment claims under NYC Human Rights Law
Share This: