Court: EDNY

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In Francis v. Kings Park Manor, Inc., 14-cv-3555 (EDNY March 16, 2015), the court held that the plaintiff, an African American man whose neighbor subjected him to racist comments, stated a cause of action for breach of the implied warranty of habitability. Plaintiff alleged, for example, that his next-door neighbor called him a “fucking nigger” and repeatedly…

Read More Racist Neighbor’s Conduct Gives Rise to Breach of Warranty of Habitabilty Claim
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In Lacey v. Target Corp., 2015 WL 2254968 (EDNY May 12, 2015), the court reviewed and applied the relevant New York law relating to slips and falls on foreign substances. Here, plaintiff alleged that she was injured when she slipped and fell on “slippery, old and dirty pieces of apple” in defendant’s store in Brooklyn,…

Read More Court Dismisses Apple-Slip-and-Fall Suit Against Target
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In 2010, plaintiff Geralyn Ganci alleged, in a federal court complaint against U.S. Limousine Service Ltd. and Raymond Townsend, that she was subjected to hostile work environment and quid pro quo sexual harassment (including in person and by phone calls/text messages) by her boss Raymond Townsend and fired for rejecting his advances. Among the “vile and…

Read More $700,000+ Award in Limousine Company Sexual Harassment Case
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In a lawsuit captioned Quindi v. Yoon Corp, Myong C. Song and Yoon J. Chang, 15-cv-00920 (EDNY 2/20/15), plaintiff – a machine worker – alleges pregnancy discrimination against her employers. She asserts claims under Title VII of the Civil Rights Act of 1964 (as amended by the Pregnancy Discrimination Act), the Family and Medical Leave…

Read More Factory Worker’s Pregnancy Discrimination Lawsuit
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In Suarez v. City of New York (EDNY 11-cv-5812 March 31, 2015), the Eastern District of New York dismissed the claims by plaintiff, a deckhand on the Staten Island Ferry (and employed by the NYC Department of Transportation), that she was sexually harassed by Warren, an AlliedBarton security guard, under the NYC Human Rights Law (NYCHRL). Addressing…

Read More Staten Island Ferry Security Company Not Liable For Sexual Harassment Perpetrated by its Employee Against Non-Employee Deckhand
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Employment discrimination and hostile work environment claims are often difficult to prove, and frequently fail at the summary judgment stage. That is, there are many decisions in which a judge rules that there simply isn’t enough evidence to get to a jury on these issues. In that instance, the court is not taking on the…

Read More Plaintiff Gets to Jury on Race Discrimination and Hostile Work Environment Claims Against Contractor
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In a recent gender discrimination lawsuit captioned Consing v. NYC Health & Hospitals Corp. and Zenaida Magnaye-Banzon, EDNY 15-cv-01548 (March 25, 2015), plaintiff, a man, asserts that the defendants failed to hire him because he is male. He asserts, for example (at paragraph 19) that Magnaye-Banzon told him that the position would “not work” for him because…

Read More Anti-Male Gender Discrimination Lawsuit Against NYC Health & Hospitals Corp.
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The law relating to the use of social media in litigation continues to evolve. A recent decision issued by the U.S. District Court for the Eastern District of New York, Caputi v. Topper Realty Corp. (decided Feb. 25, 2015), provides additional insight into how judges deal with this increasingly important issue. In Caputi, a wage-and-hour case, defendants…

Read More Court Allows Partial Access to Plaintiff’s Facebook Account
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In Lashley v. New Life Bus. Inst., Inc., No. 13 CIV. 2683 BMC, 2015 WL 1014128 (E.D.N.Y. Mar. 9, 2015), the Eastern District of New York upheld a jury verdict in favor of Corey Lashley on his quid pro quo and hostile work environment sexual harassment claims. In this case, plaintiff Corey Lashley alleged, among other things,…

Read More Court Upholds Jury’s Verdict that Male Plaintiff Endured Quid Pro Quo Sexual Harassment by Female Boss
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In Figueroa v. RSquared NY Inc. (EDNY March 3, 2015), the Eastern District of New York held that plaintiff stated a claim for “quid pro quo” sexual harassment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In sum, plaintiff alleged that while on a leave of absence…

Read More Conditioning Return to Work on “Hooking Up” With “De Facto Supervisor” is Plausible Quid Pro Quo Sexual Harassment Theory, Court Holds
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