Court: NY App. Div. Dept. 1

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In Forman v. Whitney Ctr. for Permanent Cosmetics Corp., 155762/2015, 2019 NY Slip Op 03451 (App. Div. 1st Dept. May 2, 2019), the court affirmed the dismissal of plaintiff’s lawsuit in which plaintiff alleged (inter alia) that defendant acted negligently in performing cosmetic tattooing on the plaintiff. From the decision: Defendants’ motion for summary judgment…

Read More Citing Express Approval, Court Affirms Dismissal of yebrow Tattoo Negligence Case Dismissed
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In Escobar v. Tutor Perini Corp. 2019 NY Slip Op 31020(U), 152524/2018 (Sup. Ct. NY Cty. April 8, 2019) (J. Freed), the court, inter alia, dismissed plaintiff’s discrimination claims, advanced under the New York State and City Human Rights Laws under an “aiding and abetting” theory. The court wrote: To be held liable as an…

Read More Court Dismisses “Aiding and Abetting” Discrimination Claim
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In Winklevoss v. Steinberg, 2019 NY Slip Op 02419 (App. Div. 1st Dept. March 28, 2019), the court unanimously affirmed the dismissal of plaintiffs’ defamation claim. The court based its decision on the plaintiffs’ status (public figures) and their failure to prove “actual malice”, the applicable standard under these circumstances. As to their status, the…

Read More Winklevoss Twins’ Defamation Claim Dismissed; Actual Malice Not Shown
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In Zervos v. Trump, 2019 NY Slip Op 01851 (App. Div. 1st Dept. March 14, 2019), the court held, inter alia, that Summer Zervos’ defamation lawsuit against President Trump may proceed, and is not barred by the U.S. Constitution’s Supremacy Clause.[1]The court also denied defendant’s motion to dismiss plaintiff’s defamation claim for failure to state…

Read More Defamation Case Against Trump Not Barred By Supremacy Clause, First Department Holds
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In McCabe v Consulate General of Canada, No. 101565/15, 8619, 8620, 2019 N.Y. Slip Op. 01651, 2019 WL 1064104 (N.Y.A.D. 1 Dept., Mar. 07, 2019), the court, inter alia, affirmed the dismissal of plaintiff’s sex and age discrimination claims under the New York State and City Human Rights Laws. From the decision: The court properly…

Read More Reduction in Force Coupled With Retention of Others Not in Plaintiff’s Protected Class Insufficient to State Claims of Age and Gender Discrimination
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In O’Halloran v. Metropolitan Transp. Auth., 2019 NY Slip Op 01318 (App. Div. 1st Dept. Feb. 21, 2019), an employment discrimination case, the Appellate Division, First Department unanimously affirmed the lower court’s decision granting plaintiff’s motion (pursuant to CPLR 3124) compelling the defendant to provide certain discovery. Citing New York CPLR 3101(a) and relevant case law,…

Read More Order Compelling Discovery in Employment Discrimination Case Affirmed
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In Cubelo v. City of New York, 2019 NY Slip Op 00689 (App. Div. 1st Dept. Jan. 31, 2019), the court affirmed the dismissal of plaintiff’s discrimination and retaliation claims. Plaintiff – who was born in Spain – alleged that he was “passed over for several promotions in his employment as a civil engineer with…

Read More Court Affirms Dismissal of Engineer’s Discrimination and Retaliation Claims
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In Sims v Trustees of Columbia University, No. 156566/13, 8262, 2019 N.Y. Slip Op. 00672, 2019 WL 385366 (N.Y.A.D. 1 Dept., Jan. 31, 2019), the Appellate Division, First Department held that the lower court properly dismissed plaintiff’s discrimination and retaliation, but not plaintiff’s hostile work environment, claims. As to plaintiff’s hostile work environment claims, the court…

Read More “Bubbles” Chimp Hostile Work Environment Claim Resurrected From Summary Judgment Dismissal
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