Court: NY App. Div. Dept. 1

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From Matter of New York State Div. of Human Rights v. International Fin. Servs. Group, 2018 NY Slip Op 04673 (App. Div. 1st Dept. June 26, 2018): Determination of petitioner New York State Division of Human Rights (DHR), dated May 19, 2015, granting the complaint for disability discrimination, awarding complainant $64,436.03 in back pay and $10,000 for…

Read More Disability Discrimination Awards For Back Pay, Emotional Distress Upheld
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In Miller v. News Am., 2018 NY Slip Op 03946 (App. Div. 1st Dept. June 5, 2018), the court affirmed the dismissal of plaintiff’s age discrimination and retaliation under the New York State and City Human Rights Laws. From the decision: Plaintiff minimally established a prima facie case of age discrimination by demonstrating that he was a…

Read More Court Affirms Dismissal of Freelance Photographer’s Age Discrimination and Retaliation Claims
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In Reveyosos v. Town Sports Intl., LLC, 2018 NY Slip Op 04441 (App. Div. 1st Dept. June 14, 2018), a jury issued a verdict for plaintiff on her disability discrimination claim under the NYC Human Rights Law. The trial court granted defendant’s motion to set aside the jury verdict as against the weight of the evidence…

Read More Disability Discrimination Jury Verdict for Plaintiff Remains; No Undue Hardship Shown
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In Cerio v. Carrington, 2018 NY Slip Op 03597 (App. Div. 1st Dept. May 17, 2018), a car accident case, the court unanimously affirmed the lower court’s grant of summary judgment to defendant City of New York. From the decision: Plaintiff was injured when defendant Carrington, an intoxicated driver, attempted to make an illegal u-turn and collided…

Read More Car Accident Case Dismissed Against City; No Prior Illegal U-Turns
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In Gordon v. Bayrock Sapir Organization LLC, 2018 NY Slip Op 03425, 2018 WL 2141237 (N.Y.A.D. 1 Dept., 2018), the court held that plaintiff survived summary judgment on her gender- and race-based hostile work environment claims and retaliation claims under the NYS and NYC Human Rights Laws, and on her discrimination claim under the NYC…

Read More Hostile Work Environment, Retaliation, Discrimination Claims Survive Summary Judgment Against Trump Soho
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In Urena v. GVC Ltd., 2018 NY Slip Op 02426 (App. Div. 1st Dept. April 10, 2018) – a rear-end car accident case – the court affirmed the lower court’s decision to grant plaintiff’s motion for summary judgment judgment on the issue of liability and dismissal of all affirmative defenses and counterclaims alleging comparative fault. The First…

Read More Plaintiff Properly Awarded Summary Judgment in Hit-in-Rear Case
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In New York City Transit Authority v. Phillips, 2018 NY Slip Op 02442, 2018 WL 1719789 (N.Y. App. Div. 1st Dept. April 10, 2018), the court reversed a lower court decision and held that the arbitrator should have found that a Transit Authority employee (Aiken) subjected another (Melendez) to inappropriate and unwelcome comments of a sexual…

Read More Arbitrator Should Have Found That Transit Authority Employee Engaged in Sexual Harassment, First Department Holds
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In Harrington v. City of New York, 2018 NY Slip Op 00381, 2018 WL 503144 (App. Div. 1st Dept. Jan. 23, 2018), the Appellate Division, First Department modified a lower court order and reinstated plaintiff police officer’s claims for sexual orientation discrimination and retaliation under the New York State and City Human Rights Laws. As…

Read More Police Officer’s Sexual Orientation Discrimination Claims Sufficiently Alleged, First Department Holds
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