Court: NY App. Div. Dept. 1

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In A. Anonymous v. Mount Sinai Hospital, 2018 WL 4567945, 2018 NY Slip Op 06212 (N.Y.A.D. 1 Dept. Sept. 25, 2018), the Appellate Division, First Department unanimously affirmed the Supreme Court’s order granting defendant’s motion for summary judgment dismissing plaintiff’s disability discrimination claim under the New York City Human Rights Law. Central to the court’s…

Read More Citing Lack of Knowledge of HIV, First Department Affirms Dismissal of Disability Discrimination Claim
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In Suarez v. Emerald 115 Mosholu LLC, 2018 NY Slip Op 06059 (App. Div. 1st Dept. Sept. 13, 2018) – a trip-and-fall personal injury case – the court held that the alleged defect was not “trivial” as a matter of law and, therefore, that plaintiff’s case should not have been dismissed on summary judgment. The facts,…

Read More Defect Was Not “Trivial” as a Matter of Law; Trip/Fall Case Continues
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In a September 6, 2018 decision issued in the litigation captioned Deidre Holmes Clark v. Allen & Overy LLP, the New York Court of Appeals inter alia denied the plaintiff’s motion seeking leave to appeal a March 8, 2018 Appellate Division, First Department decision affirming a Supreme Court order dismissing plaintiff’s complaint and awarding sanctions for frivolous conduct. In this…

Read More Court of Appeals Declines to Hear Appeal of Dismissal of Sexual Harassment Lawsuit in Clark v. Allen & Overy Lawsuit
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From Morse v. Fidessa Corp., 2018 NY Slip Op 05975 (N.Y. App. Div. 1st Dept. Sept. 6, 2018): At issue in this matter of first impression is whether the New York City Human Rights Law’s (HLR) prohibition against discrimination based on “marital status” encompasses a prohibition against discrimination on the basis of the identity of a person’s…

Read More Court Broadly Construes NYC Human Rights Law re Discrimination Based on “Marital Status”
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To succeed in a slip-and-fall case, the injured plaintiff must establish that the defendant property owner was negligent. This is typically done by showing that they had actual or constructive notice of, yet failed to correct, the dangerous condition. In a recent decision, Canteen v. New York City Housing Authority, 2018 NY Slip OP 05733…

Read More Slip/Fall Dismissal Affirmed; Notice Undermined by Caretaker Affidavit
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In Suri v. Grey Global Group, Inc., 2018 NY Slip Op 05627 (App. Div. 1st Dept. August 2, 2018), the Appellate Division, First Department, modified a lower court decision, finding that summary judgment was improperly granted to defendant on plaintiff’s sexual harassment claim under the NYC Human Rights Law.[1]It nonetheless agreed that the lower court properly…

Read More Hostile Work Environment / Sexual Harassment Claim Under the NYC Human Rights Law Resurrected From Summary Judgment Dismissal
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In DiPasquale v. Boys & Girls Harbor Inc., 2018 NY Slip Op 04947 (App. Div. 1st Dept. July 3, 2018), a personal injury/premises liability case, the court unanimously affirmed the denial of defendant’s motion for summary judgment. This case underscores the responsibilities that premises owners have to maintain their property in a reasonably safe condition. From…

Read More Electrocution Injury Case Against Employer’s Landlord Survives Summary Judgment
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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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