Court: NY App. Div. Dept. 1

by

In La Porta v. Alacra, Inc., 142 A.D.3d 851, 2016 NY Slip Op 06113 (App. Div. 1st Dept. Sept. 22, 2016), the court held that plaintiff stated claims for hostile work environment sexual harassment and retaliation (but not hostile work environment-based constructive discharge). The court summarized plaintiff’s claims as follows: Plaintiff, the manager of defendant…

Read More Sexual Harassment Case (Including Facebook “Boobs” Comment) Survives Motion to Dismiss
Share This:
by

From St. Jean Jeudy v. City of New York, 2016 NY Slip Op 06045 (App. Div. 1st Dept. Sept. 15, 2016): It is undisputed that plaintiff made out the first three elements of his claim of invidious employment discrimination under the State and City [Human Rights Laws]. We find that he also made out the fourth…

Read More Accent-Based Race/National Origin Discrimination Claims Survive Motion to Dismiss
Share This:
by

In Rodriguez v. City of New York, 2016 NY Slip Op 05943 (App. Div. 1st Dept. Sept. 1, 2016), the court held that a plaintiff moving for summary judgment on liability must demonstrate, as a matter of law, that s/he is free from comparative fault. From the decision: In this case, we are revisiting a vexing…

Read More First Department: Personal Injury Plaintiff Must Show Freedom From Comparative Fault in Order to Win Summary Judgment on Liability
Share This:
by

In Gravano v. Take-Two Interactive Software, Inc., 2016 NY Slip Op 05942 (App. Div. 1st Dept. Sept. 1, 2016), the court held that the claims asserted by plaintiffs Lindsay Lohan and Karen Gravano against the makers of the “Grand Theft Auto V” video game under New York Civil Rights Law § 51 should have been dismissed. Ms.…

Read More Lindsay Lohan’s Civil Rights Action Based on “Grand Theft Auto” Game Dismissed
Share This:
by

In Pinkham v. West Elm, 2016 NY Slip Op 05899 (App. Div. 1st Dept. Aug. 25, 2016), a trip-and-fall personal injury case, the Appellate Division, First Department reversed a decision denying defendants’ motion for summary judgment. That is, plaintiff loses. From the decision: Defendants established entitlement to judgment as a matter of law in this action…

Read More Personal Injury (Premises Liability) Case Dismissed Against West Elm
Share This:
by

In Brankov v. Hazzard, 2016 NY Slip Op 05778 (App. Div. 1st Dept. Aug. 11, 2016), an employment discrimination case, the court discussed and applied the “joint employer” doctrine to plaintiff’s claims under the New York State and City Human Rights Laws. It affirmed the lower court’s dismissal of plaintiff’s claims against two defendants, because the…

Read More Company Was Not Plaintiff’s “Joint Employer” Under the NY State and City Human Rights Laws
Share This:
by

In Castro v. City of New York, No. 1036, 2016 WL 3919217(N.Y. App. Div. 1st Dept. July 21, 2016), the court held that a plaintiff asserting a claim under Civil Service Law § 75-b – the public-sector-employee whistleblower statute – is not required to file a notice of claim. That statute, as summarized by the court,…

Read More 1st Dept. Holds That Notice of Claim Requirement Does Not Apply to Civil-Service Whistleblower Retaliation Claims
Share This:
by

Ceiling-collapse cases are one type of “premises liability” personal injury case. Generally, a landowner has an obligation to maintain their property in a reasonably safe condition. In Lozano v. Mt. Hope Place Props., Inc., 2016 NY Slip Op 05545 (App. Div. 1st Dept. July 14, 2016), a ceiling-collapse case, the court affirmed the dismissal of plaintiff’s…

Read More Ceiling Collapse Personal Injury Case Dismissal Affirmed
Share This:
by

In Oluwatayo v. Dulinayan, 2016 NY Slip Op 05455 (App. Div. 1st Dept. July 7, 2016), the court clarified the distinction – in the context of a rear-end car accident case – between (i) plaintiff’s freedom of culpability and (ii) defendants’ alleged negligence. Here, plaintiff was entitled to summary judgment as to (i), but not as…

Read More “Innocent” Rear-Ended Plaintiff Entitled to Summary Judgment as to His Lack of Culpable Conduct, But Not With Respect to Defendants’ Negligence
Share This:
by

In Brothers. v. 574 9th Ave. Rest. Corp., No. 1458, 2016 WL 3341787 (N.Y. App. Div. 1st Dept. June 16, 2016), a slip-and-fall case, the court affirmed the denial of defendants’ motion for summary judgment. From the decision: The testimony of defendant bar proprietor that he personally inspected the bathrooms and areas outside the bathrooms, just…

Read More Slip/Trip and Fall on Water/Debris Case Survives Summary Judgment
Share This: