Court: NY App. Div. Dept. 1

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In Matter of Belgrave v. City of New York, 2016 NY Slip Op 01548 (App. Div. 1st Dept. March 3, 2016), the First Department addressed an issue of first impression, namely whether a law enforcement agency (here the NYPD), may refuse to hire an applicant seeking employment with that agency as a civilian, without regard to…

Read More Felony Conviction Properly Barred 911 Dispatcher From NYPD Employment, Court Holds
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The First Department’s recent decision in Rios v 1146 Ogden LLC, 2016 NY Slip Op 01420 (App. Div. 1st Dept. Feb. 25, 2016) illustrates one way in which a plaintiff injured on someone’s property can overcome summary judgment. There, the plaintiff alleged that she was injured “when she was caused to fall in the bathroom of her…

Read More Complaints to Live-In Super Sufficient Evidence of Notice to Overcome Summary Judgment in Apartment Tile Injury Case
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In Novak v St. Luke’s-Roosevelt Hosp. Ctr., Inc., 2016 NY Slip Op 00762 (App. Div. 1st Dept. Feb. 4, 2016), the court affirmed the dismissal of plaintiff’s “healthcare whistleblower” claim under New York Labor Law § 741. From the decision: Plaintiff alleges that defendants had retaliated against her for lodging a complaint with defendant supervisors regarding the…

Read More “Healthcare Whistleblowing” Claim Dismissed; Abandonment of Post Was Reason for Termination
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In Santiago-Mendez v. City of New York, 2016 WL 416877 (N.Y. App. Div. 1st Dept. Feb. 4, 2016), the court held that plaintiff’s non-time-barred claims for race, national origin, and gender discrimination as against the City of New York and two individual defendants should not have been dismissed. Here is the Order appealed from; here is plaintiff’s complaint. From the…

Read More Decision: NYPD Detective’s Race, National Origin, and Gender Discrimination Claims Proceed
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In Brown v. Addison Hall Owners Corp., No. 16744, 2016 WL 237527 (N.Y. App. Div. Jan. 21, 2016), the Appellate Division, First Department affirmed the denial of summary judgment to defendants on plaintiff’s personal injury premises liability (slip/fall) claim. From the decision: In this action alleging a slip and fall on a wet floor inside…

Read More Decision: Slip/Fall Case Survives Summary Judgment; No Evidence that Defendants Mopped on Day of Accident
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In Domaszowec v. Residential Mgmt. Grp. LLC, No. 16697, 2016 WL 208299 (N.Y. App. Div. Jan. 19, 2016), the First Department held that the plaintiff was entitled to summary judgment on her Labor Law § 240(1) claim. Labor Law § 240(1), the so-called “Scaffold Law”, provides in pertinent part: All contractors and owners and their…

Read More Window Cleaner Died While “Cleaning” Within Meaning of NY’s “Scaffold Law”, Labor Law § 240(1), Court Holds
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In Taveras v 1149 Webster Realty Corp., 2015 NY Slip Op 09192, the court held that plaintiff’s trip-and-fall case should not have been dismissed: [W]e find that defendants in this case failed to meet their initial burden of establishing, prima facie, their entitlement to judgment as a matter of law by asserting that plaintiff could not…

Read More Plaintiff Adequately Identified Defect Causing Him to Fall; Summary Judgment for Defendants Overturned
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A First Department case, Cadet-Legros v. New York Univ. Hosp. Ctr., 2015 NY Slip Op 08984 (App. Div. 1st Dept. Dec. 8, 2015), held that defendants were entitled to summary judgment dismissing plaintiff’s race discrimination cause of action under the NYC Human Rights Law. This case offers guidance on how courts evaluate motions for summary judgment…

Read More Termination Reasons Were Not Pretextual; “Leopard Does Not Change its Spots” Was Not “Coded” Racial Language
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