Court: NY App. Div. Dept. 1

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Unfortunately for New York workers, New York has a notoriously weak workplace “whistleblower law”. Its general whistleblower statute, NY Labor Law § 740, provides (in pertinent part): An employer shall not take any retaliatory personnel action against an employee because such employee does any of the following: (a) discloses, or threatens to disclose to a…

Read More Whistleblower Claim Dismissed; Supervisor Assault Was Not a Qualifying Legal Violation
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In Fauntleroy v. EMM Group Holdings LLC, the First Department held that plaintiff presented enough evidence to overcome summary judgment on his claims for personal injuries arising from a fight with a security guard hired by one of the defendants. The appellate court unanimously reversed the lower court’s order granting summary judgment to defendants, explaining: Defendants’…

Read More Lawsuit Brought By Plaintiff Punched in Face by Nightclub Security Guard Continues
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In Ragoo v. New York City Taxi & Limousine Comm’n, No. 101970/08, 2015 WL 6181750 (N.Y. App. Div. Oct. 22, 2015), the court affirmed the dismissal of plaintiff’s claims for retaliation and disability discrimination (failure to accommodate) under the New York State Human Rights Law because plaintiff failed to establish that she suffered an “adverse employment…

Read More Transfer and Reassignment Were Not “Adverse Employment Actions”; Disability Discrimination and Retaliation Claims Properly Dismissed
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In Ashton v. EQR Riverside A, LLC, 2015 NY Slip Op 07916 (Oct. 29, 2015), the court affirmed the dismissal of plaintiff’s trip-and-fall case. This case, like many premises liability cases, turned on the critical issue of “notice”. From the decision: It was undisputed that defendants did not have actual or constructive notice of the height differential…

Read More Trip/Fall Case Properly Dismissed; Expert’s Conclusion Was “Speculative”
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In Sikora v Earth Leasing Prop. Ltd. Liab. Co., 2015 NY Slip Op 07918 (App. Div. 1st Dept. Oct. 29, 2015) – a personal injury ice slip/fall case – the Appellate Division, First Department affirmed a lower court decision denying defendant’s motion for summary judgment. The court explained: Defendant failed to establish entitlement to judgment as a matter of law…

Read More Plaintiff Survives Summary Judgment in Ice Slip/Fall Personal Injury Case
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In Velasquez v. MTA Bus Co., 2015 NY Slip Op 07536 (App. Div. 1st Dept. Oct. 15, 2015), the court unanimously affirmed Supreme Court Judge Arlene Bluth’s Order granting plaintiff – an injured bicyclist – summary judgment on the issue of liability. In reaching its decision, the court cited to Vehicle and Traffic Law §§ 1122[a] and 1128.…

Read More Plaintiff Bicyclist Entitled to Summary Judgment in Bus Accident Personal Injury Case
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In a case decided today, Teran v. JetBlue Airways Corp., 2015 NY Slip Op 07546, 2015 WL 5971959 (App. Div. 1st Dept. Oct. 15, 2015), the Appellate Division, First Department reversed the lower court’s order granting summary judgment to defendant on plaintiff’s constructive discharge and retaliation claims under the New York City Human Rights Law.…

Read More Sexual Harassment Plaintiff’s Constructive Discharge and Retaliation Claims Survive Summary Judgment
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In Garnett v. Strike Holdings LLC, 2015 NY Slip Op 06694 (App. Div. 1st Dept. Sept. 1, 2015), plaintiff was injured while riding in a two-seat go-kart; “[w]hile driving on the track, they were allegedly bumped twice by other go-karts, allegedly causing injuries to plaintiff, including ‘Reflex Sympathetic Dystrophy.’” Defendant moved for summary judgment, on the ground…

Read More Injured Go-Kart Rider Assumed Risk of Being Bumped; Negligence Case Dismissed
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Generally, by bringing a personal injury lawsuit a plaintiff waives the physician-patient privilege, but only with respect to medical records relevant to the injuries for which compensation is sought. This point is illustrated by the decision today in Kenneh v. Jey Livery Serv., 2015 NY Slip Op 06993 (App. Div. 1st Dept. Sept. 29, 2015), in which the…

Read More Defendants Not Entitled to Medical Records Relating to Preexisting Diabetic Condition in Car Accident Personal Injury Case
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Every first-year law student reads the case of Palsgraf v Long Is. R.R. Co., 248 NY 339 [1928], arguably the leading case in New York on the issue of whether a defendant had a duty to plaintiff in a negligence case. In Gonzalez v. City of New York, 2015 Slip NY Slip Op 06869 (App. Div.…

Read More Court Reinstates Negligence Claims Against City Arising From Fatal Shooting By Off-Duty Officer
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