Court: NY App. Div. Dept. 1

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In O’Brien v. Port Auth. of N.Y. & N.J. (App. Div. 1st Dept. Sept. 8, 2015), the Appellate Division, First Department held that plaintiff – an operating engineer at the World Trade Center Freedom Tower construction site – was entitled to summary judgment on his claim under Labor Law § 240(1). Plaintiff was injured when he “slipped…

Read More WTC Worker Who Fell Down Stairway Entitled to Summary Judgment on Labor Law § 240(1) Claim
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In Phillips v. Manhattan & Bronx Surface Transit Operating Auth., 15 N.Y.S.3d 331 (N.Y. App. Div. 2015), the Appellate Division, First Department  held that an arbitration award reinstating a sexual harassment offender (and union member) to his position pursuant to a Collective Bargaining Agreement was contrary to public policy. In sum, after a female bus…

Read More Sexual Harassment/Hostile Work Environment Offender Not Entitled to Reinstatement Under Collective Bargaining Agreement
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From Gyabaah v Rivlab Transp. Corp., 2015 NY Slip Op 04741 [129 AD3d 447] (App. Div. 1st Dept. June 4, 2015): Plaintiff made a prima facie showing of her entitlement to judgment as a matter of law on the issue of liability by submitting her affidavit stating that the yellow school bus owned by defendant Rivlab Transportation Corp. struck…

Read More Pedestrian Gets Summary Judgment in Knockdown Case
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In Caceres v. Standard Realty Assoc., Inc. (App. Div. 1st Dept. Aug. 25, 2015), plaintiff worker was injured when he fell from a ladder. The appellate court reversed the lower court and granted plaintiff summary judgment on liability on his claim under New York Labor Law § 240(1) (the so-called “scaffold law”). Here are the facts…

Read More Fall From A-Frame Ladder; Plaintiff Gets Summary Judgment on Labor Law § 240(1) Claim
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In Anderson v. Edmiston & Co., Inc. (App. Div. 1st Dept. Aug. 4, 2015), the court held that plaintiff sufficiently alleged claims of gender discrimination, hostile work environment, and retaliation under the NYC Human Rights Law, and affirmed Supreme Court’s denial of defendant’s motion to dismiss plaintiff’s complaint under CPLR 3211(a)(7). Plaintiff alleged, among other things, that her superior…

Read More Allegations of Vulgar Remarks About Women Sufficient to Plead Gender Discrimination and Hostile Work Environment
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In Lee v. Woori Bank, decided by the Appellate Division, First Department on July 28, 2015, the  court held that plaintiff’s sexual harassment and negligence claims were not barred by the “waiver” provision of New York’s whistleblower statute, Labor Law § 740. Labor Law § 740(7) provides, in part, that “the institution of an action in accordance…

Read More Sexual Harassment and Negligence Claims Not Waived by Waiver Provision of New York’s Whistleblower Statute
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Pepsi and double parking? That sounds familiar. Interestingly, a recent personal injury case, Barry v. Pepsi-Cola Bottling Co., involves both. This case stands for the proposition that illegal double-parking – while perhaps illustrating societal stupidity or even signifying the onset of a dictatorship – is not necessarily the proximate cause of an accident in which the double parker…

Read More Double-Parked, Rear-Ended Pepsi Defendant Wins Dismissal of Car Accident Personal Injury Lawsuit
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