Court: NY App. Div. Dept. 1

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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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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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