Court: NY App. Div. Dept. 1

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In Raghavendra v. Bollinger, 2015 NY Slip Op 03775 (App. Div. 1st Dept. May 5, 2015), the court affirmed the lower court’s grant of summary judgment to defendant. This employment discrimination case (asserted under the New York State and City Human Rights Laws) illustrates how courts evaluate so-called failure to rehire cases, for statute of…

Read More Initial Rehire Refusal Triggers Statute of Limitations; Discrimination Action Was Time-Barred
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In Rollins v. Fencers Club, Inc. (App. Div. 1st Dept. May 5, 2015), the Appellate Division, First Department affirmed the denial of defendants’ motion for summary judgment dismissing plaintiff’s complaint alleging age discrimination in violation of the NYC Human Rights Law. As a result, plaintiff gets a trial on her claims. The court analyzed plaintiff’s…

Read More Age Discrimination Plaintiff Defeats Summary Judgment; Age-Related Comments Were Not “Stray Remarks”
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In Linder v. Innovative Commercial Sys. LLC, decided April 30, 2015, the Appellate Division, First Department affirmed the dismissal of plaintiff’s complaint alleging failure to pay commissions. Citing the Court of Appeals’ decision in Pachter v. Bernard Hodes Group, Inc., the court explained: Given the seven-year course of dealing between the parties, in which plaintiff…

Read More At-Will Commission Salesman Not Entitled to Commissions on Post-Termination Payments
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In Kurtz v. Supercuts, Inc. – a personal injury / premises liability / slip-and-fall case – the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment. The court explained: Summary judgment was properly denied in this action where plaintiff alleges that she was injured when she slipped and fell on a…

Read More Hair Salon Slip/Fall Case Continues
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In Dosanjh v. Satori Laser Ctr. Corp. (App. Div. 1st Dept. Apr. 16, 2015) – a personal injury case arising from burns sustained by the plaintiff during a laser hair removal procedure – the court discussed the limitations on the doctrine of “res ipsa loquitur” in a negligence case. The court unanimously reversed the Supreme Court’s…

Read More Expert Testimony Required to Prove Negligence in Laser Hair Removal Injury Case, Court Holds
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In Jangana v. Nicole Equities LLC (App. Div. 1st Dept. Apr. 9, 2015), a trip-and-fall case, the Appellate Division, First Department rejected the defendants’ argument that the alleged injury-causing defective condition – here, a moving carpet – was “trivial” as a matter of law. The court explained: Summary judgment was properly denied in this action…

Read More Carpet Trip/Fall Case Continues
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In Bednark v. City of New York (decided April 2, 2015), a bus-related personal injury case, the Appellate Division, First Department modified a lower court’s order granting summary judgment to the the defendant City of New York to deny that motion. The facts: Plaintiff was injured when, while disembarking from the rear doors of a…

Read More “Bus Stop” Includes Sidewalk; Summary Judgment to City Denied
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Generally, the purpose New York’s “scaffold law” (New York Labor Law § 240(1)) is to protect construction workers from the pronounced risks arising from construction work site elevation differentials. A recent First Department case, Jordan v. City of New York (decided March 26, 2015), illustrates that what might seem like relatively small elevation differentials can nevertheless implicate…

Read More Force, Not Height, Is Key In a Labor Law 240(1) Construction Accident Case
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A recent Appellate Division decision, Valverde v. Great Expectations, LLC (decided March 31, 2015) is an example of a defense failure to make a prima facie showing to summary judgment in a personal injury premises liability case. The court affirmed the lower court’s denial of defendants’ motion, without considering plaintiff’s responsive papers. From the opinion: Defendants…

Read More Questions re Notice Result in Denial of Summary Judgment in Golf Path Trip/Fall Case
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In a short opinion, the First Department in Santo-Perez v. Enterprise Leasing Co. (decided March 26, 2015) reversed summary judgment for defendant driver, even though the pedestrian they hit was outside the crosswalk at the time. The court wrote: While the fact that plaintiff was crossing the street on foot outside of the crosswalk, in…

Read More Outside-the-Crosswalk Pedestrian Knockdown Case Continues
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