Court: NY App. Div. Dept. 1

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In Petrisko v Animal Medical Center, No. 12095, 151573/18, 2019-5044, 2020 N.Y. Slip Op. 05830, 2020 WL 6065450 (N.Y.A.D. 1 Dept., Oct. 15, 2020), the court affirmed the dismissal of plaintiff’s defamation, retaliatory discharge, and tortious interference. From the decision: The motion court correctly dismissed as untimely the defamation claims arising from statements that were…

Read More Retaliation, Defamation, and Tortious Interference Claims Properly Dismissed, Court Holds
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In Stephens v. New York State Division of Human Rights, No. 100699/18, 12163, 2019-5430, 2020 N.Y. Slip Op. 06038, 2020 WL 6163900 (N.Y.A.D. 1 Dept., Oct. 22, 2020), the court, inter alia, upheld the dismissal (by the NYS Division of Human Rights) of the petitioner’s disability discrimination claims. Here, the NYSDHR issued a determination of…

Read More Disability Discrimination Claims, Based on “Invisible” or “Hidden” Disability (Brain Injury), Properly Dismissed
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In Brown v. City of New York, 2020 NY Slip Op 03721 (App. Div. 1st Dept. July 2, 2020), the First Department unanimously affirmed the lower court’s Order granting defendant’s motion to dismiss plaintiff’s retaliation claim asserted under the New York City Human Rights Law. As with many retaliation cases, this decision turned on whether…

Read More First Department Affirms Dismissal of Retaliation Claim Against City of New York Under NYC Human Rights Law; Temporal Proximity Lacking
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In Bateman v. Montefiore Med. Ctr., 2020 NY Slip Op 02969 (App. Div. 1st Dept. May 21, 2020), the court unanimously modified a lower court Order so as to deny defendants’ motion for summary judgment dismissing plaintiff’s claims for employment discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws.…

Read More Race Discrimination, Hostile Work Environment, Retaliation Claims Resurrected From Summary Judgment Dismissal Against Montefiore Medical Center
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In Thomas v. Jonathan Mintz et al, No. 103397/11, 11405, 2020 N.Y. Slip Op. 02367, 2020 WL 1942218 (N.Y.A.D. 1 Dept. Apr. 23, 2020), the court modified a lower court decision to deny defendant’s motion to dismiss plaintiff’s retaliation claim, but upheld its dismissal of plaintiff’s hostile work environment and discrimination claims, under the New…

Read More Retaliation Claim Survives Dismissal; Hostile Work Environment and Discrimination Claims Dismissed
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In Price v. TuneCore, Inc., 2020 NY Slip Op 02284 (App. Div. 1st Dept. April 16, 2020), the court affirmed the dismissal of plaintiff’s (defendant’s former CEO) employment-based claims. As to plaintiff’s claim regarding his status as the “highest paid employee”, the court explained: The employment agreement did not give plaintiff the unfettered right to…

Read More “Highest Paid Employee”, Vacation Pay Claims Dismissed
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In Kuti v. Sera Sec. Servs., 2020 NY Slip Op 02153 (App. Div. 1st Dept. April 2, 2020), the Appellate Division, First Department affirmed the denial of defendant security company’s motion for summary judgment. Plaintiff here is a nurse who was injured when she was attacked by a patient at the healthcare facility where she…

Read More Attacked Nurse’s Negligence Suit Against Security Company Continues
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In a recent decision, Greenman v. 2451 Broadway Market, et al, No. 11287, 11287A, 154861/14, 2020 N.Y. Slip Op. 01962, 2020 WL 1290735 (N.Y.A.D. 1 Dept., Mar. 19, 2020) – a personal injury trip-and-fall case – the court unanimously reversed and vacated a jury verdict in plaintiff’s favor (allocating 75% of the fault to plaintiff…

Read More Evidentiary Errors Result in New Trial on Damages in Trip-and-Fall Personal Injury Case
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In Bauman v. Mount Sinai Hospital, 2020 NY Slip Op 01964 (App. Div. 1st Dept. March 19, 2020), the court unanimously affirmed the lower court’s Order dismissing (on summary judgment) plaintiff’s claims that he was subjected to religion-based discrimination and retaliation under the New York City Human Rights Law. As to plaintiff’s discrimination claim, the…

Read More Religious Discrimination Claim Dismissal Affirmed Against Mt. Sinai Hospital
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