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 ContinuesIn Matos v. Azure Holdings II, L.P., 2020 NY Slip Op 01441 (App. Div. 1st Dept. March 3, 2020) – a personal injury slip-and-fall case – the court unanimously reversed a lower court’s order granting summary judgment to defendant. In this case, plaintiff alleges that he slipped and fell while stepping out of a combined…
Read More Bathroom Slip/Fall Case Continues Against Landlord;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 CaseIn 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 HospitalIn Matter of New York State Unified Ct. Sys. v. New York State Div. of Human Rights, 2020 NY Slip Op 01252 (App. Div. 1st Dept. Feb. 20, 2020), the court upheld a finding of disability discrimination on behalf of a hearing-impaired court officer. From the decision: The Commissioner’s finding of discrimination is supported by…
Read More Court Upholds Finding of Disability Discrimination of Court OfficerIn Hodge v. New York City Transit Authority, No. 11006, 11007, 159612/18, 655191/18, 2020 N.Y. Slip Op. 01008, 2020 WL 716782 (N.Y.A.D. 1 Dept., Feb. 13, 2020), the Appellate Division, First Department, upheld the termination of petitioner’s employment. From the decision: The termination of petitioner Hodge’s employment based on conduct that, if proven in court,…
Read More Termination Did Not Violate Arrest/Conviction Discrimination Statutes, Court FindsIn Denson v. Donald J. Trump For President, No. 101616/17, 10334, 10334A, 2020 N.Y. Slip Op. 00923, 2020 WL 573113 (N.Y.A.D. 1 Dept., Feb. 06, 2020), the court, inter alia, struck down arbitration awards – predicated on claimed violations of a non-disclosure, non-disparagement agreement (NDA) – against an ex-employee of Donald J. Trump’s presidential campaign.…
Read More Court Vacates Arbitration Award Against Former Trump Campaign Employee for Alleged NDA ViolationIn Abe v. New York University, No. 105985/10, 10950, 10950A, 10950B, 2020 N.Y. Slip Op. 00830, 2020 WL 536162 (N.Y.A.D. 1 Dept., Feb. 04, 2020), the court, inter alia, upheld a jury verdict in defendant’s favor as to plaintiff’s retaliation claim. In sum, the court found that budget cuts, rather than retaliation for an earlier…
Read More Jury Verdict for NYU on Retaliation Claim UpheldIn some cases, displays of racially- and/or sexually-charged content (e.g., videos) at work might be evidence of actionable employment discrimination. That is, of course, not an ironclad rule. Consider, for example, the recent case of Johnson v. IAC/InterActiveCorp, 2020 NY Slip Op 00488 (NY App. Div. 1st Dept. Jan. 23, 2020), in which the New York Appellate…
Read More “Offensive” Content Shown at Work Insufficient to Demonstrate Disparate Treatment, Court HoldsIn Haleigh Breest v. Paul Haggis, No. 161137/17, 9783, 2019 N.Y. Slip Op. 09398, 2019 WL 7196544 (N.Y.A.D. 1 Dept., Dec. 26, 2019), the court addressed the following question: what must a plaintiff allege in order to state a cause of action under New York City’s Victims of Gender–Motivated Violence Protection Law (Administrative Code of…
Read More Court Interprets, and Finds Claim Stated Against Paul Haggis Under, the NYC Victims of Gender-Motivated Violence Protection Law