Court: NY App. Div. Dept. 2

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In Peckham v. Island Park Union Free School District, 2018 WL 6332441 (App. Div. 2nd Dept. Dec. 5, 2018), the Second Department reversed the lower court’s denial of defendant’s motion for summary judgment, and held that plaintiff’s complaint – alleging age and sexual orientation discrimination under the New York State Human Rights Law – should…

Read More Age, Sexual Orientation Discrimination Claims Should Have Been Dismissed as Time-Barred, Second Department Holds
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In Matter of 130-10 Food Corp. v. New York State Div. of Human Rights, 2018 NY Slip Op 08123 (App. Div. 2nd Dept. Nov. 28, 2018), the court held that employment (disability) discrimination claim should be dismissed on statute-of-limitations grounds. The court explained: “Pursuant to Executive Law § 297(5), a complainant seeking redress under the [New…

Read More Disability Discrimination Claim Dismissed Against One Respondent as Time Barred; “Relation Back” Doctrine Inapplicable
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In Easley v. U Haul, 2018 NY Slip Op 08008 (App. Div. Nov. 21, 2018), a personal injury trip-and-fall action, the court held that defendant’s motion for summary judgment dismissing plaintiff’s complaint should have been granted. In sum, plaintiff alleged that he was “injured when he tripped and fell on a half-inch to one-inch metal protrusion sticking…

Read More Defect Was “Trivial”; Personal Injury Action Dismissed
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In Coyle v. College of Westchester, Inc., 2018 NY Slip Op 07699, 2018 NY Slip Op 07699 (App. Div. 2d Dept. Nov. 14, 2014), the court – in addition to affirming the dismissal of plaintiff’s Labor Law § 740 cause of action – also affirmed the dismissal of plaintiff’s “fraudulent inducement” claim. The court summarized the well-established, current…

Read More Citing the “At Will Employment” Rule, Court Affirms the Dismissal of Plaintiff’s Fraudulent Inducement Claim
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From Coyle v. College of Westchester, Inc., 2018 NY Slip Op 07699, 2018 NY Slip Op 07699 (App. Div. 2d Dept. Nov. 14, 2014): We agree with the Supreme Court’s determination to grant that branch of the defendants’ motion which was to dismiss the cause of action alleging violation of Labor Law § 740, commonly known as…

Read More Court Affirms Dismissal of Labor Law 740 Whistleblower Law Claim
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In Green v. Price Chopper, Inc., 2018 NY Slip Op 05578 (App. Div. 2nd Dept. Aug. 1, 2018), a personal injury trip-and-fall case, the court held that the defendant supermarket was not entitled to summary judgment on liability. Plaintiff testified that she tripped and fell over a raised portion of a rubber mat near the supermarket…

Read More Raised Mat Not “Trivial” Defect as a Matter of Law; Summary Judgment for Defendants Reversed
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In Wander v. St. John’s Univ., 2018 NY Slip Op 05353 (App. Div. 2d Dept. July 18, 2018), an age discrimination case, the court held that plaintiffs should be permitted to supplement the complaint to, inter alia, enumerate their damages related to the termination of their employment. From the decision: In the absence of prejudice or…

Read More Age Discrimination Plaintiffs Permitted to Amend Complaint, Court Rules
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In Persaud v. Walgreens Co., 2018 NY Slip Op 03555, 2018 WL 2224185 (N.Y.A.D. 2 Dept. May 16, 2018), the court summarized the legal standard applicable to claims under the NYC Human Rights Law: The NYCHRL prohibits discrimination in employment based upon, inter alia, race and national origin (see Administrative Code of City of N.Y.…

Read More Dismissal of NYCHRL Race, National Origin Discrimination Claims Affirmed
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