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In Reilly v. First Niagara Bank, N.A., 2019 NY Slip Op 04974 (App. Div. 2nd Dept. June 19, 2019), the court affirmed the dismissal – for failure to state a claim under CPLR 3211(a)(7) – of plaintiff’s sex-based discrimination and hostile work environment claims under the New York State Human Rights Law, Executive Law §…
Read More Sex Discrimination, Hostile Work Environment Dismissal Affirmed
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In Constance Felice, appellant, v Metropolitan Diagnostic Imaging Group, LLC, et al., respondents, et al., defendant., No. 2016/10529 (Index No. 4471/11), 2019 WL 1272557 (N.Y.A.D. 2 Dept., Mar. 20, 2019) – an employment discrimination, sexual harassment, and retaliation case – the court precluded plaintiff from using at trial certain audio files that were the subject…
Read More Audio Files, Not Produced, Precluded in Sexual Harassment Case
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In Esposito v. Rail Bar & Grill Corp., 2019 NY Slip Op 01198 (App. Div. 2nd Dept. Feb. 20, 2019), the court affirmed the dismissal of plaintiff’s claim under New York General Obligations Law § 11-101, a/k/a the Dram Shop Act. In sum, plaintiff alleged that the defendants served alcohol to the plaintiff’s assailants when…
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In Covelli v. Silver Fist, Ltd., 2018 NY Slip Op 08914 (App. Div. 2d Dept. Dec. 26, 2018), the court affirmed the dismissal of plaintiff’s personal injury case. In sum, plaintiff’s decedent – the plaintiff here is the estate of the deceased – died from injuries sustained as a result of an altercation with another bar…
Read More Bar Fight Personal Injury Case Dismissal Affirmed
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In Alatsas v Sacchetti, 2018 NY Slip Op 08270 (App. Div. 2nd Dept. Dec. 5, 2018), a personal injury car accident case, the court affirmed the lower court’s decision denying summary judgment to defendant. The court explained: The City defendants failed to establish their prima facie entitlement to judgment as a matter of law. While…
Read More Car Accident Case Survives Summary Judgment; Plaintiff Not Shown to be the Sole Proximate Cause of Accident
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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…
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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