Court: NY App. Div. Dept. 2

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In Luckie v. Northern Adult Day Health Care Center, 2018 NY Slip Op 03349, 2018 WL 2123993 (App. Div. 2d Dept. May 9, 2018), the Appellate Division, Second Department affirmed the dismissal of plaintiff’s complaint under CPLR 3211(a) pursuant to the NYS Human Rights Law’s “election of remedies” doctrine. This decision illustrates why employment discrimination…

Read More Employment Discrimination Complaint Properly Dismissed Under “Election of Remedies” Doctrine [Luckie v. Northern Adult Day Health Care Center]
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One venue available to victims of employment discrimination – including being subjected to a hostile work environment – is to pursue a claim in the New York State Division of Human Rights, an administrative agency that enforces the New York State Human Rights Law. Proceeding in that forum, however, results in a relatively limited range…

Read More Court Summarizes Scope of Judicial Review of NYS Division of Human Rights Determinations; Upholds Dismissal of Hostile Work Environment and Constructive Discharge Claims
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In Keceli v. Yonkers Racing Corp., 2017 NY Slip Op 08359, 2017 WL 5762297 (N.Y.A.D. 2 Dept. Nov. 29, 2017), the Appellate Division, Second Department affirmed the dismissal of plaintiff’s sexual orientation discrimination and retaliation claims under the New York State Human Rights Law. As to plaintiff’s sexual orientation discrimination claim, the court explained the law,…

Read More 2d Dept. Affirms Dismissal of Sexual Orientation Discrimination, Retaliation Claims Under the NYS Human Rights Law
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In Matter of Lai v. St. John’s Univ., 2017 NY Slip Op 07601 (App. Div. 2d Dept. Nov. 1, 2017), the court affirmed a lower court’s decision dismissing the Article 78 petition brought by a professor following his termination due to alleged sexual harassment of a student. The court explained: The employment of the petitioner, a tenured…

Read More Dismissal of Tenured Professor, Following Sexual Harassment Allegations by Student, Upheld
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In Kassapian v. City of New York, 2017 NY Slip Op 07985, 2017 WL 5474008 (N.Y.A.D. 2 Dept. Nov. 15, 2017), the Second Department held that plaintiff sufficiently alleged claims of sexual harassment, age discrimination, and retaliation under the NYC Human Rights Law. As to plaintiff’s sexual harassment claim, the court explained: The allegation that…

Read More Sexual Harassment, Age Discrimination, and Retaliation Claims Survive Dismissal; Evidence Included Sex Toy at Work
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In Matter of Ferrara v. New York State Div. of Human Rights, 2017 NY Slip Op 06968 (App. Div. 2d Dept. Oct. 4, 2017), the court affirmed the denial of petitioner’s Article 78 petition to review a determination by the New York State Division of Human Rights that petitioner’s discrimination claims were barred by the NYS…

Read More Employment Discrimination Claims Properly Dismissed as Untimely
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In Correa v. Matsias, 2017 WL 4159254 (N.Y.A.D. 2 Dept. Sept. 20, 2017), a ceiling-collapse personal injury case, the court held that plaintiff could not employ the doctrine of “res ipsa loquitur” at trial. That doctrine, explained the court, is a rule of evidence that permits an inference of negligence to be drawn solely from…

Read More “Res Ipsa Loquitur” Doctrine Held Inapplicable in Ceiling-Collapse Personal Injury Case, But Complaints to Superintendent Demonstrated Notice Sufficient to Overcome Summary Judgment
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In Lee v. Acevedo, 2017 NY Slip Op 05586 (App. Div. 2d Dept. July 12, 2017) – a personal injury premises liability case – the Appellate Division reversed the lower court’s award of summary judgment to defendant. Here are the facts, as summarized by the court: [Plaintiff alleged that she was injured] after she fell backwards…

Read More Fall-Down-Stairs Personal Injury Case Survives Summary Judgment
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