Court: NY App. Div. Dept. 2

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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 Lillo-Arouca v. Masoud, 2018 NY Slip Op 05150 (App. Div. 2d Dept. July 11, 2018), the court affirmed the dismissal of plaintiff’s amended complaint alleging personal injuries arising from a dog bite. Here is the law, as summarized by the court: To recover upon a theory of strict liability in tort for a dog bite or…

Read More Dog Bite Personal Injury Case Dismissal Affirmed
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In Matter of Advanced Recovery, Inc. v. Fuller, 2018 NY Slip Op 03974 (2d Dept. June 6, 2018), the court confirmed an April 2015 determination of the New York State Division of Human Rights (SDHR) finding that the complainant – a woman who was born a man, and who was diagnosed with gender dysphoria – suffered discrimination.…

Read More Transgender Discrimination Claim and Award Upheld
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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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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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In Valente v Dave & Buster’s of N.Y., Inc. 2018 NY Slip Op 01089 (App. Div. 2d Dept. Feb. 14, 2018), the court affirmed the dismissal of plaintiff’s personal injury lawsuit, arising from an assault at a Dave & Buster’s restaurant. From the decision: On October 8, 2010, the plaintiff was stabbed while at a…

Read More Dave & Buster’s Stabbing Lawsuit Dismissal Affirmed
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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 Bissett v 30 Merrick Plaza, LLC, 2017 NY Slip Op 08805 (App. Div. 2d Dept. Dec. 20, 2017), the court affirmed the denial of defendant’s motion for summary judgment. In this case, plaintiff alleged that she “was injured when she slipped and fell on a pile of wet leaves on one of the steps of…

Read More Slip/Fall Personal Injury Case Survives Summary Judgment
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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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