Court: NY App. Div. Dept. 2

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In Bogaty v. Bluestone Realty NY, Inc., 2016 NY Slip Op 08343 (App. Div. 2d Dept. Dec. 14, 2016), the court affirmed the dismissal of plaintiff’s trip-and-fall personal injury lawsuit. Here, “plaintiff allegedly tripped and fell over a wheel stop in a parking space at a small supermarket located in Great Neck.” The court summarized…

Read More Trip/Fall Case Properly Dismissed; Wheel Stop Was Open and Obvious and Not Inherently Dangeous
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In Sciddurlo v. Financial Indus. Regulatory Auth., 2016 NY Slip Op 08061 (App. Div. 2nd Dept. Nov. 30, 2016), the court reversed the lower court’s dismissal of plaintiff’s age discrimination claims asserted under the New York State and New York City Human Rights Laws. Specifically, it held that the New York whistleblower statute’s waiver provision, New York…

Read More Age Discrimination Claims Not Barred By the New York Whistleblower Law’s Waiver Provision
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In Pall v. Roosevelt Union Free Sch. Dist., No. 11734/13, 2016 WL 6885459 (N.Y. App. Div. 2nd Dept Nov. 23, 2016), the court affirmed the dismissal – for failure to state a claim under CPLR 3211(a)(7) – of plaintiff’s defamation and (NYS Human Rights Law) hostile work environment claims. The facts, as summarized by the…

Read More “Bitches” Comment Was Opinion; Teacher’s Defamation and Hostile Work Environment Claims Properly Dismissed
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In Goodwin v. Dix Hills Jewish Ctr., 2016 NY Slip Op 07293 (App. Div. 2nd Dept. Nov. 9, 2016), a construction accident case, the court held that plaintiff established a violation of New York Labor Law § 240(1). It therefore modified a lower court order denying plaintiff’s, and granting defendant’s, motion on that issue. Here are the…

Read More Injured Worker Who Fell From Ladder Entitled to Summary Judgment on Labor Law 240(1) Claim; Work Was Ancillary to Covered Activity of “Altering”
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From Radler v. Catholic Health Sys. of Long Island, Inc., No. 2014-10867, 2016 WL 6604540 (N.Y. App. Div. 2d Dept. Nov. 9, 2016): To establish entitlement to summary judgment in a case alleging discrimination, the defendants must demonstrate either the plaintiff’s inability to establish every element of intentional discrimination, or, having offered a legitimate, nondiscriminatory reason…

Read More Sexual Harassment Claim Properly Dismissed on Summary Judgment; “Coarse Comments” Regarding Inappropriate Attire Insufficient
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In N.Y. State Div. of Human Rights v. Besdad, Inc., No. 2014-08481, 2016 WL 6269891 (N.Y. App. Div. 2d Dept. Oct. 26, 2016), the court upheld a determination by the NYS Division of Human Rights that the respondents discriminated against the complainant on the basis of his race and color by subjecting him to a…

Read More Desire Not to “Offend” Alleged Harasser Properly Found to Result in Condonation of Racial Discrimination
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In Tibbetts v. Pelham Union Free Sch. Dist., No. 2014-11219, 2016 WL 5928741 (N.Y. App. Div. 2nd Dept. Oct. 12, 2016), the court affirmed the summary judgment dismissal of plaintiff’s disability discrimination claim under the New York State Human Rights Law. Plaintiff, a probationary music teacher employed by defendant, alleged that she was fired approximately two…

Read More Music Teacher’s Disability Discrimination Claim Properly Dismissed; Court Cited Parental Complaints as Reason for Termination and Defendant’s Lack of Notice of Alleged Disability
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In Kaplan v. New York City Dept. of Health & Mental Hygiene, 2016 NY Slip Op 06063 (App. Div. 2nd Dept. Sept. 21, 2016), the court reversed a CPLR 3211(a)(7) dismissal (for failure to state a claim) of plaintiff’s claims of sexual harassment and retaliation. This decision provides helpful guidance on who has what burden of…

Read More 2d Dept. Reverses Dismissal of “Masturbating Boss” Sexual Harassment Case Under the NYC Human Rights Law
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In Tighe v. North Shore Animal League Am., 2016 NY Slip Op 05807 (App. Div. 2d Dept Aug. 17, 2016), a dog bite case, the court reversed a lower court’s denial of defendant’s motion for summary judgment. The facts: On May 19, 2012, the plaintiff adopted a dog from an animal shelter, the defendant North Shore…

Read More Dog Bite Case Dismissed; Plaintiff Was Aware of Adopted Dog’s Vicious Propensities
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In Von Maack v. Wyckoff Heights Med. Ctr., 140 A.D.3d 1055 (N.Y. App. Div. 2d Dept. June 22, 2016), the court held that (1) an arbitration determination that plaintiff was terminated for just cause did not collaterally estop her from pursuing a retaliation claim under New York’s “health care whistleblower law”, codified at New York Labor Law…

Read More Health Care Whistleblower Claim Sufficiently Alleged; Arbitration Decision That Termination Was For “Just Cause” Did Not Preclude Retaliation Claim
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