Court: NY Supreme Kings Archives - Page 6 of 6

May 15, 2014 by mjpospis

Male Boss Masturbating in Front of Female Subordinate Was Merely a “Trivial Inconvenience”, and Hence Not Sexual Harassment, Court Rules

In Kaplan v. NYC Dept. of Health and Mental Hygiene (NY Sup. Ct. Kings Cty. Index No. 506658-2013), the court dismissed plaintiff’s sexual harassment and retaliation claims – asserted under the NYC Human Rights Law – arising from a male boss’s masturbating in front of his female subordinate. Plaintiff alleged that, at the beginning of a training…

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April 23, 2014 by mjpospis

Perjury Allegation Against Medical Expert Does Not Justify Second Medical Examination of Plaintiff in Trip-and-Fall Personal Injury Suit

In Atchison v. Metropolitan Enterprises, a recent trip-and-fall case, a Brooklyn trial court rejected defendants’ attempt to subject plaintiff to a second Independent Medical Examination (IME). They sought the second examination due to intervening events which, to put it mildly, raised questions as to the first doctor’s credibility. (Note: As a plaintiff’s lawyer, I – as…

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April 12, 2014 by mjpospis

Beating of Actor Adam Scarimbolo Gives Rise to Lawsuit Against Brooklyn Bar

Below is the lawsuit, captioned Scarimbolo v. The Dram Shop, Index No. 503141/2014, recently filed by “Sopranos” actor Adam Scarimbolo against The Dram Shop Bar and an as-yet unnamed bartender. Plaintiff alleges that, “while at the Dram Shop, several unruly and heavily intoxicated patrons became enraged and violent towards Plaintiff simply because a couple of women who had accompanied those…

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February 8, 2014 by mjpospis

Motion Practice “Tips” From Brooklyn Judge

In Oborski v. Marjam Supply Co., Inc., Supreme Court, Kings County Judge Francois Rivera offered what can fairly be characterized as motion practice “tips” (which are, really, a reminder to follow the court’s rules when engaging in motion practice): As a preliminary matter the court will discuss the motion papers and the deficiencies contained therein.…

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December 26, 2013 by mjpospis

Plaintiff Adequately Pleads “Aiding and Abetting” Claim Against Individual Under the New York City Human Rights Law

In Baldwin v. Bank of America, N.A., the New York Supreme Court, Kings County, recently held that plaintiff adequately pled “aiding and abetting” claims against her former supervisor, Perez. Plaintiff alleged discrimination on the basis of gender, pregnancy, and disability. Her complaint contained four causes of action: three against the defendant Bank, and the fourth…

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November 23, 2013 by mjpospis

Sexual Harassment Lawsuit Against Catholic Charities Neighborhood Services

Here is the complaint recently filed in New York state court by plaintiffs Jeanette Grullon, Jenny Mejia, and Sandra Pozo against Catholic Charities Neighborhood Services, Inc. Plaintiff allege that they were “sexually harassed by their African-American male supervisor at Catholic Charities, where they were employed. When they complained about the sexual harassment, they were intimidated and accused…

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October 31, 2013 by mjpospis

Personal Injury Case Arising From Hot Tea and Wobbly Table Dismissed Against Starbucks; Continues Against Barnes & Noble

In Hassan v. Barnes & Noble and Starbucks, plaintiffs sought to recover damages for personal injuries suffered from spilling hot tea in a Barnes & Noble. They alleged that Barnes & Noble was negligent by serving tea in a cup with an unsecured lid, and in allowing the use of an “uneven” and “wobbly” table…

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May 1, 2013 by mjpospis

Struck Pedestrian’s Cell Phone Records Admissible

Everyone knows that drivers who text and talk on their cell phones do so at their peril. Consequences range from tickets and driver license “points” to death. But a recent decision by a Brooklyn trial court in Miller v. Lewis, 40 Misc.3d 490, highlights the dangers of cell phone use by pedestrians. (More information on this issue can be…

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