Court: NY Supreme NY

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In Oliveras v. City of New York, No. 159011/2020, 2021 WL 4868415 (N.Y. Sup Ct, N.Y. Cty. Oct. 19, 2021), the court held that plaintiff (a NYPD Officer) sufficiently alleged that he was subject to disability discrimination under the N.Y.C. Human Rights Law, and therefore denied defendants’ motion to dismiss. From the decision: Here, accepting…

Read More NYPD Officer’s Disability Discrimination Claims Sufficiently Alleged, Court Holds
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In Woolf v. Bloomberg L.P., No. 155152/2020, 2021 WL 4427372 (N.Y. Sup Ct, New York County Sep. 24, 2021), the court considered whether and to what extent a prior federal court decision – which dismissed the plaintiff’s disability discrimination claim under the Americans with Disabilities Act – prohibits the plaintiff (under principles of collateral estoppel)…

Read More Migraine-Disability Case Dismissed Against Bloomberg L.P.
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In Lopez v. Bendell, No. 156292/2017, 2021 WL 4776215 (N.Y. Sup Ct, New York County Oct. 13, 2021), an employment discrimination case (involving allegations of national origin discrimination, hostile work environment, retaliation, and wrongful termination), the court denied defendants’ request to vacate the Note of Issue (on the ground that plaintiff failed to produce “social…

Read More Court Declines to Vacate Note of Issue in Discrimination/Hostile Work Environment Case; Requires “Jackson Affidavit” Regarding Social Media Posts
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In Jia v. China Renaissance Securities (US) Inc., No. 158516/2018, 2021 WL 4553665 (N.Y. Sup Ct, New York County Oct. 05, 2021), the court held that plaintiff’s unlawful retaliation claim(s) survived summary judgment. From the decision: Plaintiff claims that she establishes a prima facie case for retaliation under the NYSHRL and the NYCHRL (Executive Law…

Read More Retaliation Claim, Based on Opposition to Gender Discrimination, Survives Summary Judgment
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In Eustache v. Bd. of Educ. of the City School Dist. of the City of New York, No. 153619/2019, 2021 WL 4219732 (N.Y. Sup Ct, New York County Sep. 16, 2021), the court held, inter alia, that plaintiff (a male paraprofessional a/k/a teaching assistant) sufficiently alleged sexual harassment by a co-worker under the New York…

Read More Male Teaching Assistant Sufficiently Alleges Sexual Harassment By Female Co-Worker
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In a recently-filed lawsuit, captioned J.C. v. Robert Allen Zimmerman a/k/a Bob Dylan (Sup. Ct. N.Y. Cty. Index No. 951450/2021), the plaintiff – proceeding pseudonymously – asserts (under the Child Victims Act and pursuant to CPLR 214-g and 22 NYCRR § 202.72) that the defendant sexually abused her over a six-week period between April and…

Read More Child Victims Act Sex Abuse Lawsuit Against Bob Dylan
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In Jane Doe v. John Doe,[1]Ed. note: I have modified the name of Defendant to “John Doe” in light of (yet without acknowledging any obligation imposed by) the Court’s Order dated Nov. 5, 2021, NYSCEF Doc. No. 60. No. 155961/2020, 2021 WL 3290843 (N.Y. Sup Ct, New York County Aug. 02, 2021) – a sexual…

Read More Sexual Harassment Plaintiff Denied Opportunity to Amend Complaint to Add Claims to Assert Defamation Counterclaim Was Retaliatory
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Despite what popular culture may imply, the main battles of litigation are not waged in the courtroom, but rather in various pre-trial events that, together, comprise what is known as “discovery.” In this phase, the parties use various methods to obtain (“discover”) information from the other side. Among the various (and most prevalent) discovery methods…

Read More A Cautionary Tale Regarding Attorney Deposition Conduct
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In Alberto Coronado v. Veolia North America Inc. & Subsidiaries et al, NY Sup. Ct. NY Cty. 450319/2019 (April 6, 2021), a motor vehicle accident case, the court held that the defendant was not entitled to obtain discovery of so-called “litigation funding” material from the plaintiff. Despite the liberal construction courts give to the CPLR’s…

Read More Litigation Funding Discovery Denied in Car Accident Case
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In Arbelaez v. Champion Parking 230 LLC, No. 161188/20, 2021 WL 2772385 (N.Y. Sup Ct, New York County July 02, 2021), the court held that defendants’ counterclaim for breach of the “faithless servant doctrine” was sufficiently alleged. Plaintiff, who was terminated from his job as a manager of a parking garage owned by Champion Parking,…

Read More “Faithless Servant” Counterclaim Survives Dismissal
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