Court: NY Supreme NY

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In Samarskaya v. MVAIC, Judge Bluth of the New York Supreme Court, New York County denied defendant Motor Vehicle Accident Indemnification Corporation’s (MVAIC) motion for summary judgment. Plaintiff alleged that while riding her bicycle, she was struck by an opened rear passenger-side door of a taxi, which then drove off. Under Article 52 of the…

Read More MVAIC Denied Dismissal in Case of Cyclist “Doored” by Taxi Passenger
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Here is the complaint, recently filed by model Carolina Rommel, against the owner of NoHo restaurant Public. Plaintiff alleges that, while dining at defendant’s restaurant in October 2011, she “bit into a rock contained in a warm lentil salad that had been served to her by defendant. It further alleges: Plaintiff’s injuries have been exacerbated…

Read More This Restaurant’s Salad Rocks (Not in the Good Way)
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In Lee v. Woori Bank (decided Aug. 21, 2014), the New York Supreme Court held that plaintiff adequately pleaded a negligent hiring and retention claim. In this case, plaintiffs asserted claims for retaliation, battery, negligence, and sexual harassment. Specifically, they alleged that Mr. Yoo, along with five other managers and executives from Korea, consistently used foul…

Read More Negligent Hiring and Retention Claims Continue Against Korean Bank
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In Hefti v. Brand Union, Inc. (a wrongful termination lawsuit), decided July 2, 2014, the New York Supreme Court denied defendant’s motion to dismiss plaintiff’s complaint for failure to state a claim. Plaintiff alleged that she was subjected to discrimination based on her disability (clinical depression and bipolar disorder), including by forcing her to disclosing personal…

Read More Court Rejects Defendant’s Reliance on “After-Acquired Evidence” Doctrine
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Here is the recent complaint filed by Vernon Steward and his wife against the American Museum of the Moving Image. Plaintiffs allege that, while on the 3rd floor of the museum, Mr. Steward “was caused to trip over a baby/infant who was on the floor causing him to fall to the floor.” He seeks to recover for his…

Read More Man Trips Over Baby in Museum, Sues
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In Waters v. Town Sports Intl. Holdings, Inc., a Manhattan trial court held that plaintiff sufficiently alleged various claims arising from an incident in which he was essentially terrorized – he claims based on his sexual orientation – while patronizing a New York Sports Club. The facts, in part: On December 30, 2013, plaintiff, a…

Read More Gay Man States Public Accommodation (Sexual Orientation) Discrimination and Other Claims Against New York Sports Club
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In Gomez v. Yussuf, a left-turn car accident case, the court dismissed plaintiff’s case, finding that plaintiff was the sole proximate cause of the accident. It described the accident as follows: Plaintiff was the driver of a car which hit a vehicle owned and operated by defendant at the intersection of Rockaway Boulevard and Beach 56th…

Read More Left Turn Accident Was All Plaintiff’s Fault, Court Finds
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In Sylvester v. Jimenez, an automobile accident case, Judge Bluth of the New York Supreme Court denied defendant’s motion for summary judgment that plaintiff did not sustain a “serious injury” under Insurance Law 5102(d). This was a two-car accident; plaintiff Sylvester was driving, and plaintiff Turner was a passenger, in one car, and defendant Jimenez…

Read More Failure to Address Asserted Injuries Results in Denial of Summary Judgment of no “Serious Injury” in Car Accident Case
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