In a recent personal injury case, Schecher v. R. Park Cent., LLC, New York Supreme Court Judge James held that the jury failed to adequately compensate plaintiff for her injuries. The trial record established that after the accident on August 5, 2007, plaintiff was transported to the emergency room of St. Vincent’s Hospital where she…
Read More Personal Injury Jury Award Too Low, Court HoldsIn Dominguez v. Caliber Associates II, Inc. et al. (NY Sup. Ct. Index No. 150944/2014), decided May 20, 2014, the Supreme Court (NY County) denied defendants’ motion to dismiss plaintiff’s claims for sexual harassment under the NYC Human Rights Law and battery against Caliber Associates and Caliber’s owner. (The court granted defendants’ motion to dismiss plaintiff’s causes…
Read More NYC Real Estate Agent’s Sexual Harassment and Battery Claims Survive Dismissal, Notwithstanding Her Alleged “Independent Contractor” StatusIn Thomas v. EONY LLC and David Shavolian (Sup. Ct. NY Cty. Index No. 158961/2013 May 23, 2014), a New York trial court denied defendants’ motion to dismiss plaintiff’s complaint alleging sexual harassment, retaliation, and intentional infliction of emotional distress. Plaintiff alleged, for example, that defendant violated the New York State and City Human Rights Laws…
Read More There’s Zealous Advocacy, Then There’s This: Judge “Aghast” at Sexual Harassment “Defense”Here is the complaint recently filed by Natasha Reyes against the City of New York. She alleges that while sledding in Riverside Park, “she was caused to sustain severe and serious injuries when her sled went through a hay barrier and into a park bench that was located immediately behind the barrier.” She claims, among other…
Read More Sledding Injury LawsuitIn Tria v. Regis High School (decided April 14, 2014), the court granted plaintiff’s motion for summary judgment on his Labor § 240(1) claim, but denied it with respect to plaintiff’s Labor Law § 241(6) claim. Plaintiff was injured when, while unloading a tractor trailer of press board panels and stacking them on an A frame dolly, the…
Read More Court Considers Weight and Force Generated By Falling Object in Granting Injured Worker Summary Judgment on Labor Law 240(1) ClaimIn Hernandez v. Edison Properties, 2013 NY Slip Op 33620(U) (N.Y. Sup. Ct. Index # 103762/12 March 31, 2013), the court dismissed a complaint under the “election of remedies” doctrine codified in the New York State Human Rights Law (NYSHRL), Executive Law 297(9). In this case, plaintiff asserted a discrimination complaint in the New York State Division of…
Read More “No Probable Cause” Finding by State Division of Human Rights Bars Subsequent Claims Under the “Election of Remedies” DoctrineBelow is the complaint recently filed in the Supreme Court, New York County by Donald Goode against NYC hotspot S.O.B.’s (a/k/a Sounds of Brazil). Plaintiff alleges that he was shot in the leg by a patron while he was attending a concert and party at SOBs called “Mixtape Release SDMB NYC Edition” for rapper Fat Trel. He alleges (among other…
Read More Lawsuit Against SOB’s By Victim Shot During Fat Trel “Sex, Drugs, Money and Guns” PartyHere is the complaint, captioned Jackson v. OpenCommunications Omnimedia LLC et al, Index No. 151596/2014, filed on February 24, 2014 in New York State Supreme Court by a male plaintiff against his former employer, New York City media company OpenCommunications Omnimedia and three of its principals. Plaintiff claims he was sexually harassed by his female bosses and…
Read More Male Employee Asserts Sexual Harassment and Retaliation Claims Against Female Bosses at NYC Media CompanyBelow is the complaint filed on April 15, 2014 against the City of New York and several “John Doe” police officers by Theodora Ray, who is one of the bystanders shot by the NYPD during the botched September 14, 2013 attempt to apprehend an (unarmed) Glenn Broadnax. (I previously wrote about a similar suit, arising from a…
Read More Lawsuit by Pedestrian Shot During NYPD’s Botched Apprehension of Unarmed ManBelow is the complaint recently filed by Victoria Burhans and Chloe Rivera against the State of New York, in light of the Supreme Court’s March 7, 2014 dismissal of their claims against the Assembly of the State of New York. Their claims arise, as before, from the alleged sexual harassment committed by Vito Lopez and condoned by…
Read More Lawsuit: Victoria Burhans and Chloe Rivera’s Sexual Harassment and Hostile Work Environment Lawsuit Against New York State