Below is the New York State Court complaint alleging sexual assault by a massage patron, as reported in today’s New York Post. Specifically, plaintiff Lauren Leakey claims that, during a massage while at the Setai Spa and Club‘s Wall Street location in April 2013, she was sexually assaulted by Setai employee Jason Turner. In particular, plaintiff alleges (among…
Read More Sex Assault Lawsuit Against Setai Spa and ClubA recent decision from the Supreme Court, New York County, provides us with a practice tip: when making a motion to dismiss based on an alleged pleading – such as under CPLR 3211(a)(7) – be sure to attach a copy of the challenged pleading. In Anderson v. City of New York, plaintiff alleged race and…
Read More Failure to Attach Complaint Results in Denial of Motion to Dismiss Employment Discrimination ComplaintIn Thompson v. Futri Transportation Corp., the court dismissed a complaint filed by a Vespa scooter driver who was injured when he tried to “squeeze” past a taxi, which had pulled over to let a passenger out. Defendants argued that the “taxi cab did not cause the collision, and that Thompson’s overtaking, and squeezing past…
Read More “Doored” Vespa Driver’s Case DismissedIn Magdo v. Fidessa Corp., a New York state trial court recently held that plaintiff presented enough evidence to survive summary judgment on her gender/pregnancy discrimination and retaliation claims under the New York City Human Rights Law. Plaintiff claimed that after she told her supervisor about her pregnancy, he made derogatory comments to her, including…
Read More Citing Derogatory Comments About Pregnancy, Court Allows Discrimination and Retaliation Claims to ContinueBelow is plaintiff Robert Atkins’ complaint against Metronome Events, recently filed in New York state court. Plaintiff, who worked as a bartender, alleges that he was paid $150 for each of 140 events he worked, and that defendants unlawfully withheld service charges and gratuities from him. He asserts claims under the New York Labor Law (namely, Labor…
Read More Bartender Seeks Withheld Service Charges/Gratuities From High-Profile Event PlannerIn Anderson v. Edmiston & Co., Inc., the Supreme Court, New York County recently held that plaintiff sufficiently alleged gender discrimination, sexual harassment/hostile work environment, and retaliation under the New York City Human Rights Law. Plaintiff alleged that while employed by defendant company, her supervisor, Robert Shepherd, made various remarks implying “his disrespect for women…
Read More Plaintiff Sufficiently Alleged Gender Discrimination, Sexual Harassment, and Retaliation Claims Under the New York City Human Rights LawA recent case, Cogle v. Bergstein (Supreme Court, New York County, decided Nov. 18, 2013) illustrates the pitfalls that exist when pleading defamation and discrimination claims in New York State courts. Plaintiff, a nurse, worked for the New York City Health and Hospital Corporation (HHC) at Bellevue Hospital. She alleged that she was suspended based on defamatory…
Read More Court Dismisses Plaintiff’s Defamation and Failure-to-Accommodate Disability Discrimination ClaimsBelow and here is the complaint filed in New York state court on Wednesday by yoga instructor Dilek Edwards against Charles V. Nicolai and Stephanie Adams. Plaintiff alleges that defendants fired plaintiff, allegedly because Ms. Adams was jealous of plaintiff’s working relationship with her husband (Nicolai). It also alleges that, as a result of a complaint…
Read More Yoga Instructor’s Sexual Harassment and Gender Discrimination Complaint Against Charles Nicolai and Stephanie AdamsIn Kennington v. 226 Realty LLC, the court denied defendant’s motion to dismiss plaintiffs’ complaint alleging sexual harassment and age discrimination. Although the court held only that the plaintiffs state a claim for relief (without determining the ultimate issue of liability), this case is instructive as to how to plead discrimination claims under the New…
Read More Plaintiffs Sufficiently Alleged Sexual Harassment and Age Discrimination Claims Under the New York City Human Rights LawHere is the age discrimination and retaliation lawsuit filed in New York state court by Bernice Lowe, Angela Fletcher and Rosemary Mangum against retailer Loehmann’s and others. In the suit, captioned Lowe v. Loehmann’s Holdings Inc. et al (NY Sup. Ct. Index No. 160564/2013), plaintiffs allege discrimination and retaliation under the New York City Human Rights…
Read More Age Discrimination Lawsuit Against Loehmann’s