Court: NY Supreme NY

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Here’s Lindsay Lohan’s state court complaint, filed July 1, 2014 in New York State Supreme Court, against Take-Two Interactive Software and Rockstar Games. Lohan asserts that defendants used Lohan’s “portrait” in advertising the game and in the game itself, namely in a “side mission” involving a character named “Lacey Jonas” and telling a story containing…

Read More Lindsay Lohan’s Grand Theft Auto V Lawsuit
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In Henderson v. City of New York, plaintiff alleged that she tripped and fell on a manhole in a crosswalk at the intersection of Second Avenue and 74th Street in Manhattan. She claimed, in her notice of claim, that she fell due to a “raised, cracked, depressed, missing, broken and/or mis-leveled pavement and/or manhole cover…

Read More No Explicit Denial of Lack of Prior Written Notice Results in Denial of Summary Judgment to City in Trip/Fall Case
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In Del Gallo v. City of New York (decided June 17, 2014), a tragic personal injury case arising from death and injuries sustained from a falling Central Park tree branch (complaint here), the court ruled on plaintiffs’ motion for a protective order (under CPLR 3103) regarding certain discovery requests made by defendants. While the court discussed various items sought…

Read More Court Orders Limited Access to Plaintiff’s LinkedIn Account in Personal Injury Case
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It’s a fairly typical personal injury scenario: a customer, while on defendant’s premises, slips and falls on (for example) a slippery substance, sustains injury, and sues to recover damages. What may seem like a straightforward situation is anything but. This is illustrated by the recent case of Dequinzio v. Gristedes Food, Inc., decided by New…

Read More Court Dismisses Supermarket Slip-and-Fall Case, Where Defendants Did Not Have a Reasonable Opportunity to Clean Up Injury-Causing Spill
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In 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” Status
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In 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”
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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 Lawsuit
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In 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) Claim
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