D Motion for Summary Judgment Denied

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Under New York law, a plaintiff suing a municipality (including the City of New York) must first file what is called a “Notice of Claim.” The particulars of the Notice of Claim requirement are spelled out in General Municipal Law § 50-e. In Jimenez v. City of New York, decided May 15, 2014, the Appellate Division, First…

Read More Notice of Claim Sufficiently Alleged Playground Equipment’s Defective Design
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The Eastern District of New York recently held, in Baron v. Advanced Asset and Property Management Solutions LLC, that plaintiff presented sufficient evidence to survive summary judgment on his disability discrimination claims under the Americans with Disabilities Act and the New York State Human Rights Law. Plaintiff, who worked for defendant as an Assistant Controller,…

Read More Disability Discrimination Claims Survive Summary Judgment
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In Herrera v. Dulisse, a car accident case, the Appellate Division, First Department reversed the lower court’s grant of summary judgment to defendant on plaintiff’s claim that she suffered a “serious injury”. Defendant “failed to establish his entitlement to judgment as a matter of law with respect to plaintiff’s claims under the ‘permanent consequential limitation of…

Read More Evidence of Bulging Disc and 20% Loss of Use of Cervical Spine Sufficient to Meet Serious Injury Threshold in Car Accident Case
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In Donohue v. Finkelstein Memorial Library, the Southern District of New York recently denied defendant’s motion for summary judgment on plaintiffs’ sexual harassment (hostile work environment) claims. Generally, a plaintiff asserting a hostile work environment claim must establish two things: first, conduct rising to a sufficient level that constitutes a “hostile” or “abusive” working environment, and second,…

Read More SDNY Applies “Alter Ego/Proxy” Theory in Denying Defendant’s Motion for Summary Judgment in Sexual Harassment/Hostile Work Environment Case
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Don’t cry fight over spilled milk alcohol. That’s the (non-legal) takeaway from Selmani v City of New York, in which the Appellate Division, Second Department permitted plaintiff’s claims for negligent hiring, supervision, training, and retention to continue against defendants City of New York and the New York City Fire Department. The case arose from injuries sustained by plaintiffs during…

Read More Bar Brawl Case Continues Against City and FDNY on Negligent Hiring/Supervision/Training/Retention Theory
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In Kang v. Almanzar, the Appellate Division, First Department recently modified the trial court’s grant of summary judgment to defendant on the issue of whether plaintiff suffered a “serious injury” to her right shoulder under the “significant limitation in use” category set forth in Insurance Law § 5102(d). Initially, Defendants made a prima facie showing that…

Read More Plaintiff Presents Sufficient Evidence of “Significant Limitation” to Right Shoulder to Meet “Serious Injury” Threshold
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Today’s case summary comes out of the Second Department. In the illuminating decision of Conneally v. Diocese of Rockville Centre, decided April 23, 2014, the court affirmed the trial court’s denial of defendants’ motion for summary judgment. This case addresses a landowner’s duty to properly light their premises. “At about 9:00 p.m. on August 20, 2009,…

Read More Plaintiff Survives Summary Judgment in Premises Liability Case Involving Alleged Inadequate Lighting
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In Brown v. Crowdtwist, the Southern District of New York (Judge Baer) recently denied defendant’s motion for summary judgment on plaintiff’s age discrimination claim under the New York City Human Rights Law. The court held that the plaintiff, a 43-year old male, presented sufficient evidence that he was terminated by internet startup technology company Crowdtwist…

Read More Age Discrimination Claim Against Internet Startup Crowdtwist Survives Summary Judgment
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In McGuinness v Concentric Health Care LLC, the Appellate Division, First Department permitted plaintiff’s New York City Human Rights Law-based age discrimination and retaliation claims to continue. As to plaintiff’s discrimination claim: Defendants failed to demonstrate that they did not discriminate against plaintiff on the basis of her age. Plaintiff, who was 49 when she was…

Read More Age Discrimination and Retaliation Claims Continue Against Pharmaceutical Advertising Agency
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In Ferrara v. Middleton, the Appellate Division, First Department recently held that plaintiff raised an issue of fact as to whether he satisfied the “serious injury” threshold of New York’s “No Fault Law” sufficient to defeat defendants’ motion for summary judgment.  Defendants met their initial burden on summary judgment: Defendants established prima facie that plaintiff did…

Read More Plaintiff Raises Fact Issue as to Whether Shoulder Injury Constitutes a “Serious Injury” Under the No-Fault Law
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