D Motion for Summary Judgment Denied

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On October 28, 2013, the Southern District of New York issued its opinion in Guzman v. NY Post, holding that plaintiff Sandra Guzman presented sufficient evidence to proceed on her hostile work environment, discriminatory termination, and retaliation claims. The decision was (I am sure happily) covered by the Daily News here. Plaintiff is a black, Hispanic, Puerto Rican…

Read More Hostile Work Environment, Sexual Harassment, and Race/National Origin Claims Continue Against New York Post and Col Allan
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In Hassan v. Barnes & Noble and Starbucks, plaintiffs sought to recover damages for personal injuries suffered from spilling hot tea in a Barnes & Noble. They alleged that Barnes & Noble was negligent by serving tea in a cup with an unsecured lid, and in allowing the use of an “uneven” and “wobbly” table…

Read More Personal Injury Case Arising From Hot Tea and Wobbly Table Dismissed Against Starbucks; Continues Against Barnes & Noble
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In Colon v. Fashion Institute of Technology, the Southern District of New York ruled on employment discrimination and retaliation claims brought by two plaintiffs, both Hispanic women, against FIT.  It considered claims brought by Genette Colon, a student aide, and Elvimar Rivas, a secretary, under various laws, including the Family and Medical Leave Act (FMLA),…

Read More Court Rules on Discrimination and Retaliation Claims Against Fashion Institute of Technology
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In Brumberg v. Cipriani USA, the Appellate Division, Third Department reversed a summary judgment for defendants.  In this personal injury case, plaintiff (a Cornell University professor) sued after allegedly consuming a 1.5 inch shard of wood at a Cornell University fundraiser catered by Cipriani. Initially, the court found that plaintiff presented sufficient evidence that she consumed…

Read More Cornell University Professor’s Personal Injury Case Arising From Consumption of Wood Shard Continues
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Recently, in Ciaravino v. City of New York (a trip-and-fall case), the Appellate Division, First Department reversed summary judgment for defendant and granted plaintiff’s motion for summary judgment. Plaintiff alleged that she was injured when she tripped and fell after she stepped into a depression in the street near a subway exit in Union Square Park.…

Read More Trip/Fall Suit Continues, Despite Incorrect Identification in Notice of Claim of Location of Accident
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In Ramkumar v. Grand Style Transportation Enterprises, Inc., the New York Court of Appeals recently reversed a summary judgment for defendant in plaintiff’s lawsuit seeking recovery for injuries sustained in a car accident. This case addresses the sufficiency of evidence for a plaintiff to claim that s/he suffered a “serious injury” despite their discontinuance of…

Read More Fact Issue Arising From Explanation for Gap in Treatment Precludes Summary Judgment as to “Serious Injury” in Car Accident Case
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In Singh v. Bay Crane Services, 11-cv-720 (EDNY Oct. 11, 2013), the Eastern District of New York recently denied defendant’s motion for summary judgment and allowed plaintiff, a Guyanese man of Indian descent, to proceed with his claim that he was not hired for discriminatory reasons – namely, his race and national origin. Since the court…

Read More Crane Operator’s Race and National Origin Discrimination Claims Allowed to Continue
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In Sandiford v. City of New York Dept. of Education the New York Court of Appeals (the state’s highest court) yesterday, Oct. 17, 2013, affirmed the Appellate Division’s order permitting plaintiff’s sexual orientation discrimination and retaliation claims under the New York State and City Human Rights Laws to proceed. The Court of Appeals decision is rather terse; for…

Read More Teacher May Continue Sexual Orientation Discrimination and Retaliation Claims
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In Brandt v. Zahner, decided Oct. 9, 2013, the Appellate Division, Second Department reversed summary judgment for defendant driver, thereby reinstating plaintiff pedestrian’s claims. Plaintiff claimed he was ” injured when, after crossing the westbound lane of I.U. Willets Road in Nassau County, he was struck by a vehicle driven by the defendant in the eastbound…

Read More Plaintiff Pedestrian’s Lawsuit Continues; Defendant Driver Did Not See Plaintiff Prior to Contact
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Winter is coming, along with winter-related hazards. Among them is so-called “black ice“. In a recent slip/fall case, Rodriguez v. Bronx Zoo Restaurant (decided Oct. 1), the Appellate Division, First Department reversed the trial court’s grant of summary judgment to defendants. Plaintiff alleged that she slipped on a patch of black ice on a “dirty or…

Read More Ice Slip/Fall Case Continues in Light of Fact Issues as to Constructive Notice
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