Default Judgment

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In Lopez v. Mama’s Fried Chicken, Inc., 2022 NY Slip Op 01124 (NY App. Div. 1st Dept. Feb. 22, 2022) – involving claims of failure to pay wages, sexual harassment, discrimination, and retaliation – the First Department unanimously affirmed a lower court’s Order denying defendant’s motion to vacate a default judgment entered in plaintiff’s favor.…

Read More Sexual Harassment Default Judgment Upheld; “Law Office Failure” Argument Rejected
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In Nakeshia Nikki Jones v. Industry One Mobile, Inc, 19-01023, 2021 WL 4955905 (S.D. Ala. Oct. 8, 2021), the court, inter alia, recommended that the court grant (as a sanction) plaintiff’s motion for a default judgment on her claim for sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision:…

Read More Sexual Harassment Allegations, That Boss Terminated Plaintiff For Rejecting Sexual Advances, Sufficient
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In Francis v. Ideal Masonry, Inc., 2020 WL 6737463 (E.D.N.Y. Nov. 17, 2020), a race discrimination case, the court (upon review of a Magistrate Judge’s Report & Recommendation) denied defendants’ motion to vacate a default judgment. Plaintiffs, who are both Black males and immigrants. alleged that while employed by defendant, their supervisor, “used racist epithets…

Read More “Strategic”, “Willful” Default in Race Discrimination Case Will Not Be Vacated
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In Antoine v. Brooklyn Maids 26, Inc. et al, 19-cv-5676, 2020 WL 5752186 (E.D.N.Y. Sept. 26, 2020), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment sexual harassment against defendants, and therefore granted plaintiff’s motion for a default judgment. From the decision: Plaintiff’s hostile work environment claim hinges primarily on two incidents.…

Read More Sexual Harassment/Hostile Work Environment Claim Sufficiently Alleged Against Brooklyn Maids 26, Inc. and Individual Defendant
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In Angulo v. 36th Street Hospitality LLC, 2020 WL 4936961 (S.D.N.Y. August 24, 2020), a sexual harassment/hostile work environment case, the court adopted the Magistrate Judge’s Report & Recommendation (R&R) of damages to be awarded following the defendant’s default. Plaintiff’s allegations, as summarized by the court, are as follows: Plaintiff previously worked as a waitress…

Read More Sexual Harassment Plaintiff’s Damage Award Adopted by Court
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In King v. Daniel Shoes, No. 13080/12, 2018-10611, 2020 N.Y. Slip Op. 01151, 2020 WL 808729 (N.Y.A.D. 2 Dept., Feb. 19, 2020) – a sexual harassment/hostile work environment case – the Appellate Division affirmed a lower court’s award of a default judgment against defendants on the issue of liability pursuant to 22 NYCRR 202.27(a) and…

Read More Sexual Harassment/Hostile Work Environment Default Judgment for Plaintiff Upheld; Defendants Did Not Demonstrate a Reasonable Excuse for Non-Appearance at Trial
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In Lation v. Fetner Properties, Inc., 2017 WL 6550691 (S.D.N.Y., 2017), the court addressed claims by a Manhattan building concierge (plaintiff Lation) arising from harassment by a resident of, and an owner of one unit in, the condominium where plaintiff worked (defendant Thomas Chiu). The court compelled arbitration against Defendants 1212 Fifth Avenue Condominium and Fetner…

Read More Concierge Sufficiently Alleges Intentional Infliction of Emotional Distress, But Not Employment Discrimination, Claims Against Building Resident
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In Styka v. My Merchants Services LLC et al (EDNY 14-cv-6198 (March 15, 2016)), an employment discrimination/sexual harassment/hostile work environment/retaliation case, Eastern District of New York Magistrate Judge Scanlon recommended awarding plaintiff $120,000 to compensate her for emotional distress (in addition to other damages, such as back pay and punitive damages) following defendants’ default. This case…

Read More Court Recommends Award of $120,000 in Emotional Distress Damages in Gender Discrimination/Hostile Work Environment/Sexual Harassment Case
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In Drice v. My Merch. Servs., LLC, 2016 WL 1266866 (E.D.N.Y. Mar. 4, 2016), Eastern District of New York Magistrate Judge Go recommended that plaintiff be awarded (among other damages) $20,000 for emotional distress. (Judge Brodie adopted the Magistrate’s report at 2016 WL 1266948 (E.D.N.Y. Mar. 31, 2016)). The below excerpts are from the Magistrate’s report and recommendation.…

Read More Court Awards Sexual Harassment Plaintiff Emotional Distress Damages of $20,000 Following Defendants’ Default
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