Hearsay

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In Alex v. Gen. Elec. Co., No. 12-cv-1021, 2016 WL 1057042 (N.D.N.Y. Mar. 14, 2016), the court dismissed plaintiff’s race-based hostile work environment claim. From the decision: Plaintiff’s deposition testimony that one or more unidentified co-workers told Plaintiff that Defendant Lanoue had referred to Plaintiff as “N—–” (behind her back) is inadmissible. Specifically, the alleged statements…

Read More Court Dismisses Race Discrimination/Hostile Work Environment Claim; “N-Word” Evidence Was Inadmissible Hearsay
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Negligence cases, particularly those arising from car accidents, involve many facts, and hence questions of fact that are typically for a jury. However, there are situations where a plaintiff might be entitled to judgment as a matter of law. One example of such a situation is the case of State Farm Fire & Cas. Co. v.…

Read More Plaintiff Awarded Summary Judgment in Auto Accident Case Where Defendant’s “Sneezing Fit” Was Documented in Police Report
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Snowy entrance to 8th Street subway station Snowy entrance to 8th Street subway station

In car accident litigation, a police report often supplies useful information. But is it admissible in court? That was an issue addressed by the Second Department in Memenza v. Cole, 2015 NY Slip Op 06789 (App. Div. 2d Dept. Sept. 16, 2015). The court summarized the law as follows: Facts stated in a police report…

Read More Improperly-Admitted Redacted Police Accident Report Results in New Trial Following Defense Verdict in Personal Injury (Pedestrian Knockdown) Case
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In Ramsaran v. Booz & Co. (N.A.) Inc., No. 1:14-CV-708-GHW, 2015 WL 5008744 (S.D.N.Y. Aug. 24, 2015), the Southern District of New York granted defendant’s motion for summary judgment on plaintiff’s pregnancy discrimination claim. In sum: After a series of documented negative reviews regarding her job performance, Ms. Ramsaran was fired. At the time that…

Read More Pregnancy Discrimination Case Dismissed
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