Summary Judgment for Defendant

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In Silvers v. Wells Fargo Bank, N.A., No. 15-CV-6721 (KBF), 2016 WL 5875076 (S.D.N.Y. Oct. 7, 2016), the court granted defendant’s motion for summary judgment on plaintiff’s claims of age discrimination under the Age Discrimination in Employment Act and the New York State Human Rights Law. From the decision: Plaintiff raises no triable issue of…

Read More Question About Retirement Plans Alone Insufficient to Survive Summary Judgment on Age Discrimination Claim
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The Southern District of New York’s recent decision in Eisner v. City of New York, 15-cv-1888, provides a good overview of how courts analyze discrimination claims under the Americans with Disabilities Act (ADA) and the New York City Human Rights Law (NYCHRL). It also reaffirms the principle that, absent the critical element of causation, merely…

Read More Court Dismisses Attorney’s Disability Discrimination Claims
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In Lopez v. Hollisco Owners’ Corp., No. 14-CV-3738, 2015 WL 7748358 (E.D.N.Y. Nov. 30, 2015), the court granted defendants’ motion for summary judgment on plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA) and the NYC Human Rights Law. In sum, the court held that an employer may “condition an employee’s return to…

Read More Hepatitis Disability Discrimination Claim Dismissed Under the ADA’s “Business Necessity” Exception
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In Ihim v. St. Vincent’s Hosp. Westchester, No. 11 CIV. 8024 JCM, 2015 WL 5698038 (S.D.N.Y. Sept. 25, 2015), the court granted defendants’ motion for summary judgment on plaintiff’s claims of race and national origin discrimination. Plaintiff – an African American man whose ancestors are from Nigeria – alleged that his suspension without pay was…

Read More “Where Are You From?” Held Not Probative of Discrimination; Title VII Race/National Origin Discrimination Claims Dismissed
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In Lee v. Winthrop University Hosp., 2015 WL 7161955 (E.D.N.Y.,2015), the Eastern District of New York explained its decision to grant defendants’ motion for summary judgment and dismiss his employment discrimination complaint. As to his race discrimination claims: The Plaintiff attempts to create a genuine issue of material fact by asserting that the disciplinary warnings…

Read More Court Explains Reasons for Dismissing Race & National Origin Discrimination Claims Against Hospital
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In Chaney v. Starbucks Corporation, 2015 WL 3883251 (SDNY June 23, 2015), a trip-and-fall case, the Southern District of New York granted Starbucks’ motion for summary judgment dismissing the case. The facts, from the opinion: On August 9, 2013, plaintiff John Chaney went to a Starbucks café in the Bronx for lunch. Upon entry, he…

Read More Starbucks Granted Dismissal in Phone Charger Trip/Fall Case
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Fire escape ladders are a ubiquitous feature of New York City’s residential neighborhoods. They can also, as demonstrated by numerous court decisions, be a source of injury. One such decision is Taveras v Quisqueya II Housing Company, decided by Supreme Court, Queens County on May 8, 2014. The facts: On October 19, 2008, at 3:20…

Read More Locked-Out Tenant Injured on Fire Escape Ladder Loses Case
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