Negligent Hiring/Supervision

From KM v. Fencers Club, Inc., 2018 NY Slip Op 05923 (App. Div. 2d Dept. Aug. 29, 2018): A necessary element of a cause of action alleging negligent hiring or negligent supervision of an employee is that the “employer knew or should have known of the employee’s propensity for the conduct which caused the injury” (Kenneth R.…

Read More Fencing School Held Not Liable for Sexual Assault of Minor By Coach

In a Manhattan federal lawsuit, captioned Rodriguez v. Highgate Hotels (SDNY 16-cv-05736, filed July 19, 2016), plaintiff (a male hotel worker) alleges that he was terminated for having a relationship with a female co-worker, while the defendant did not discipline (and in fact celebrated) a “clandestine romantic relationship” between a male supervisor and his male subordinate. Plaintiff…

Read More Gender and Sexual Orientation Discrimination Lawsuit By Heterosexual Hotel Worker

In Haight v. NYU Langone Med. Ctr., Inc., No. 13 CIV. 4993 (LGS), 2016 WL 29628 (S.D.N.Y. Jan. 4, 2016), the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment (sexual harassment) and disability discrimination claims, but granted it with respect to her negligent supervision/retention claims. (2014…

Read More Pediatric Nurse’s Sexual Harassment and Disability Discrimination Claims Against NYU Langone Medical Center Survive Summary Judgment

In Tansey v. Coscia, 2015 NY Slip Op 31778(U) (Sup. Ct. Suffolk Cty., Sept. 21, 2015), the court denied the defendant bar’s motion for summary judgment on plaintiff’s Dram Shop Act and negligent supervision claims. In this personal injury case, the plaintiff alleged that he was assaulted by another patron, defendant Nicholas Coscia, while inside defendant’s…

Read More Dram Shop Act Claim, Arising From Bar Patron Assault, Survives Summary Judgment

Every first-year law student reads the case of Palsgraf v Long Is. R.R. Co., 248 NY 339 [1928], arguably the leading case in New York on the issue of whether a defendant had a duty to plaintiff in a negligence case. In Gonzalez v. City of New York, 2015 Slip NY Slip Op 06869 (App. Div.…

Read More Court Reinstates Negligence Claims Against City Arising From Fatal Shooting By Off-Duty Officer

Here is the lawsuit, recently filed by Georgina Spence, against Insomnia Cookies and its deliveryman Keith Moody. The suit alleges, inter alia: That on November 3, 2014 plaintiff Georgina Spence was violently contacted by defendant’s employee Keith Moody without cause, provocation or justification while in the course of his employment as an employee of defendant Insomnia…

Read More $10M Lawsuit Against Insomnia Cookies for Alleged Attack by Deliveryman

A recent Appellate Division, Second Department decision, Sicuranza v. Philip Howard Apts. Tenants Corp. (decided 10/22/14), held that the plaintiff’s claims of sexual harassment, battery, negligent hiring, and negligent supervision were barred by a release executed by the plaintiff as part of a separation agreement she entered into with her former employer, nonparty Cooper Square Realty, Inc.…

Read More Release Bars Sexual Harassment, Battery, Negligent Hiring, and Negligent Supervision Claims

In Lee v. Woori Bank (decided Aug. 21, 2014), the New York Supreme Court held that plaintiff adequately pleaded a negligent hiring and retention claim. In this case, plaintiffs asserted claims for retaliation, battery, negligence, and sexual harassment. Specifically, they alleged that Mr. Yoo, along with five other managers and executives from Korea, consistently used foul…

Read More Negligent Hiring and Retention Claims Continue Against Korean Bank

In Haight v NYU Langone Med. Ctr. (decided June 27, 2014), the Southern District of New York held that plaintiff, a pediatric nurse, sufficiently pleaded claims for hostile work environment sexual harassment, disability discrimination, and negligent hiring/retention. Plaintiff alleged, among other things, that a co-worker discussed plaintiff’s medical problems with other NYU employees, put her hands…

Read More Nurse Sufficiently Alleges Hostile Work Environment Sexual Harassment