App. Div. 1st Dept.

In Catalano v. Fox Tel. Stas., Inc., 2019 NY Slip Op 04463 (App. Div. 1st Dept. June 6, 2019), the Appellate Division, First Department affirmed the lower court’s dismissal on summary judgment of plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. This case is instructive on the nature and…

Read More Employer Met Obligation to Have “Interactive Dialogue” Relating to Reasonably Accommodating Plaintiff’s Disability, Court Finds

In Farkas v. River House Realty Co., Inc., 2019 NY Slip Op 04322 (App. Div. 1st Dept. June 4, 2019), the First Department affirmed the dismissal of plaintiff’s lawsuit alleging, inter alia, violation of the New York State and City Human Rights Laws and tortious interference with contract. The court summarized the allegations as follows:…

Read More Housing Discrimination Claim Dismissal Affirmed; Anti-French Motivation Not Shown

In Serrano v. DTG Enter. Inc., 2019 NY Slip Op 03469 (App. Div. 1st Dept. May 2, 2019) – a rear-end collision car accident case – the First Department reversed the denial of plaintiff’s motion for summary judgment. From the decision: It is undisputed that Serrano made a prima facie showing that he was entitled…

Read More Plaintiff Gets Summary Judgment in Rear-End Collision Case; Lack of Turn Signal Was Irrelevant

In Forman v. Whitney Ctr. for Permanent Cosmetics Corp., 155762/2015, 2019 NY Slip Op 03451 (App. Div. 1st Dept. May 2, 2019), the court affirmed the dismissal of plaintiff’s lawsuit in which plaintiff alleged (inter alia) that defendant acted negligently in performing cosmetic tattooing on the plaintiff. From the decision: Defendants’ motion for summary judgment…

Read More Citing Express Approval, Court Affirms Dismissal of yebrow Tattoo Negligence Case Dismissed

In Winklevoss v. Steinberg, 2019 NY Slip Op 02419 (App. Div. 1st Dept. March 28, 2019), the court unanimously affirmed the dismissal of plaintiffs’ defamation claim. The court based its decision on the plaintiffs’ status (public figures) and their failure to prove “actual malice”, the applicable standard under these circumstances. As to their status, the…

Read More Winklevoss Twins’ Defamation Claim Dismissed; Actual Malice Not Shown

In Zervos v. Trump, 2019 NY Slip Op 01851 (App. Div. 1st Dept. March 14, 2019), the court held, inter alia, that Summer Zervos’ defamation lawsuit against President Trump may proceed, and is not barred by the U.S. Constitution’s Supremacy Clause.[1]The court also denied defendant’s motion to dismiss plaintiff’s defamation claim for failure to state…

Read More Defamation Case Against Trump Not Barred By Supremacy Clause, First Department Holds

In McCabe v Consulate General of Canada, No. 101565/15, 8619, 8620, 2019 N.Y. Slip Op. 01651, 2019 WL 1064104 (N.Y.A.D. 1 Dept., Mar. 07, 2019), the court, inter alia, affirmed the dismissal of plaintiff’s sex and age discrimination claims under the New York State and City Human Rights Laws. From the decision: The court properly…

Read More Reduction in Force Coupled With Retention of Others Not in Plaintiff’s Protected Class Insufficient to State Claims of Age and Gender Discrimination