App. Div. 1st Dept.

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

In O’Halloran v. Metropolitan Transp. Auth., 2019 NY Slip Op 01318 (App. Div. 1st Dept. Feb. 21, 2019), an employment discrimination case, the Appellate Division, First Department unanimously affirmed the lower court’s decision granting plaintiff’s motion (pursuant to CPLR 3124) compelling the defendant to provide certain discovery. Citing New York CPLR 3101(a) and relevant case law,…

Read More Order Compelling Discovery in Employment Discrimination Case Affirmed

In Cubelo v. City of New York, 2019 NY Slip Op 00689 (App. Div. 1st Dept. Jan. 31, 2019), the court affirmed the dismissal of plaintiff’s discrimination and retaliation claims. Plaintiff – who was born in Spain – alleged that he was “passed over for several promotions in his employment as a civil engineer with…

Read More Court Affirms Dismissal of Engineer’s Discrimination and Retaliation Claims

In Sims v Trustees of Columbia University, No. 156566/13, 8262, 2019 N.Y. Slip Op. 00672, 2019 WL 385366 (N.Y.A.D. 1 Dept., Jan. 31, 2019), the Appellate Division, First Department held that the lower court properly dismissed plaintiff’s discrimination and retaliation, but not plaintiff’s hostile work environment, claims. As to plaintiff’s hostile work environment claims, the court…

Read More “Bubbles” Chimp Hostile Work Environment Claim Resurrected From Summary Judgment Dismissal

A recent decision, Grant v. Almonte, 2019 NY Slip Op 00057 (App. Div. 1st Dept. Jan. 3, 2019), provides some insight into the mechanics of an “open court” settlement under New York Civil Practice Law & Rules 2104. That statute provides: An agreement between parties or their attorneys relating to any matter in an action, other than…

Read More Marking Court File Did Not Qualify as a CPLR 2104 Stipulation

In Marino v. City of New York, 2018 NY Slip Op 09027 (App. Div. 1st Dept. Dec. 27, 2018), the court affirmed the dismissal of plaintiff’s complaint alleging employment discrimination. From the decision: Plaintiff’s timely allegations fail to state claims for employment discrimination (see Askin v Department of Educ. of the City of N.Y., 110 AD3d 621…

Read More City Not Responsible For Alleged Discrimination By Police Pension Fund, Court Holds

In Tzamarot v. JP Morgan Chase & Co., 2018 NY Slip Op 09023 (App. Div. 1st Dept. Dec. 27, 2018), the court unanimously affirmed the dismissal of plaintiff’s slip-and-fall complaint. The court (tersely) stated: Dismissal of the complaint was proper since plaintiff’s attempt to walk on top of a curbside mound of snow as a shortcut…

Read More Attempted Shortcut Leads to Injury, Dismissal of Slip-and-Fall Complaint