The First Department awarded an employee summary judgment on a New York City Human Rights Law cooperative-dialogue claim while leaving reasonable-accommodation claims for trial.
A divided First Department dismissed negligent-supervision claims against The Carsey-Werner Company because no alleged assault occurred on its premises or through its resources.
The First Department held that incorporating the AAA Commercial Rules did not guarantee a commercial-panel arbitrator and that the AAA or arbitrator must first resolve a challenge to employment-division routing.
A divided First Department held that conflicting accounts of a trench accident and evidence of available bracing precluded summary judgment under Labor Law § 240(1).
The First Department reinstated a hedge-fund jury verdict, holding that overlapping facts and a theoretical risk of inconsistent findings did not justify retrying five rejected counterclaims.
The First Department dismissed a school aide’s injury claim because a recess contractor owed no third-party duty and an errant basketball was an assumed risk.
The First Department held that a scaffold can violate Labor Law § 240(1) by tipping during operation even without a physical defect, and rejected sole-proximate-cause and recalcitrant-worker defenses.
The First Department reinstated a Labor Law § 241(6) claim over a cracked exterior step while preserving negligence issues and dismissing contribution claims barred by the Workers’ Compensation Law.
The First Department reverses a Supreme Court order annulling a DOC demotion, holding that provisional appointments under Civil Service Law § 65 carry no tenure and no right to a hearing — and that a provisional appointment does not ripen into permanent status through the passage of time, only through civil service examination.
The First Department holds that the Bronx County Historical Society is an “employer” subject to the Labor Law’s minimum wage obligations, and clarifies that in-kind compensation (rent, utilities) offsets unpaid wages owed to a live-in caretaker — not liquidated damages.
The First Department affirms trade secret liability against a competing IT recruiter whose principal received a current, updated candidate resume from a CTC employee—holding that the currency of the profile, not just the candidate’s identity, was the protectable trade secret.
The First Department dismisses age discrimination and hostile work environment claims against Elliott Management but reinstates a NYCHRL retaliation claim where the employee was terminated three months after relaying a colleague’s HR complaint.
The Appellate Division, First Department, affirms summary judgment for a construction worker who fell when a ladder shifted rapidly, holding that contradictory testimony about the manner of descent is immaterial under Labor Law § 240(1) and that descending a ladder facing away from the rungs constitutes comparative negligence — not a sole-proximate-cause defense — to the Scaffold Law’s absolute liability.
The First Department affirmed denial of a Labor Law wage-claim plaintiff’s motion to renew his opposition to a statute-of-limitations cross-motion, holding that his failure to raise the COVID-19 Executive Order toll in the original motion — despite knowing about it — converted the renewal attempt into an improper reargument with no appellate remedy.
The First Department affirmed vacatur of a procedural default and permission to file an amended complaint alleging sexual assault claims revived by the Adult Survivors Act (CPLR 214-j), holding that expired assault and battery claims are properly revived when the underlying conduct constitutes a ‘sexual offense’ under Penal Law article 130.
The First Department reversed reinstatement of a sexual harassment claim against a condo board whose president allegedly harassed his personal assistant, holding that NYCHRL employer liability requires an employment relationship—agency alone is insufficient.
The First Department reinstated a detective’s NYCHRL/NYSHRL retaliation claims after he objected to a supervisor’s national-origin remark and his gun and shield were confiscated days later, while affirming dismissal of his Civil Service Law §75-b and discrimination claims.