Practice Areas

When Does a Financial Contribution from a Spouse’s Parents Constitute a Loan versus a Gift? The “Gift v. Loan Conundrum” in New York Equitable Distribution Law

When parents of a husband or wife make a significant financial contribution to a married couple, does this contribution constitute a loan or a gift under New York divorce law?  The answer to this question can significantly affect how assets and debts are equitably divided in a divorce.  If a spouse’s parents’ financial contribution is

Successfully Asserting a Claim for Fraud in a New York Lawsuit Involving a Commercial Contract

In countless commercial contract cases, New York courts have dismissed plaintiffs’ causes of action for fraud that are solely premised on assertions that a defendant entered into a contract without intending to perform its obligations.  These types of claims are deemed to be merely duplicative of a claim for breach of contract.  See, e.g., Yenrab,

Federal Court in New York City Questions Veracity of Nail Salon’s Tax Returns and Allows Salon Workers’ Overtime and Minimum Wage Claims to Proceed to Trial

Nail Salons and other beauty care establishments have become notorious in New York City for their egregious violations of minimum wage and overtime laws. Each day, legions of immigrant women work unspeakably long hours for wages that fall far below the amounts required by the New York Labor Law (NYLL) and Fair Labor Standards Act

Rapaport Law Firm Files Proposed Class Action Lawsuit on Behalf of More Than 1,872 NYC Rent Stabilized Tenants

In 2017, attorneys Marc Rapaport and Meredith Miller of Rapaport Law Firm filed a proposed class action lawsuit against SKYC Management and Greisman Realty alleging that residents of fifty apartment buildings in Manhattan and the Bronx were victims of rent and security deposit overcharges. We are demanding financial damages and injunctive relief on behalf of

Appellate Court Dismisses Teacher’s Defamation Lawsuit Against School District Because Calling Someone a “Bitch” is an Opinion, Not a Fact

In its November 23, 2016 decision in Pall v. Roosevelt Union Free Sch. District, the Appellate Division, Second Department, affirmed the granting of summary judgment dismissing the plaintiff’s claim for defamation. The order granting summary judgment had been made below by the Supreme Court, Nassau County Justice Michele M. Woodard. Plaintiff, who was employed by

Appellate court holds that temporal proximity does not create inference of disability discrimination unless the employer knew about the employee’s disability at the time of firing

In its October 12, 2016 decision in Tibbetts v. Pelham Union Free School District, the Appellate Division, Second Department, affirmed the granting of summary judgment dismissing the plaintiff’s complaint for disability discrimination. The order granting summary judgment had been made below by the Supreme Court, Westchester County Justice Smith. Plaintiff, who was employed by the

Complaint for Wrongful Termination Based on Psychological Disability is Reinstated by New York Appellate Court

In its February 11, 2015 decision in Regan v. City of Geneva, the Appellate Court, Fourth Department, reinstated the complaint for disability discrimination of a former police officer who was suspended from his job after he was arrested for driving while intoxicated. Shortly after he was suspended, the plaintiff entered into a rehabilitation program for

Federal Court Denies Long Island Restaurant’s Bid to Dismiss Executive Chef’s Overtime Claims

A decision issued last week by the Federal Court in Brooklyn breaks new ground in wage and hour law by imposing a hefty evidentiary burden on employers who try to deprive their employees of overtime by classifying them as “executives”. The decision was issued by Eastern District Judge Arthur D. Spatt in the case Karropoulos

Bengals cheerleaders settle their wage class action but still aren’t allowed to wear panties

Because wage and hour lawyers have already pursued class action lawsuits against nearly all of the obvious targets (restaurants, car washes, pharmaceutical sales, and loan officers, just to name a few), creative attorneys have increasingly turned to more esoteric industries, such as strip clubs, Uber drivers, and cheerleading. During the past three years, overtime claims

Court Reinstates Overtime and Minimum Wage Protections for Home Care Workers

On Friday, August 21, 2015, the Obama administration’s regulations granting overtime and minimum wage protection to 2,000,000 home care workers were reinstated by the U.S. Court of Appeals for the District of Columbia Circuit. The appellate court concluded that the Labor Department’s regulations were justified by the massive changes in the home care industry that

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