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Landlord’s Demand for Excessive Late Fees Compels Dismissal of Landlord’s Summary Non-Payment Proceeding, According to Queens County Civil Court

New York Summary Eviction Proceedings: Statutory Notice Requirement. In the New York metropolitan area, the vast majority of eviction cases are filed as “summary proceedings” in either Civil Court of the City of New York, or in a District Court if the case is outside of NYC.  Summary proceedings are intended to provide landlords with

New York Lawsuit Alleging Constructive Discharge Based On Unwanted Sexual Comments And Touching Allowed To Proceed

New York County Supreme Court:  Employee’s Allegations of Unwelcome Touching, Sexual Comments and Threats of Termination Meet the Standard for Alleging Sexual Harassment Marc A. Rapaport Managing Member, Rapaport Law Firm, PLLC   Last week, the New York County Supreme Court (Hon. Francis A. Khan, III, J.S.C.), issued a decision allowing a former bookkeeper to

Are You Suffering Sexual Harassment at Work?

Some Suggestions for Protecting Your Legal Rights by New York City Employment Lawyers Marc Rapaport and Meredith Miller Sexual Harassment/Sex Discrimination:  The phrase “sexual harassment” has historically been used to describe unwelcome sexual conduct, such as sexual advances or any other verbal, physical or other type of conduct of a sexual nature. The phrase “sexual

New York Appellate Court Holds that Employer’s Failure to Sign Severance Agreement Does not Render it Unenforceable

In a decision issued on June 25, 2019, New York’s Appellate Division for the First Department allowed an employee to proceed with his lawsuit to enforce the severance provisions of an employment agreement, even though his former employer never counter-signed the agreement. The decision was issued in the matter Michael Lord v. Marilyn Model Management,

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

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