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MSSSV Wins Summary Judgment in Federal Age Discrimination Employment Case Before the Southern District
Justice Baisley of the Suffolk County Supreme Court granted summary judgment to our client, Friends of Bradstock (FOB), dismissing plaintiff's Complaint in its entirety in this personal injury lawsuit involving a quadriplegic. The injured plaintiff had fractured his neck at the annual Labor Day weekend music festival organized by FOB, which was held at a Suffolk County park. While riding his bicycle towards a marina dock at the conclusion of the festivities, he flipped over his bicycle based upon a gap which was present between the dock and adjacent grassy area. The Court held that the organizers of the music festival owed no legal duty to the catastrophically injured plaintiff, holding that "there is no issue but that FOB had no legal duty to maintain that County owned premises and had no responsibility to control the dock area where plaintiff's bicycle wheel collided with the wood planked deck. Absent any duty to maintain and control the area where the incident occurred, no legal basis exists to find the defendant FOB responsible for plaintiff's injuries and therefore defendant FOB's motion seeking an order granting summary judgment dismissing the complaint and all cross claims asserted against it must be granted." Richard S. Sklarin worked on this matter from inception. [More]

MSSSV Wins Summary Judgment in Federal Age Discrimination Employment Case Before the Southern District
Judge Daniels of the Southern District of New York granted summary judgment to our client Columbus Citizens Foundation, Inc. regarding its termination of an employee ,after the EEOC had found probable cause that his age was a motivating factor in his dismissal. The Court dismissed all claims of age discrimination under the Age Discrimination in Employment Act and the New York State and New York City Human Rights laws. We were able to establish as a matter of law that the employee had been fired for documented misconduct. The Court adopted our argument that a jury could not find age discrimination was even a motivating factor in the termination without speculation on several levels, and that the nondiscriminatory reasons proffered for the termination by the employer were thus not pretextual. Michael A. Miranda and Robert Hewitt worked on this matter. [More]