Suzan Cherichetti

On August 2, 2023, the Appellate Division, Second Department in Valencia v. Glinski, upheld the lower court’s decision that granted summary judgment to homeowner defendants dismissing the claims against them under the Labor Law though discovery had not yet been complete. The defendants in this matter purchased a single-family residence in East Hampton. During renovations […]

On July 27, 2023, the Supreme Court of New York, Bronx County, in Fata v. Heskel’s Riverdale LLC, an action for damages resulting from a trip and fall in a parking garage, issued a decision on a plaintiff’s motion to strike defendant’s answer based on an alleged spoliation of evidence. The defendant cross-moved for summary judgment […]

When bringing a cause of action based on the theory of respondeat superior, New York courts have determined that “a sexual assault perpetrated by an employee is not in furtherance of an employer’s business and is a clear departure from the scope of employment, having been committed for wholly personal motives.” Recently, in Browne v […]