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September 02, 2003

Your ethics questions answered by the expert.

Jury Awards $5.2 Million in Disability Case

September 02, 2003

A jury awarded $5.2 million to a plaintiff whose former employer, a modeling agency, failed to accommodate her asthma, subjected her to a hostile work environment, and terminated her in retaliation for making complaints about smoking in the workplace. Gallegos v. Elite Model Mgmt. Corp., No. 120577/00 (N.Y. Co. Sup. Ct. 5/14/03)

Direct Evidence Not Required in Mixed Motive Case

September 02, 2003

Last month, the Supreme Court was asked to decide whether a plaintiff must present direct evidence of discrimination in order to obtain a mixed-motive instruction under Title VII, as amended by the Civil Rights Act of 1991. Desert Palace, Inc. v. Costa, 2003 WL 21310219 (U.S. June 9, 2003) The Court unanimously held that direct evidence is not required.

Real Property Law

September 02, 2003

Recent rulings of importance to your practice.

Landlord & Tenant

September 02, 2003

Recent cases of importance to your practice.

Development

September 02, 2003

Recent rulings of importance to your practice.

Cooperatives & Condominiums

September 02, 2003

Recent rulings of importance to your practice.

Index

September 02, 2003

A comprehensive list of key cases discussed in this issue.

Co-op's Fact Findings Held Binding on Eviction Court

September 02, 2003

Part One of a Two-Part Article.This commentary discusses ' critically ' a rule recently adopted by a unanimous Court of Appeals in a case in which a housing cooperative was attempting to evict a tenant deemed objectionable by his fellow shareholders. 40 W. 67th St. Corp. v. Pullman (5/13/03). In order to understand fully the significance of the Pullman rule, it must be viewed in context. The general subject is the power of a landlord to terminate a tenancy based on a lease provision authorizing such action if the tenant becomes objectionable. More specifically, the issue is what role the courts are to play in determining whether or not the tenant did or did not do the things that he is accused of doing, which things, we will assume, all would agree would render him objectionable.

Decisions of Interest

September 01, 2003

Recent decisions of interest to you and your practice.

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