SURRENDER DIDN’T EXCUSE OBLIGATION TO PAY RENT After it was hit with a $220,504.17 judgment (for not paying its rent), HLL appealed. And on its review of the record, the Appellate Division, First Department, noted that while HLL claimed that it had ceased operations back in Marchof 2020 (due to the COVID-19 pandemic), and that it had surrendered the premises by “operation of law,” there was nothing in the record which relieved the tenant of its obligations to pay its rent through the balance of the lease term. In fact, back in December of 2020, the owner sent HLL a letter noting that while it ..read more

APPLICANT ASKED ILLEGAL QUESTIONS ABOUT HIS DISABILITY An Olive Garden restaurant, out in Tarentum, Pennsylvania, interviewed a disabled individual for a busser position. And, during the interview, the manager asked questions about the worker’s disability – asking what was “wrong with” the applicant, and how “bad” his disability was. And, ultimately, was not accepted for the position because of his physical challenges. Since it believed the questions and exchange were “illegal” and violated Title I of the Americans with Disabilities Act of 1990 (ADA), the U.S. Equal Employment Opportunity Comm ..read more

ACCESS TO NON-PUBLIC INFORMATION NETTED HIM $650K On April 11, 2024, a Los Angeles federal jury convicted SB (35) of Brentwood, Los Angeles, of six counts of “inside trading.” Apparently, between 2012 and 2013, SB received non-public information from a childhood friend, who was working at J.P. Morgan Securities, and used that “inside information” to purchase stocks which ultimately netted some $650,000 in “illicit profits.” Scheduled to be sentenced on July 15, 2024, SB faces up to 20 years in prison on each count. You can count on him going to prison for a long time …. # # # USDOJ PRESS RELEA ..read more

FAILURE TO TIMELY CLOSE RESULTED IN WAIVER OF RIGHTS AND LOSS OF DOWNPAYMENT After the buyer failed to close on a $2.2mm piece of property located in Old Westbury, L.C., the seller held the buyer in default, cancelled the contract, and retained the downpayment. When the buyer later initiated a lawsuit, L.C., moved to dismiss the case, and to cancel a “notice of pendency” that had been filed against the property, and the Nassau County Supreme Court ended granting that request. On appeal, the Appellate Division, Second Department, noted that the underlying documents were clear and unequivocal. A ..read more

COMPANY TO FORK OVER $50,000 AND MUST MODIFY POLICIES AND PRACTICES American Screening, LLC, a medical testing supply company, is said to have violated federal law when it fired an employee for displaying her natural hair and later replacing her with a white worker. Apparently, when the impacted individual interviewed for a sales position with the company she wore a wig with long, straight hair. After she was hired, and started sporting naturally curly hair, the company’s owner is said to have complained about that latter look and directed that she don a wig. Because such conduct purportedly v ..read more

On April 19, 2024, VARIETY — widely known as “the most authoritative and trusted source of entertainment business news” — exclusively announced that Elodie Grace Orkin and Samuel Small are starring in SCREENING ROOM, a new short written and directed by Forbes “30 Under 30” honoree, Abdullah Khan. ▫️ Khan’s most recent film is about a couple’s encounter at a London film festival. By happenstance, a young screenwriter (Small) meets a “mysterious woman” (Orkin), and the duo appear to “bond over their shared love of cinema.” ▫️ Maria Almeida (“The Strays”), Kika Green (“House of the Dragon”), Alan ..read more

KILLED ONE MAN AND SHOT AT OTHERS BECAUSE OF THEIR RELIGION On April 3, 2024, APT (39) of Dallas, Texas, was sentenced to 37 years in prison (on five hate crime counts).  Apparently, APT went to Omar’s Wheels and Tires, “made anti-Muslin comments,” and indicated that he would return. On December 24, 2015, APT made good on his promise and asked individuals who were present at the establishment if they were Muslim and proceeded to discharge his firearm, killing one man and attempting to kill four others. In a written statement, Attorney General Merrick B. Garland noted that, “As this senten ..read more

DEVELOPER ORDERED TO PAY OVER $60K FOR UNAUTHORIZED REMOVAL After a developer sought permission to remove a tree from a neighboring property (so that it could build a new curb cut and driveway), the New York City Department of Parks and Recreation informed the company that it would first need to pay $60,200 in “restitution value” before a permit could issue. Months later, because the tree was “destroyed without authorization,” the City demanded that the company pay the delineated fee. When a special proceeding – pursuant to CPLR Article 78 – was later filed, the developer contended the City di ..read more

SCHOOL DISTRICT WRONGFULLY FORCED DISABLED EMPLOYEE TO RESIGN In early April, West Memphis School District was sued by the United States Justice Department, for denying an employee’s request for “temporary telework.” Apparently, the school science curriculum specialist suffered from a disability which required that she temporarily telework “to avoid damage to her health.” When that request was denied, the employee was forced to resign. Believing that such conduct violated Title I of the Americans with Disabilities Act (ADA), the DOJ filed suit in the U.S. District Court for the Eastern Distric ..read more

STARTED MEDICAL MALPRACTICE CASE TOO LATE After J.C. filed a “medical malpractice” case alleging that her doctor, J.E.S., failed to diagnose her breast cancer, the latter sought to dismiss the litigation, claiming he was never served with the pleadings and that the dispute was now barred by the governing statute of limitations. When the Suffolk County Supreme Court denied that dismissal request (and allowed the plaintiff an extension of time to serve the summons and complaint), an appeal ensued. On its review of the record, the Appellate Division, Second Department, noted that the J.C. had onl ..read more