49-5. Landlord-Tenant Relationships. Bhanmattie Kumar was walking on a sidewalk in Flushing, New York, when she tripped over a chipped portion of the sidewalk and fell. The defective sidewalk was in front of a Pretty Girl store one of a chain of apparel stores headquartered in Brooklyn-on premises leased from PI Associates, LLC. Kumar filed a claim in a New York state court against PI, seeking to recover damages for her injuries. PI filed a cross-claim against Pretty Girl. On what basis would the court impose liability on PI? In what situation would Pretty Girl be the liable party? Is there any circumstance in which Kumar could be at least partially responsible for her injury? Discuss. [Bhanmattie Rajkumar Kumar v. PI Associates, LLC, 125 A.D.3d 609, 3 N.Y.S.3d 372 (2 Dept. 2015)] (See Landlord-Tenant Relationships.)
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- Sam and Eleanor Gaito purchased a home from Howard Frank Auman, Jr., in the spring of 2011. Auman had completed the construction of the house in November 2006. In the interim, three different parties had lived in the house for brief periods, but Auman had retained ownership. The last tenants, the Ashleys, experienced difficulties with the home’s air conditioning system. Repairs were attempted, but no effort was made to change the capacity of the air conditioning unit. When the Gaitos moved into the house in June 2011, they too had problems with the air conditioning. The system created only a ten-degree difference between the outside and inside temperatures. The Gaitos complained to Auman on a number of occasions, but extensive repairs failed to correct the cooling problem. In May 2014, the Gaitos brought an action against Auman, alleging that the purchase price of the home included central air conditioning and that Auman had breached the implied warranty of habitability. At trial, an…In 2001,Troy Stubblefield, the owner of Shreveport Air Tools, a company that sold equipment for the petroleum, automotive, and construction industries, was prompted to create an online business when he lost one of his major customers to an early online retailer. Online retailing was a new and risky prospect at the time, but Troy was an early adopter of the business model. Lacking the necessary technical skills to create an e-commerce website, he turned to his son Ryan, who set up the first ToolTopia.com site. Relatively soon afterward, they realized their best option was to function as an affiliate, which meant they processed orders and askedb their suppliers to actually fill the orders. The Stubblefields needed people with technology and sales skills to grow ToolTopia.com and eventually they replaced their part-time help with a combination of full-time and part time employees. As the company grew, it also become a virtual workplace, with employees working from various locations and…Lend Co. discovered that one of its employees, Dana, is an alcoholic. Her manager realized that Dana's alcoholism must be the reason for her absenteeism. To help Dana overcome her alcoholiśm, the employer provided her with counseling services and also asked her to make a firm choice between treatment and discipline. Lend Co. also offered outpatient treatment, and Dana participated in the program without success. When all of these efforts failed, Lend Co. offered to provide inpatient treatment, and Dana refused. Lend Co. fired Dana. According to the courts: O A. Dana has a valid claim under the Americans with Disabilities Act because she willingly participated in the outpatient treatment, even though it did not produce positive results. O B. Lend Co. is not liable under the Americans with Disabilities Act because it offered a reasonable accommodation, and Dana refused. O C. Lend Co, is liable under the Americans with Disabilities Act because it failed to offer Dana time off from…
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- A property manager tells Marisa, who is Afro- Latina, that no apartments are available in an apartment complex. Marisa wonders if she has been discriminated against on the basis of her race. She asks her partner, who is white, to apply for the unit. Her partner's application is accepted. Marisa decides to file a discrimination complaint with HUD. How long does she have from the time of the violation to file? Marisa has one year to file with HUD. Marisa has six months to file with HUD. Marisa has 90 days to file with HUD. If she also wants to file a civil lawsuit, however, she has two years. Marisa has two years to file with HUD. However, it is unlikely that HUD will take the case since property managers are not coveredSubject - account Please help me. Thankyou.Girly will have the burden of "going forward," meaning that she has to establish the elements of her claim. If she meets the "prima facie claim," then the defendant MMLP will have the burden that the actions taken against Girly were for a legal reason. If MMLP can meet this burden, the burden then shifts back to Girly to prove that the reason MMLP gave is a pretext (or coverup) for discrimination. (See Chapter 21, p.454) 1. Sexual Discrimination: Does Girly have a via claim for intentional sexual discrimination, that is that she is being treated differently based on her gender? Reference specific facts from the case and apply them to the law to reach your final opinion. 2. Sexual Harassment: Does Girly have a viable claim of sexual harassment against MMLP based on "quid pro quo" sexual harassment OR hostile working environment. Both types are discussed in your text.