Date: 02-04-1998

Case Style: Roger Hendricks, etc., et al. v. 333 Bayville Avenue Restaurant Corp., et al.

Case Number: Not Known

Judge: McCarty

Court: Supreme Court, Nassau County, New York

Plaintiff's Attorney: Robert D. Frankfort and Scott Koltun of Frankfort and Koltun, Deer Park, New York.

Defendant's Attorney: Patricia L. MacDonnell Garden City, New York; Martin McGlynn of Klein, DiSomma, and McGlynn.

Description: Negligence - Sexual Harrassment - The infant plaintiff was employed by the defendant beginning in April 1993. On July 13, 1993, she attended a private party for the defendant's employees which was organized by a coworker and held at a restaurant near the Club. During the party, the infant plaintiff was attacked and raped on the beach by four men who worked in the Club's kitchen. Plaintiff commenced this action against, among others, the Club, in which they alleged a common-law negligence cause of action and a cause of action alleging sexual harrassment pursuant to the State Human Rights Law.

Outcome: Court granted the defendant's motion for summary judgment to the extent of dismissing those claims arising out of rape.

Plaintiff's Experts: None

Defendant's Experts: None

Comments: The decision was affirmed by the Supreme Court, Appellate Division, Second Department. See: 688 N.Y.S.2d 593 (A.D.2 Dept. 1999). Reported by EMHD.