Legal Opinion

Nelson v. Lattner Enterprises

Appellate Division of the Supreme Court of the State of New York

Decided July 18, 2013Published

1Opinion of the CourtSpain, J.

Appeal from an order of the Supreme Court (Lebous, J.), entered April 5, 2011 in Broome County, which granted defendants’ motions to dismiss the complaint.

Plaintiff, a restaurant manager from 2002 to 2007 for defendant Lattner Enterprises of N.Y., a franchisee of defendant McDonald’s Corporation, alleges that her supervisor, defendant Douglas Lattner, repeatedly subjected her to sexual harassment. She claims that she reported the harassment to corporate employees of McDonald’s Corporation, which aided and abetted the harassment by failing to warn her of Lattner’s predilection for sexual…

2Cases cited18 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Mandarin Trading Ltd. v. WildensteinNew York Court of Appeals · 2011
  3. 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
  4. Centro Empresarial Cempresa S.A. v. América Móvil, S.A.B. de C.V.New York Court of Appeals · 2011
  5. Austin Instrument, Inc. v. Loral Corp.New York Court of Appeals · 1971

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