October 10, 2013

October 10, 2013 by mjpospis

Plaintiff Passenger Entitled to Summary Judgment But Only as to His Lack of Comparable Fault

In Barahona v. America Recycle, LLC, the New York Supreme Court (Queens County) on Sept. 30, 2013 granted summary judgment to plaintiff passenger, but only as to his alleged culpable conduct. In this two-car accident case, plaintiff alleged that he sustained personal injuries after the car in which he was a passenger (and which was…

Ice Slip/Fall Case Continues in Light of Fact Issues as to Constructive Notice

Winter is coming, along with winter-related hazards. Among them is so-called “black ice“. In a recent slip/fall case, Rodriguez v. Bronx Zoo Restaurant (decided Oct. 1), the Appellate Division, First Department reversed the trial court’s grant of summary judgment to defendants. Plaintiff alleged that she slipped on a patch of black ice on a “dirty or…