May 17, 2014 - Pospis Law, PLLC

May 17, 2014 by mjpospis

Notice of Claim Sufficiently Alleged Playground Equipment’s Defective Design

Under New York law, a plaintiff suing a municipality (including the City of New York) must first file what is called a “Notice of Claim.” The particulars of the Notice of Claim requirement are spelled out in General Municipal Law § 50-e. In Jimenez v. City of New York, decided May 15, 2014, the Appellate Division, First…

Court Considers Weight and Force Generated By Falling Object in Granting Injured Worker Summary Judgment on Labor Law 240(1) Claim

In Tria v. Regis High School (decided April 14, 2014), the court granted plaintiff’s motion for summary judgment on his Labor § 240(1) claim, but denied it with respect to plaintiff’s Labor Law § 241(6) claim. Plaintiff was injured when, while unloading a tractor trailer of press board panels and stacking them on an A frame dolly, the…