2014

by

In DaSilva v. New York City Transit Authority, the Appellate Division, First Department denied defendant’s motion for summary judgment.  In this trip-and-fall case: Plaintiff allegedly tripped and fell on a step on stairway P4A which accesses a platform in the Rockefeller Center, IND division subway station. It appears that metal treads installed on the horizontal…

Read More Trip/Fall on Subway Steps Survives Summary Judgment
Share This:
by

Here is the pro se complaint recently filed by Gwen Goodwin against Melissa Mark-Viverito and Eastside Managers’ Associates.  Plaintiff lost the primary for the Democratic Party nomination for New York City Council for District 8. She alleged that defendants were responsible for the placement of this mural, which according to the complaint depicts a “decapitated and…

Read More Voodoo Lawsuit Against Melissa Mark-Viverito
Share This:
by

A recent Eastern District of New York decision, Berroyer v. U.S., illustrates that paying taxes can be literally painful. Plaintiff and his wife sued the United States of America under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), seeking recovery for injuries sustained during a meeting with an IRS auditor. Plaintiff was injured when “his foot became caught…

Read More Fall in IRS Office Results in $712,000 Award
Share This:
by

In Addonisio v. City of New York, the Appellate Division, First Department modified the trial court’s ruling and vacated the dismissal of plaintiff’s Labor Law § 241(6) claim against the City of New York and his Labor Law § 200 and common-law negligence claims against Con Ed.  It affirmed, however, the dismissal of plaintiff’s Labor Law §…

Read More Electrocuted Worker Can Continue Suit Against the City of New York and Con Edison
Share This:
by

In Bellini v Gypsy Magic Enters., Inc., the Appellate Division, Second Department held that plaintiff’s complaint should have been dismissed.  Plaintiff alleged that she sustained injuries after she tripped and fell over a wheel stop located in a parking lot of a strip mall in Wantagh. “While a landowner has a duty to maintain its premises in…

Read More Since Wheel Stop Was “Open and Obvious”, Trip and Fall Complaint Should Have Been Dismissed
Share This:
by

In Anderson v. Edmiston & Co., Inc., the Supreme Court, New York County recently held that plaintiff sufficiently alleged gender discrimination, sexual harassment/hostile work environment, and retaliation under the New York City Human Rights Law. Plaintiff alleged that while employed by defendant company, her supervisor, Robert Shepherd, made various remarks implying “his disrespect for women…

Read More Plaintiff Sufficiently Alleged Gender Discrimination, Sexual Harassment, and Retaliation Claims Under the New York City Human Rights Law
Share This:
by

In Dominguez v. 2520 BQE Assoc., LLC, the Appellate Division, First Department recently affirmed the denial of defendant Time Warner Cable’s (TWC) motion for summary judgment. First, the facts: Plaintiff was injured when he slipped and fell on a sheet of ice at the top landing of a four-to-five step staircase as he exited a…

Read More Ice Slip/Fall Case Continues
Share This:
by

In Xiong Chen v. Weiqi Zhang, the Eastern District of New York recently denied both parties’ motions for summary judgment. Plaintiff worked as a waiter for Andy’s Restaurant in Brooklyn and made $150 per week before tips.  There were no records detailing plaintiff’s employment, his weekly work schedule, the hours he worked, or the money he…

Read More Factual Issues Preclude Summary Judgment in Overtime Case
Share This:
by

In Nelson v. Tamara Taxi, the Appellate Division, First Department reversed a summary judgment dismissing plaintiff’s complaint on the ground that he did not establish a “serious injury” under the Insurance Law. In this car accident case, plaintiff alleged that he sustained serious injuries when the front of his vehicle was struck by a taxi.…

Read More Evidence of Injuries to Spine, Shoulder, and Knee Sufficient to Defeat Summary Judgment as to “Serious Injury” in Car Accident Case
Share This: