Author: mjpospis

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In Contreras v. United Rentals (North Am.) Inc., a car accident case, the Supreme Court, Suffolk County, denied defendants’ motions for summary judgment dismissing plaintiffs’ complaint on the ground that they did not suffer a “serious injury” within the meaning of New York Insurance Law § 5102(d). Marcos Conteras was driving, and Nydia Contreras was…

Read More Evidence of “Serious Injury” Precludes Summary Judgment for Defendants in Tractor Trailer Accident Case
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In Lehman v. Bergmann Associates (decided March 31, 2014), the Western District of New York held that plaintiff adequately pleaded some, but not other, employment discrimination claims. The case provides a good review of federal pleading standards for various employment-related claims. Plaintiff alleged that she was the first woman to hold a senior management position at…

Read More Court Provides Guidance on Pleading Employment Discrimination Claims
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I came across an interesting sign (pictured) on my way to work this morning. We’ve all seen signs stating (with some variation) that the business “reserves the right to refuse service to anyone”. While it sounds impressive to “reserve rights”, it’s helpful to understand what rights are being reserved. Can a business really refuse service…

Read More The “Right” to Refuse Service
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In Halsey v New York City Transit Authority, 114 AD3d 726, the Second Department affirmed a judgment, entered on a jury verdict in plaintiff’s favor, in the principal amount of $3,000,000 for future pain and suffering. Plaintiff was injured when a bus on which she was riding struck a utility pole. Plaintiff’s injuries included a protruding…

Read More Court Affirms $3 Million Future Pain and Suffering Jury Award in Bus Accident Case
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In Prince v. Lovelace, decided March 4, 2014, the Appellate Division, First Department reversed a trial court’s decision that plaintiff did not suffer a “serious injury” under New York’s “No-Fault” Law, Insurance Law § 5102(d): Defendant failed to establish prima facie that plaintiff did not suffer a serious injury to his right knee as a…

Read More “Serious Injury” to Knee in Car Accident Case
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Jahn v. SH Entertainment, LLC is a slip-and-fall case decided by the First Department on May 8, 2014. The court affirmed the denial of defendant’s motion for summary judgment. Plaintiff was injured when he slipped and fell on water. Generally, “[a] defendant who moves for summary judgment in a slip-and-fall case has the initial burden of…

Read More Slip/Fall Case Continues; Employees May Have Left Out Bags of Ice
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Here is the complaint recently filed by Natasha Reyes against the City of New York. She alleges that while sledding in Riverside Park, “she was caused to sustain severe and serious injuries when her sled went through a hay barrier and into a park bench that was located immediately behind the barrier.” She claims, among other…

Read More Sledding Injury Lawsuit
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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…

Read More Notice of Claim Sufficiently Alleged Playground Equipment’s Defective Design
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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…

Read More Court Considers Weight and Force Generated By Falling Object in Granting Injured Worker Summary Judgment on Labor Law 240(1) Claim
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Fire escape ladders are a ubiquitous feature of New York City’s residential neighborhoods. They can also, as demonstrated by numerous court decisions, be a source of injury. One such decision is Taveras v Quisqueya II Housing Company, decided by Supreme Court, Queens County on May 8, 2014. The facts: On October 19, 2008, at 3:20…

Read More Locked-Out Tenant Injured on Fire Escape Ladder Loses Case
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