Personal Injury

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In James v. 1620 Westchester Ave. LLC, 2017 NY Slip Op 01303 (App. Div. 1st Dept. Feb. 21, 2017), a personal injury case, the court held that plaintiff was not required to disclose medical records relating to “alcohol and drug treatment, mental health information, and HIV-related information”, even though plaintiff asserted that she suffered from anxiety…

Read More Certain Medical Records Not Subject to Disclosure in Personal Injury Case
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In Jeremias v. Lake Forest Estates, No. 2015-08003, 2017 WL 424673 (N.Y. App. Div. 2d Dept. Feb. 1, 2017), a personal injury slip/trip-and-fall case, the court affirmed the lower court’s denial of defendant’s motion for summary judgment. The law, as summarized by the court: A defendant moving for summary judgment in a slip-and-fall case has the…

Read More Testimony About General Cleaning Practices Insufficient to Establish Summary Judgment for Defendant in Slip/Fall Personal Injury Case
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In Bentick v. Gatchalian, 2017 NY Slip Op 01172 (App. Div. 2d Dept. Feb. 15, 2017), an automobile accident case, the court affirmed the lower court’s decision granting plaintiff summary judgment on the issue of liability. Plaintiff and defendant collided “while the plaintiff was in the process of making a left turn from westbound Hillside Avenue…

Read More Auto-Accident Plaintiff Entitled to Summary Judgment; Evidence Demonstrated That Defendant Went Through Red LIght
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In Ledesma v. AMA Grocery, Corp., 42 N.Y.S.3d 157, 158 (N.Y. App. Div. 1st Dept. Dec. 6, 2016), a personal injury trip-and-fall case, the court affirmed the denial of summary judgment to the landlord/defendant. In this case, plaintiff alleged that they sustained injuries when they fell on a raised metal strip at the edge of…

Read More Landlord Not Entitled to Summary Judgment in Trip-and-Fall Case
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In Bogaty v. Bluestone Realty NY, Inc., 2016 NY Slip Op 08343 (App. Div. 2d Dept. Dec. 14, 2016), the court affirmed the dismissal of plaintiff’s trip-and-fall personal injury lawsuit. Here, “plaintiff allegedly tripped and fell over a wheel stop in a parking space at a small supermarket located in Great Neck.” The court summarized…

Read More Trip/Fall Case Properly Dismissed; Wheel Stop Was Open and Obvious and Not Inherently Dangeous
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Santa Claus has a difficult job. In addition to needing to violate the laws of physics, there’s always the risk of injury. This could happen in many ways, including Falling off an icy/unsalted roof, Getting stuck in a too-narrow chimney, Being burned by a lit fireplace upon descending down a chimney, Tripping and falling over scattered…

Read More Ho, Ho, Ho…Ouch! Can an Injured Santa Claus (Successfully) Sue?
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In Vera v. Low Income Mktg. Corp., 2016 NY Slip Op 08318 (App. Div. 1st Dept. Dec. 13, 2016), a personal injury/construction accident case, the court explained its decision to grant plaintiff’s, and deny defendant’s, motion for summary judgment. At issue was plaintiff’s status. From the decision: The motion court properly granted plaintiffs’ motion for partial summary…

Read More Workers’ Compensation Board Finding Regarding “Employment” Was Not Preclusive in Construction Accident (Labor Law § 240(1)) Case; Injured Plaintiff Was Not a “Volunteer”
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In Serin v. Soulcycle Holdings, LLC, 2016 NY Slip Op 08179 (App. Div. 1st Dept. Dec. 6, 2016), the Appellate Division unanimously reversed a lower court’s order granting defendant’s motion for summary judgment. The court held: Although defendant made a prima facie showing that the spin cycle on which plaintiff was injured was not defective and…

Read More Spin Cycle Personal Injury Case Continues; Claim Not Barred By Release
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In Pearce v. Home Depot U.S.A., Inc., No. 14 CIV. 6836, 2016 WL 4540832 (S.D.N.Y. Aug. 30, 2016), the court denied defendant’s summary judgment motion on plaintiff’s personal injury / slip-and-fall claim. In sum, plaintiff claimed that they were injured when they slipped on a wet substance while in defendant’s store. As explained by the court,…

Read More Slip/Fall Case Continues; Destruction of Video Leads to Inference of Constructive Notice
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In Goodwin v. Dix Hills Jewish Ctr., 2016 NY Slip Op 07293 (App. Div. 2nd Dept. Nov. 9, 2016), a construction accident case, the court held that plaintiff established a violation of New York Labor Law § 240(1). It therefore modified a lower court order denying plaintiff’s, and granting defendant’s, motion on that issue. Here are the…

Read More Injured Worker Who Fell From Ladder Entitled to Summary Judgment on Labor Law 240(1) Claim; Work Was Ancillary to Covered Activity of “Altering”
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