Personal Injury

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In Pinkham v. West Elm, 2016 NY Slip Op 05899 (App. Div. 1st Dept. Aug. 25, 2016), a trip-and-fall personal injury case, the Appellate Division, First Department reversed a decision denying defendants’ motion for summary judgment. That is, plaintiff loses. From the decision: Defendants established entitlement to judgment as a matter of law in this action…

Read More Personal Injury (Premises Liability) Case Dismissed Against West Elm
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In Tighe v. North Shore Animal League Am., 2016 NY Slip Op 05807 (App. Div. 2d Dept Aug. 17, 2016), a dog bite case, the court reversed a lower court’s denial of defendant’s motion for summary judgment. The facts: On May 19, 2012, the plaintiff adopted a dog from an animal shelter, the defendant North Shore…

Read More Dog Bite Case Dismissed; Plaintiff Was Aware of Adopted Dog’s Vicious Propensities
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Ceiling-collapse cases are one type of “premises liability” personal injury case. Generally, a landowner has an obligation to maintain their property in a reasonably safe condition. In Lozano v. Mt. Hope Place Props., Inc., 2016 NY Slip Op 05545 (App. Div. 1st Dept. July 14, 2016), a ceiling-collapse case, the court affirmed the dismissal of plaintiff’s…

Read More Ceiling Collapse Personal Injury Case Dismissal Affirmed
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In Oluwatayo v. Dulinayan, 2016 NY Slip Op 05455 (App. Div. 1st Dept. July 7, 2016), the court clarified the distinction – in the context of a rear-end car accident case – between (i) plaintiff’s freedom of culpability and (ii) defendants’ alleged negligence. Here, plaintiff was entitled to summary judgment as to (i), but not as…

Read More “Innocent” Rear-Ended Plaintiff Entitled to Summary Judgment as to His Lack of Culpable Conduct, But Not With Respect to Defendants’ Negligence
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In Abboud v. Pawelec, 2016 NY Slip Op 05448 (App. Div. 1st Dept. July 7, 2016), a personal injury/car accident case, the court unanimously affirmed summary judgment for plaintiff. The court explained: Plaintiff established her entitlement to judgment as a matter of law on the issue of liability, in this action where plaintiff’s vehicle collided with the…

Read More Negligent Left Turn Results in Summary Judgment for Car Accident Plaintiff
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In Brothers. v. 574 9th Ave. Rest. Corp., No. 1458, 2016 WL 3341787 (N.Y. App. Div. 1st Dept. June 16, 2016), a slip-and-fall case, the court affirmed the denial of defendants’ motion for summary judgment. From the decision: The testimony of defendant bar proprietor that he personally inspected the bathrooms and areas outside the bathrooms, just…

Read More Slip/Trip and Fall on Water/Debris Case Survives Summary Judgment
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In Ingram v. Life Fitness, 2016 NY Slip Op 05085 (App. Div. 1st Dept. June 28, 2016), the court reversed a denial of summary judgment to defendants, and directed the clerk to enter judgment dismissing the complaint. In her complaint, plaintiff alleged that, while she was attempting to step on a treadmill – identified in the…

Read More Treadmill Injury Claim Dismissed; Plaintiff Assumed the Risk
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In Mero v. Vuksanovic, 2016 NY Slip Op 05025 (App. Div. 1st Dept. June 23, 2016), the court modified a lower court order to reinstate plaintiff’s allegations concerning defendants’ failure to install smoke detectors. This case concerns the application of NYC Administrative Code § 27-2045, which pertains to the duties of the owner and occupant with respect to…

Read More Wrongful Death Action, Based on Failure to Install Smoke Detectors, Continues
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