Personal Injury

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In Rodriguez v Judge and Community Church of Astoria, 2015 NY Slip Op 07828 [132 AD3d 966] (App. Div. 2nd Dept. Oct. 28, 2015), the court explained and applied the well-known tort doctrine of “respondeat superior”, under which an employer is liable for the torts of its employees. Here are the (briefly-summarized) facts of this personal…

Read More Church Not Liable to Plaintiff for Assault/Battery by Employee’s Husband
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In Irizarry v. 1915 Realty LLC, 2016 NY Slip Op 00009 (App Div. 1st Dept. Jan. 5, 2016), the Appellate Division, First Department reversed the lower court’s order granting summary judgment to defendant on plaintiff’s personal injury/premises liability/slip-and-fall case. Teh court explained: Triable issues of fact regarding whether defendant caused or created the wet stair condition…

Read More Wet Stairway Slip/Fall Case Survives Summary Judgment
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In Elsayed v. Al Farha Corp., 2015 NY Slip Op 07813, 132 AD3d 942 (App. Div. 2nd Dept. Oct. 28, 2015), the Second Department affirmed the denial of defendant’s motion for summary judgment. Plaintiff alleged that he fell into opened sidewalk cellar doors of a building owned by defendant T&T Steinway, LLC, from which defendant tenant…

Read More Cellar Door Personal Injury Case Continues; Defendant Failed to Establish That it Was an Out-of-Possession Landlord
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The tragic story of Connor Cummings, who died while trying to take a photo atop NYC’s Four Seasons Hotel, is making the rounds. Assuming Mr. Cummings was trespassing, might he have a claim? It depends. A recent Second Circuit decision, Philip v. Deutsche Bank Nat. Trust Co., No. 14-4054-CV, 2015 WL 6642978 (2d Cir. Nov. 2, 2015) (Summary…

Read More Court Affirms Dismissal of Trespasser’s Personal Injury Case
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In a lawsuit filed on December 30, 2015 in New York Supreme Court (Figueroa v. Ministry for Foreign Affairs of Sweden et al., Index # 163141/2015), plaintiff Carlos Figueroa, a chauffeur and office clerk employed by the Sweden’s New York Mission to the United Nations, asserts various claims, including for personal injuries (sustained while assembling…

Read More Personal Injury and Discrimination Lawsuit Against Sweden’s New York Mission to the United Nations
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Negligence cases, particularly those arising from car accidents, involve many facts, and hence questions of fact that are typically for a jury. However, there are situations where a plaintiff might be entitled to judgment as a matter of law. One example of such a situation is the case of State Farm Fire & Cas. Co. v.…

Read More Plaintiff Awarded Summary Judgment in Auto Accident Case Where Defendant’s “Sneezing Fit” Was Documented in Police Report
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In Santiago v Weisheng Enters. LLC, the Appellate Division, First Department affirmed the denial of summary judgment to defendants on plaintiff’s personal injury claim. From the decision: Defendants property owner and lessee-restaurant failed to establish their entitlement to judgment as a matter of law, in this action where plaintiff alleges that he was injured when he…

Read More Defendants Not Entitled to Summary Judgment on Plaintiff’s Slip/Fall Claim
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