Personal Injury

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In Guzman v. Broadway 922 Enters., LLC, decided July 2, 2015, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment on plaintiff’s snow/ice slip-and-fall case. The court considered, and rejected, defendant’s defense based on the so-called “storm in progress” rule. In addition, it provides an example of one way a…

Read More Snow/Ice Slip-and-Fall Case Continues Based on Testimony that Ice Was “Dark” and “Dirty”
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In Aycardi v. Robinson, 2015 Slip Op 04249 (App. Div. 1st Dept. May 19, 2015), the court addressed the not-uncommon scenario where the plaintiff seeks to hold the employer of an alleged wrongdoer liable under the principle of vicarious liability. In this case, plaintiff pedestrian asserts that she was hit by a car being driven by…

Read More Questions of Fact Regarding Vicarious Liability Preclude Summary Judgment in Car Accident Case
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News of the recent tragic death of Kasey Jones, who fell to her death as she tried to use a fire escape to re-enter her apartment, illustrates (perhaps ironically) the potential risks associated with these life-saving, and quintessentially New York City, building appendages. A case recently decided by the Appellate Division, First Department, Lombardi v. Partnership…

Read More Fire Escape Injury Case Continues
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In Spearin v. Linmar, L.P., 129 AD3d 528 (App. Div. 1st Dept. June 16, 2015), a personal injury case, the court addressed an issue that is coming up with increasing frequency: namely, the extent to which a plaintiff’s social media postings must be turned over in discovery. The court reversed a lower court decision that “ordered…

Read More Piano-Playing Plaintiff’s Facebook Posts Ordered for In-Camera Inspection
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In DiMarzo v. Jones Lang LaSalle Ams. Inc. (App. Div. 1st Dept. June 11, 2015), the Appellate Division, First Department affirmed the denial of defendants’ motion for summary judgment. In this personal injury / trip-and-fall case, plaintiff alleged that they were injured after tripping and falling on an extension cord on defendants’ premises. The court explained: The…

Read More Extension Cord Trip-Fall Case Continues
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In Doerr v. Goldsmith, decided by the New York Court of Appeals on June 9, 2015, the New York Court of Appeals (for non-New York readers, New York’s highest court) reversed the decision of the First Department in Doerr v. Goldsmith, 110 AD3d 453, which permitted a claim arising from a dog-related injury to continue.…

Read More NY Court of Appeals Adheres to “Vicious Propensity” Rule for Dog-Related Injuries
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New York Labor Law § 240(1) is a formidable statute that, when applicable, holds “contractors and owners and their agents” absolutely liable for certain injuries sustained by construction workers. The statute’s reach, however, is not absolute. By its terms, Labor Law § 240(1) affords protection to workers engaged in the “erection, demolition, repairing, altering, painting, cleaning or pointing…

Read More Worker Struck on Head by Falling Tree Trunk Not Protected by Labor Law § 240(1)
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