Personal Injury

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In Moriarty v. Lenox Terrace Development Associates (NY Sup. Ct. 3/24/15), the plaintiff sought to recover for injuries she sustained after tripping and falling upon exiting a misleveled elevator in her building. She relied, in part, on the theory of “res ipsa loquitur”. The court explained that, in order to invoke that doctrine, a plaintiff…

Read More Elevator Misleveling Trip-and-Fall Case Proceeds to Trial on Res Ipsa Loquitur Theory
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In Connolly v. 129 East 69th St. Corp., a personal injury trip-and-fall case, one defendant moved for summary judgment to dismiss plaintiff’s case. The Supreme Court granted the motion. The Appellate Division, however, reversed that decision, finding that the defendant filed its motion one day after the motion filing deadline: Supreme Court’s individual part rules…

Read More Summary Judgment Motion Filed One Day Late Deemed Untimely in Personal Injury Case
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A recent decision, Martinez v. Lincoln Center (Sup. Ct. Bx. Cty. Apr. 8, 2015), illustrates that attorneys who engage in obstructionist conduct at depositions do so at their peril. In this personal injury action, plaintiff, a laborer, was injured when he slipped and fell on debris in an underground garage at Lincoln Center. The court granted…

Read More Violation of Deposition Rules Results in $250 Sanction Against Defense Attorney in Personal Injury Case
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In Kurtz v. Supercuts, Inc. – a personal injury / premises liability / slip-and-fall case – the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment. The court explained: Summary judgment was properly denied in this action where plaintiff alleges that she was injured when she slipped and fell on a…

Read More Hair Salon Slip/Fall Case Continues
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In Dosanjh v. Satori Laser Ctr. Corp. (App. Div. 1st Dept. Apr. 16, 2015) – a personal injury case arising from burns sustained by the plaintiff during a laser hair removal procedure – the court discussed the limitations on the doctrine of “res ipsa loquitur” in a negligence case. The court unanimously reversed the Supreme Court’s…

Read More Expert Testimony Required to Prove Negligence in Laser Hair Removal Injury Case, Court Holds
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In Jangana v. Nicole Equities LLC (App. Div. 1st Dept. Apr. 9, 2015), a trip-and-fall case, the Appellate Division, First Department rejected the defendants’ argument that the alleged injury-causing defective condition – here, a moving carpet – was “trivial” as a matter of law. The court explained: Summary judgment was properly denied in this action…

Read More Carpet Trip/Fall Case Continues
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In Bednark v. City of New York (decided April 2, 2015), a bus-related personal injury case, the Appellate Division, First Department modified a lower court’s order granting summary judgment to the the defendant City of New York to deny that motion. The facts: Plaintiff was injured when, while disembarking from the rear doors of a…

Read More “Bus Stop” Includes Sidewalk; Summary Judgment to City Denied
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Generally, the purpose New York’s “scaffold law” (New York Labor Law § 240(1)) is to protect construction workers from the pronounced risks arising from construction work site elevation differentials. A recent First Department case, Jordan v. City of New York (decided March 26, 2015), illustrates that what might seem like relatively small elevation differentials can nevertheless implicate…

Read More Force, Not Height, Is Key In a Labor Law 240(1) Construction Accident Case
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A recent Appellate Division decision, Valverde v. Great Expectations, LLC (decided March 31, 2015) is an example of a defense failure to make a prima facie showing to summary judgment in a personal injury premises liability case. The court affirmed the lower court’s denial of defendants’ motion, without considering plaintiff’s responsive papers. From the opinion: Defendants…

Read More Questions re Notice Result in Denial of Summary Judgment in Golf Path Trip/Fall Case
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