Personal Injury

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In Williamson v Ogden Cap Props., LLC, decided January 27, 2015, the Appellate Division, First Department affirmed the denial of defendant’s summary judgment motion, permitting plaintiff’s claims to continue. From the decision: Defendants failed to make a prima facie showing that they lacked constructive notice of the alleged defective mailbox panel, because it is undisputed…

Read More Failure to Inspect Alleged Defective Mailbox Panel Results in Continuation of Postal Worker’s Personal Injury Case
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Cellar doors are a ubiquitous aspect of New York City life. As illustrated by a recent tragedy in which a man who apparently fell to his death through a cellar grate at 1281 Bedford Avenue in Brooklyn, they can be dangerous – even deadly. Property owners are required to maintain their property in a reasonably…

Read More Cellar Door Injuries
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In Coley v. NYC Housing Authority (decided January 20, 2015) – an ice slip-and-fall case – the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment. It reasoned: Defendant failed to establish its entitlement to judgment as a matter of law in this action where plaintiff was injured when she slipped…

Read More Issues of Fact in Ice Slip/Fall Case Result in Proper Denial of Summary Judgment to Defendant
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In Horn v. 197 5th Ave. Corp., the Appellate Division, Second Department held that plaintiff’s trip-and-fall case should have been dismissed. Plaintiff sued “to recover damages for injuries she sustained when she allegedly tripped and fell over a sidewalk cellar door adjacent to the defendants’ property at 197 Fifth Avenue in Brooklyn.” There was, however, a…

Read More Cellar Door Trip/Fall Case Should Have Been Dismissed; Errata Sheet Could Not Be Used to Correct Location of Accident
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In Smith v. New York City Housing Authority, a slip-and-fall case decided January 14, 2015, the Appellate Division, Second Department held that the Supreme Court should have denied defendant’s motion for summary judgment. “A real property owner or a party in possession or control of real property will be held liable for injuries sustained in…

Read More Black Ice Slip/Fall Case Continues
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In Beceren v. Joan Realty LLC, decided January 14, 2015, the Appellate Division, Second Department held that a defendant property owner was entitled to dismissal of plaintiff’s slip-and-fall case. In this case, plaintiff alleged that she was injured when she slipped and fell on water in a vestibule area in Brooklyn apartment building owned or maintained…

Read More Slip/Fall Case Dismissed; “Inherently Slippery” Smooth Floor Was Not An Actionable Defect
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In Rodriguez v. County of Westchester, a snow/ice slip-and-fall case, the Appellate Division, Second Department affirmed the denial of the motion for summary judgment filed by the listing broker for the property on which plaintiff fell. Here are the facts, as summarized by the court: The plaintiff allegedly was injured when she fell while walking…

Read More Snow/Ice Slip-and-Fall Case Continues Against Property’s Listing Broker
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Growing up, I spent a lot of time playing “manhunt” with my friends. Thankfully, unlike the plaintiff in a recent case, we never suffered any injuries while playing. Here are the facts of Wolfe v. North Merrick Union Free School District, 2014 NY Slip Op 07499, 122 AD3d 620 (App. Div. 2nd Dept. Nov. 5,…

Read More Plaintiff Injured During Game of “Manhunt” Did Not Assume Risk; Case Continues
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In Ndiaye v. NEP W. 119th St. LP, a slip-and-fall personal injury case, the Appellate Division, First Department reversed the trial court’s order granting defendant’s motion for summary judgment. Plaintiff sued to recover damages for injuries she allegedly suffered when she slipped and fell on ice on the front steps of defendant’s building. Defendant claimed…

Read More Court Rejects “Storm-In Progress” Argument in Reversing Summary Judgment for Defendant in Ice Slip/Fall Case
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In Bencebi v. Baywood Realty, LLC, a stairway-fall personal injury case, the Appellate Division, Second Department reversed the lower court’s order granting summary for defendant. That is, plaintiff’s case continues to trial. Here are the facts: [Plaintiff sued] to recover damages for personal injuries allegedly sustained by her when she fell while descending an interior…

Read More Lack of Handrail Cited in Denial of Summary Judgment to Defendant in Stair-Fall Personal Injury Case
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