A recent Second Department case, Martino v. Patmar Properties, Inc., illustrates the operation of the summary judgment procedure in a premises liability case. There, the plaintiff’s father was injured when he fell in an apartment he rented from the defendant. The court explained the general law: A property owner has a duty to maintain the property…
Read More Tenant v. Landlord Injury Case ContinuesFrom Mamadou S. v. Feliciano, decided December 23, 2014 by the Appellate Division, First Department: Plaintiff, at the time an eighth grade student, was injured when he darted or was pushed into the street and was hit by a car while playing tag in front of his school. Although the driver of the car was…
Read More Eighth Grade Student Hit By Car May Continue LawsuitIn Ciliotta v. Ranieri, a dog bite case, the Supreme Court, Kings County, dismissed plaintiff’s case, finding that there was insufficient evidence that the dog had “vicious propensities” as required by New York law. It all started with a friendly discussion between neighbors. Involving thrown dog poo and choking: On April 14, 2011, Defendant Nicole…
Read More Brooklyn Dog Bite Case Dismissed Where Protective Dog Was Not Shown to Have “Vicious Propensities”As illustrated by a 1930 First Department products liability case, there are, apparently, worse things than shooting your eye out with a toy gun. Setting yourself on fire, for example. From Crist v. Art Metal Works, 230 A.D. 114, 116, 243 N.Y.S. 496, 497 (App. Div. 1930) aff’d, 255 N.Y. 624, 175 N.E. 341 (1931): Defendant…
Read More Toy Gun DangerIn Stanziale v. City of New York, the Appellate Division, Second Department held that a pedestrian walkway on which plaintiff allegedly slipped and fell was not part of the “sidewalk” for purposes of the statute shifting liability to private property owners. In this case, the plaintiff slipped on fell on snow and ice on a pedestrian ramp abutting…
Read More Pedestrian Ramp Was Not Part of the “Sidewalk”; Ice Slip/Fall Case DismissedIn Arashkovitch v. City of New York (2nd Dept. 12/17/14), a snow/ice slip-and-fall case, the court affirmed the denial of defendants’ motion for summary judgment. Here is the law: Homeowners of single-family homes that are owner-occupied, such as the appellants, are exempt from liability imposed pursuant to section 7-210(b) of the Administrative Code of the City of New…
Read More Creating or Exacerbating Icy Condition May Give Rise to Liability in Personal Injury CaseYes, you read that right. The case is Youngblood v. East Neck Nursing Home, decided by the Supreme Court, Suffolk County on December 3, 2014. Here are the facts, according to the court: [Plaintiffs’] verified complaint alleges that Bernice Youngblood, an 85-year-old resident of the Center, suffered injuries … when the Center hired male strippers to…
Read More Nursing Home Stripper Theft Case ContinuesOne type of “premises liability” case arises from injuries sustained on a landowner’s property as a result of a third-party’s acts, namely, criminal conduct. However, whether an injured plaintiff can recover depends on the third party’s status. As explained by the Appellate Division, First Department in Hierro v. New York City Housing Authority (decided December…
Read More No Landlord Liability Where On-Premises Assault Not Committed by “Intruders”A recent First Department decision, Cruz v. Lise, held that the plaintiff – whose car was rear-ended by the defendant’s car – was entitled to summary judgment. In reversing the lower court’s denial of plaintiff’s motion for summary judgment, the court held: In support of her motion, plaintiff submitted an affidavit averring that she had…
Read More But They Stopped Short! Too Bad, Says Court: Rear-Ended Plaintiff Gets Summary Judgment in Rear-End Car Accident CaseIn Delva v. New York City Tr. Auth., the Appellate Division, Second Department explained the “emergency doctrine” in the context of a pedestrian knockdown case. A jury found in favor of plaintiff, and defendants moved to set aside the verdict pursuant to CPLR 4404(a). The trial court denied defendants’ motion, and the appellate court affirmed. Specifically,…
Read More Trial Court Properly Declined to Charge Jury with the “Emergency Doctrine” in Bus Accident/Pedestrian Knockdown Personal Injury Case