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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 Danger
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In 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 Dismissed
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In 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 Case
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Yes, 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 Continues Smiling man in suit with striped yellow tie
One 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”
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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 Case
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In 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
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If a picture is worth a thousand words, a video must be worth… more. A recent decision, Franco v. Palmer (Supreme Court, Queens County, decided December 1, 2014), illustrates the significant benefits of video evidence in a car accident case. The court granted summary judgment to the plaintiff, finding that a surveillance video of an…
Read More Video Surveillance Tape Results in Summary Judgment for Plaintiff in Car Accident Case
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In Powers v. 31 E 31 LLC, 2014 NY Slip Op 07084, 24 NY3d 84 (Ct. App. Oct. 21, 2014), the Appellate Division, First Department affirmed the denial of defendants’ motion for summary judgment dismissing the complaint. I had previously written about the Court of Appeals’ October 21, 2014 decision in plaintiff’s favor on various…
Read More Case Arising From Plaintiff’s Fall Down Air Shaft Continues
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According to recent reports, motorcyclist Miguel Mercado was killed after being thrown from his motorcycle and struck by an oncoming vehicle on the Henry Hudson Parkway. One source, citing police reports, reported: Miguel Mercado, 44, of The Bronx, was traveling southbound in the left-hand lane about 9 p.m. Saturday when he hit the highway’s center…
Read More Fatal Motorcycle Accident on Henry Hudson Parkway