In Ingleton v. Brooks Shopping Centers, the Appellate Division, First Department affirmed the denial of summary judgment to defendant ECI Contracting. The court held: ECI’s motion was properly denied in this action where plaintiff Norma Ingleton alleges that she was injured after falling on a staircase constructed by ECI. Although a contractual obligation does not…
Read More Contractor May Be Liable in Staircase FallAt least now, when I want to avoid going to the gym, I can cite something legal – not necessarily legal “authority”, but a legal document nonetheless – in support. Here is the complaint filed on 11/3/14 by Elizabeth Lapp against her gym, Club 7. Plaintiff alleges, among other things, that she was injured during an instructor-led…
Read More Gym Injury LawsuitThe elements of a negligence claim brought under New York law are well settled. They are: (1) a duty owed to the plaintiff by the defendant; (2) breach of that duty; and (3) injury substantially caused by that breach. Thus, even if the defendant is negligent, there can be no recovery unless the plaintiff shows that…
Read More “Doored” Cyclist’s Case Dismissed Against MTAManhattan nightlife can be extremely exciting (I’ve heard) – sometimes in a not-so-good way. Here and below is the complaint filed on October 27, 2014 by plaintiff Amanda Keisoglu against the Hotel Gansevoort and Marie Thys (among others). Plaintiff alleges that, on August 23-24, 2014 while partying with her friends, Thys “violently, forcefully, intentionally, and in…
Read More Stiletto Stab Lawsuit Against Hotel GansevoortIn Gibbs v. Albee Tomato Co., Inc., a slip-and-fall case, the Appellate Division, First Department explained why the Supreme Court, Bronx County, properly denied defendants’ motion for summary judgment dismissing plaintiff’s complaint: Defendants did not establish their entitlement to judgment as a matter of law in this action where plaintiff was allegedly injured when he…
Read More Tomato Water Slip-and-Fall Case ContinuesRandolph v. Rite Aid of N.Y., Inc. (decided Oct. 28, 2014) provides yet another reason not to attempt shoplifting: baseball bat-yielding security guards. In this case, the Appellate Division, First Department affirms the dismissal of plaintiff’s case against Rite Aid: In this action seeking recovery for personal injuries, plaintiff alleges that on October 13, 2004, after…
Read More Shoplifting Baseball Bat Case DismissedIn Johnson v. City of New York, a personal injury case involving a drowning death, the Appellate Division, Second Department reversed the denial of summary judgment to defendant City of New York, and dismissed plaintiff’s complaint. The facts: On July 26, 2008, Akira Johnson, a 10-year-old girl, and her cousin, Tyriek Currie, a 10-year-old boy, were…
Read More City Not Liable for Coney Island Drowning DeathIn Powers v. 31 E 31 LLL, 2014 NY Slip Op 07084, 24 NY3d 84 (Ct. App. Oct. 21, 2014), a premises liability personal injury case, the New York Court of Appeals ruled in favor of the plaintiff, who sustained debilitating injuries after falling down an air shaft between two apartment buildings. The motion court…
Read More Court of Appeals Reverses Summary Judgment for Defendants in Case Arising From Fall Down Air ShaftIn Rodriguez v. Woods (a snow/ice slip-and-fall case) the Appellate Division, First Department reversed summary judgment for defendant City of New York. Plaintiff sued to recover for injuries sustained when she fell on an icy sidewalk. The main dispute in this case was “whether plaintiff raised an issue of fact as to whether the ice on…
Read More Injured Plaintiff Presents Sufficient Facts to Overcome Summary Judgment in Snow/Ice Slip-and-Fall Personal Injury CaseLast week the New York Court of Appeals issued a decision in Pelletier v. Lahm. In that tragic case, defendant driver Brittany Lahm lost control of her car when she took her hands off the wheel after a passenger untied her bikini top. The jury found in defendant’s favor, after the court instructed it on the…
Read More Court of Appeals Approves of “Emergency Doctrine” Charge in Brittany Lahm “Bikini Crash” Lawsuit