Personal Injury

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In Derezeas v. Robert H. Glover & Assoc., Inc., decided October 16, 2014, the Appellate Division, First Department, held that the Supreme Court properly denied defendant’s motion for summary judgment. That is, plaintiff gets to have her case decided by a jury. Plaintiff was a pedestrian who was injured when an individual participating in defendant’s running…

Read More Pedestrian Literally “Run Down”; Case Continues
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In Achaibar v. City of New York, a personal injury car accident case, the Supreme Court, Queens County denied defendant City’s motion for summary judgment. Here are the facts: [Plaintiff testified that] the traffic signal, at the intersection of Hillside Avenue and 212th Street, was blinking yellow-amber at the time of the occurrence. Notably, the…

Read More No Summary Judgment for Defendant City in Car Accident Case Involving Alleged Broken Traffic Light
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In Williams v. New York City Tr. Auth. (decided 10/8/14), the Appellate Division, Second Department affirmed a judgement entered on a jury award of $480,000 (reached by applying the jury’s determination that defendant was 80% at fault in the happening of the accident to its assessment of $600,000 in damages sustained by plaintiff). Here are the…

Read More Court Affirms $480,000 Jury Award to Trip-and-Fall Plaintiff
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In Abraham v. Chelsea Piers Mgt., Inc. (decided Oct. 7, 2014), the Appellate Division, First Department unanimously reversed the denial of defendant’s motion for summary judgment. Here are the facts of this tragic personal injury case, involving the drowning death of a trespasser: In the early morning hours of April 1, 2009 plaintiff’s decedent drowned in…

Read More Chelsea Piers Not Liable for Drunk Trespasser’s Drowning Death
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In Elhorin v. Western Beef, Inc., the court denied defendants’ summary judgment motion seeking dismissal of plaintiff’s personal injury slip-and-fall lawsuit. Plaintiff alleged that he sustained injuries when he slipped and fell on a piece of cardboard on the floor of defendant’s supermarket. As is common in these cases, defendant argued that it did not…

Read More Slip/Fall Case Continues, Based on Statement by Store Manager Regarding Notice of Condition
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Here is the complaint filed in Supreme Court, Richmond County (Staten Island) by firefighter Andrew Cannon against homeowner Kudar Uday. Plaintiff seeks recovery for injuries sustained while battling a fire at defendants’ house. At common law, the so-called “firefighter’s rule” in New York barred firefighters and police officers from recovering for injuries caused by negligence in…

Read More Injured Firefighter Sues Homeowner
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In Hermina v. 2050 Valentine Ave. LLC, the Appellate Division, First Department reversed summary judgment in favor of defendants. In this personal injury case, plaintiff sustained injuries when the window in her apartment suddently fell while her hands were on the window sill. In reversing summary judgment, the court held: Triable issues of fact exist as…

Read More Falling Window Personal Injury Case Continues
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In Samarskaya v. MVAIC, Judge Bluth of the New York Supreme Court, New York County denied defendant Motor Vehicle Accident Indemnification Corporation’s (MVAIC) motion for summary judgment. Plaintiff alleged that while riding her bicycle, she was struck by an opened rear passenger-side door of a taxi, which then drove off. Under Article 52 of the…

Read More MVAIC Denied Dismissal in Case of Cyclist “Doored” by Taxi Passenger
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Here is the complaint, recently filed by model Carolina Rommel, against the owner of NoHo restaurant Public. Plaintiff alleges that, while dining at defendant’s restaurant in October 2011, she “bit into a rock contained in a warm lentil salad that had been served to her by defendant. It further alleges: Plaintiff’s injuries have been exacerbated…

Read More This Restaurant’s Salad Rocks (Not in the Good Way)
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In D’Agostino v. YRC, Inc., the Appellate Division, Second Department affirmed the denial of summary judgment on liability in favor of the plaintiff, who was struck in the rear. Here are the facts: During the late night hours of October 22, 2010, the plaintiff was driving in the northbound right lane of Interstate 87, near…

Read More Possible Explanation for Rear-End Collision Precludes Summary Judgment in Favor of Rear-Ended Plaintiff
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