Personal Injury

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In Laguerre v. Kessler, a premises liability/trip-and-fall case, the Appellate Division, Second Department affirmed the denial of defendant’s motion for summary judgment. Initially, the court held that the “defendant established his prima facie entitlement to judgment as a matter of law by submitting proof that there was no defect in the subject carpeting, and that the carpeting…

Read More Stair Trip/Fall Case Continues
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In Soto v. New Frontiers 2 Hope Hous. Dev. Fund Co. (decided June 10, 2014), the Appellate Division, First Department affirmed the dismissal of plaintiff’s complaint. Plaintiff, a postal worker, was allegedly injured “when the mailbox receptacle unit in defendants’ building fell into the wall as she was closing the unit after placing the mail in the individual…

Read More Court Affirms Dismissal of Postal Worker’s Personal Injury Suit Arising From Defective Mailbox
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In Martyniak v Charleston Enters., LLC (decided June 4, 2014), a trip-and-fall action, the Appellate Division, Second Department affirmed the denial of summary judgment for defendant. Plaintiff allegedly sustained personal injuries when she tripped and fell over a piece of metal protruding from the sidewalk in front of a Target store located in Staten Island. The court…

Read More Trip-and-Fall Case Continues; Defect Not “Trivial” as a Matter of Law
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In Wittorf v. City of New York, a bicycle injury case, the Court of Appeals reinstated an approximately $2 million jury verdict against the City. The court’s decision turned on the subtle, yet critical, distinction between “proprietary” and “governmental” functions. Judge Graffeo authored the opinion. Here are the facts of this bicycle injury case: On the…

Read More Court of Appeals Reinstates $2M Bicycle Injury Verdict, Finding That Closing Road Was a “Proprietary” Governmental Function
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In Quintana v TCR, Tennis Club of Riverdale, Inc., a slip-and-call case decided June 5, 2014, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment. The court held: Defendant’s sole argument on this appeal is that it is entitled to summary judgment because plaintiff failed or is unable to identify the…

Read More Slip-and-Fall Case Continues, Where Plaintiff Expressly Testified That She “Slipped in Water”
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Below is the lawsuit, captioned Myrella Ikeda v. J. Sisters 57, Inc. et al., 14-cv-3570, recently filed in the Southern District of New York. According to the complaint: [Plaintiff] visited J. Sisters with a prominent Brazilian hairdresser and television and magazine reporter as part of a photo-shoot for a well known Brazilian fashion magazine. [Plaintiff] arrived…

Read More Model’s Botched Hair Lawsuit
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In DeRose v. Bloomingdale’s Inc., the Appellate Division, First Department held that plaintiff was entitled to partial summary judgment on liability on his Labor Law § 240(1) claim. While this case is but one data point in the ocean of Labor Law § 240(1) case law, it underscores the important point that a worker should not pay…

Read More Injured Carpenter Entitled to Summary Judgment on Liability, Where Supervisor Instructed Worker Not to Use Appropriate Scaffold
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