Below is the complaint filed on April 15, 2014 against the City of New York and several “John Doe” police officers by Theodora Ray, who is one of the bystanders shot by the NYPD during the botched September 14, 2013 attempt to apprehend an (unarmed) Glenn Broadnax. (I previously wrote about a similar suit, arising from a…
Read More Lawsuit by Pedestrian Shot During NYPD’s Botched Apprehension of Unarmed ManIn Carriero v. Nazario, the Appellate Division, Second Department affirmed the dismissal of a lawsuit arising from injuries sustained by plaintiff when he dove into a shallow pool. Defendants “established their prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff’s act of diving into the shallow pool was the…
Read More Pool Injury Case DismissedIn Miller v. City of New York, a car accident case decided April 16, 2014, the Appellate Division, Second Department reversed the lower court’s decision denying defendants’ motion for summary judgment, and held that they were entitled to dismissal of plaintiffs’ complaint and all claims against them. This is a long way of saying “plaintiffs lose.”…
Read More Traffic Agent’s Alleged Negligent Acts Were “Discretionary”, Precluding Liability in Car Accident CaseOne type of “premises liability” case is involves an allegation that the property owner has failed to provide adequate security, which leads to an on-premises assault. In one such case, Terrero v New York City Housing Authority, the Appellate Division, First Department affirmed the denial of summary judgment to the defendant. Plaintiff sued on behalf of her…
Read More Negligent Security Lawsuit Arising From Roof Sexual Assault Survives Summary JudgmentIn Ferrara v. Middleton, the Appellate Division, First Department recently held that plaintiff raised an issue of fact as to whether he satisfied the “serious injury” threshold of New York’s “No Fault Law” sufficient to defeat defendants’ motion for summary judgment. Defendants met their initial burden on summary judgment: Defendants established prima facie that plaintiff did…
Read More Plaintiff Raises Fact Issue as to Whether Shoulder Injury Constitutes a “Serious Injury” Under the No-Fault LawThe Supreme Court, Nassau County recently held, in Gbajumo v. Mecchella, that the plaintiff was entitled to summary judgment in a rear-end car accident case. The facts: [P]laintiff had entered the Long Island Expressway eastbound, and had been traveling in the right lane for about 100 tcct (5 car lengths) when the accident occurred. Defendant testified that:…
Read More Rear-Ended Plaintiff Awarded Summary Judgment in Car Accident CaseIn Hettich v 125 E. 50th St. Co., LLC, the Appellate Division, First Department recently modified a lower court order to deny defendants’ motion for summary judgment dismissing the complaint, and affirmed the denial of plaintiff’s motion for summary judgment on liability. In this case, plaintiff was injured when the hoist cable for the dumbwaiter in…
Read More Dumbwaiter Injury Suit ContinuesIn Espiritu v. Shuttle Express Coach, Inc., a bus-bicycle accident case, the Appellate Division, Second Department reversed summary judgment for the defendant bus company. Here are the facts: [P]laintiff was riding his bicycle south on Adams Street in Brooklyn when he was struck on the left side by a private shuttle bus owned by the defendant…
Read More Wrong-Way Injured Bicyclist May Continue Case Against Bus CompanyBelow is the lawsuit, captioned Scarimbolo v. The Dram Shop, Index No. 503141/2014, recently filed by “Sopranos” actor Adam Scarimbolo against The Dram Shop Bar and an as-yet unnamed bartender. Plaintiff alleges that, “while at the Dram Shop, several unruly and heavily intoxicated patrons became enraged and violent towards Plaintiff simply because a couple of women who had accompanied those…
Read More Beating of Actor Adam Scarimbolo Gives Rise to Lawsuit Against Brooklyn BarIn Cerverizzo v City of New York, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment on plaintiff’s Labor Law 241(6) claim which was predicated on a violation of 12 NYCRR 23-1.7(g) pertaining to “oxygen deficient work areas.” In this case: Plaintiff Joseph Cerverizzo, an employee of third party defendant subcontractor…
Read More Worker’s Labor Law Case, Based on Inhalation of Toxic Fumes in Aeration Tank at Sewage Plant, Continues