In Oliver v. Central Park Sightseeing, LLC, 2019 NY Slip Op 02788 (App. Div. 1st Dept. April 11, 2019), the First Department unanimously affirmed the denial of defendant’s motion to dismiss plaintiff’s personal injury complaint. In this case ,plaintiff alleged that she was injured when she fell from a bicycle that she rented from the…
Read More Bicycle-Fall Lawsuit Continues; Malfunctioning Brakes BlamedIn Caserta v Triborough Bridge and Tunnel Authority, No. 157983/2015, 2019 WL 1003772 (N.Y. Sup Ct, New York County Feb. 26, 2019), a personal injury case, the court stated and applied the general rule regarding discovery of a plaintiff’s social media postings. Here is the court’s summary of the general rule: Social media information is…
Read More Court Permits Limited Social Media Discovery in Personal Injury CaseIn Winklevoss v. Steinberg, 2019 NY Slip Op 02419 (App. Div. 1st Dept. March 28, 2019), the court unanimously affirmed the dismissal of plaintiffs’ defamation claim. The court based its decision on the plaintiffs’ status (public figures) and their failure to prove “actual malice”, the applicable standard under these circumstances. As to their status, the…
Read More Winklevoss Twins’ Defamation Claim Dismissed; Actual Malice Not ShownIn Shatsky v. Highpoint Assoc. V, LLC, 2019 NY Slip Op 01825 (App. Div. 1st Dept. March 14, 2019) – a slip/trip-and-fall premises liability personal injury case – the court unanimously affirmed the lower court’s order denying defendant’s motion for summary judgment. From the decision: Triable issues of fact regarding whether defendant Bagels and More…
Read More Water Diversion Pipe Cited in Summary Judgment Denial in Slip/Trip and Fall CaseIn Cruz v. Perspolis Realty LLC, 2019 NY Slip Op 01531 (App. Div. 1st Dept. March 5, 2019) – a slip-and-fall case – the court reversed the lower court’s order granting summary judgment to defendants. The court explained: Triable issues of fact exist in this action where plaintiff was injured when, while descending the interior…
Read More Ice Cream Slip/Fall Case Survives Summary JudgmentIn Esposito v. Rail Bar & Grill Corp., 2019 NY Slip Op 01198 (App. Div. 2nd Dept. Feb. 20, 2019), the court affirmed the dismissal of plaintiff’s claim under New York General Obligations Law § 11-101, a/k/a the Dram Shop Act. In sum, plaintiff alleged that the defendants served alcohol to the plaintiff’s assailants when…
Read More “Dram Shop Act” Claim Dismissal AffirmedIn Castillo v. Slupecki, 2019 NY Slip Op 29033 (Sup. Ct. Bronx Cty. Feb. 8, 2019), the court held (upon reargument) that plaintiff – who seeks damages for injuries sustained as a result of a “pedestrian-knockdown” car accident – was free from comparative fault as a matter of law. The court had previously granted plaintiff summary judgment…
Read More Pedestrian Knockdown Plaintiff Was Free From Comparative Fault as a Matter of Law, Court HoldsIn Palaj v. Marion Scott Real Estate, Inc., 2019 NY Slip Op 00958 (App. Div. 1st Dept. Feb. 7, 2019), the court held that plaintiff’s personal injury claim should have been dismissed, and reversed the lower court’s decision to the contrary. In a terse decision, the court explained: Plaintiff Sander Palaj, and his wife suing derivatively, commenced…
Read More Co-Op City Shooting Victim’s Personal Injury Lawsuit DismissedIn Njewadda v. Showtime Networks, Inc. 2019 NY Slip Op 29031 (NY Sup. Ct. NY Cty. Jan. 29, 2019), the court dismissed plaintiff’s personal injury claim against Showtime, the MTA, and the New York City Transit Authority (NYCTA). In sum, plaintiff in this case alleges that while in NYC’s Grand Central subway station, after descending…
Read More Dexter “Optical Distraction” Lawsuit DismissedIn Alvarado v. City of New York, 2019 NY Slip Op 00962 (App. Div. 1st Dept. Feb. 7, 2019), a personal injury case, the court unanimously affirmed the dismissal of plaintiff’s complaint. From the decision: Defendant made a prima facie showing of its entitlement to judgment as a matter of law, by submitting evidence that plaintiff…
Read More Basketball Injury Case Properly Dismissed