Falling unexpectedly can be disorienting and painful, but it’s crucial to act quickly and methodically, especially if you’ve been injured. Your actions immediately after a slip-and-fall accident in New York can significantly impact your health and any potential legal claims. Knowing what to do in the first minutes and hours is the key to protecting…
Read More What to Do After a Slip/Trip and Fall Accident in New YorkIn Valdez v. Upper Creston, LLC, 2022 NY Slip Op 00367 (NY App. Div. 1st Dept. Jan. 20, 2022), a personal injury case, the court unanimously affirmed the lower court’s order granting plaintiff’s motion for summary judgment on the issue of liability against defendant. In this premises liability case, the plaintiff (a resident of a…
Read More “Res Ipsa Loquitur” Applies in Personal Injury Case Arising From Collapsing DrainLet’s say, hypothetically, you are a burglar and decide to target a particular house owned by a family that will be away (overseas) for the Christmas holiday – i.e., for at least a week, without any indication that any of the family (let alone their 8 year-old son) is left Home Alone. So you and…
Read More Lime & Merchants v. McCallisterIn Matos v. Azure Holdings II, L.P., 2020 NY Slip Op 01441 (App. Div. 1st Dept. March 3, 2020) – a personal injury slip-and-fall case – the court unanimously reversed a lower court’s order granting summary judgment to defendant. In this case, plaintiff alleges that he slipped and fell while stepping out of a combined…
Read More Bathroom Slip/Fall Case Continues Against Landlord;In a recent decision, Greenman v. 2451 Broadway Market, et al, No. 11287, 11287A, 154861/14, 2020 N.Y. Slip Op. 01962, 2020 WL 1290735 (N.Y.A.D. 1 Dept., Mar. 19, 2020) – a personal injury trip-and-fall case – the court unanimously reversed and vacated a jury verdict in plaintiff’s favor (allocating 75% of the fault to plaintiff…
Read More Evidentiary Errors Result in New Trial on Damages in Trip-and-Fall Personal Injury CaseIn Monzac v. 1141 Elder Towers LLC, 2020 NY Slip Op 01243 (App. Div. 1st Dept. Feb. 20, 2020) – a personal injury slip-and-fall case – the court reversed the lower court’s directed verdict for defendant. From the decision: Plaintiff’s trial evidence established prima facie that defendant had constructive notice of the water on the…
Read More Evidence of Water on Lobby Floor Meets Summary Judgment Burden in Personal Injury Slip/Fall CaseIt’s New Year’s Eve – a time for reflection, and, of course, revelry. New Year’s Eve parties are a great opportunity to connect with friends, and to bring in the new year with a bang. Sometimes they’re completely enjoyable – and sometimes a shelf collapses on your head. In C.I.R. v. Mangaroni, LLC, No. 156031/2015,…
Read More Plaintiff Denied Summary Judgment in New Year’s Eve Party AccidentIn Lawyer v. City of New York, 2019 NY Slip Op 07698 (App. Div. 1st Dept. Oct. 24, 2019), the court unanimously affirmed the dismissal of plaintiff’s premises liability (negligent security) case. The court stated the rule that “[a] landlord has a common-law duty to take minimal security precautions to protect tenants and members of…
Read More Negligent Security Case Dismissed; Court Cites Building Security Measures and Lack of Prior IncidentsIn Mable v. 384 East Associates, LLC, 2019 NY Slip Op 06442, 2019 WL 4146514 (App. Div. 1st Dept. Sept. 3, 2019) – an elevator accident case – the court reversed a grant of summary judgment for defendant. In this case, plaintiff asserts that he was injured when an elevator door closed on his right…
Read More Elevator Personal Injury Case Survives Summary JudgmentIn 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 Judgment