Premises Liability

In 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 Dismissed

In Tzamarot v. JP Morgan Chase & Co., 2018 NY Slip Op 09023 (App. Div. 1st Dept. Dec. 27, 2018), the court unanimously affirmed the dismissal of plaintiff’s slip-and-fall complaint. The court (tersely) stated: Dismissal of the complaint was proper since plaintiff’s attempt to walk on top of a curbside mound of snow as a shortcut…

Read More Attempted Shortcut Leads to Injury, Dismissal of Slip-and-Fall Complaint

One type of personal injury (negligence) claim is the so-called “negligent security” claim – which is itself a type of “premises liability” claim. In this type of case, the plaintiff asserts that the property owner or landlord failed to take necessary precautions to prevent harm arising from the alleged failure to provide adequate security. (One…

Read More “Negligent Security” Premises Liability Claims in New York