Premises Liability

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In Horn v. 197 5th Ave. Corp., the Appellate Division, Second Department held that plaintiff’s trip-and-fall case should have been dismissed. Plaintiff sued “to recover damages for injuries she sustained when she allegedly tripped and fell over a sidewalk cellar door adjacent to the defendants’ property at 197 Fifth Avenue in Brooklyn.” There was, however, a…

Read More Cellar Door Trip/Fall Case Should Have Been Dismissed; Errata Sheet Could Not Be Used to Correct Location of Accident
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In Beceren v. Joan Realty LLC, decided January 14, 2015, the Appellate Division, Second Department held that a defendant property owner was entitled to dismissal of plaintiff’s slip-and-fall case. In this case, plaintiff alleged that she was injured when she slipped and fell on water in a vestibule area in Brooklyn apartment building owned or maintained…

Read More Slip/Fall Case Dismissed; “Inherently Slippery” Smooth Floor Was Not An Actionable Defect
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Growing up, I spent a lot of time playing “manhunt” with my friends. Thankfully, unlike the plaintiff in a recent case, we never suffered any injuries while playing. Here are the facts of Wolfe v. North Merrick Union Free School District, 2014 NY Slip Op 07499, 122 AD3d 620 (App. Div. 2nd Dept. Nov. 5,…

Read More Plaintiff Injured During Game of “Manhunt” Did Not Assume Risk; Case Continues
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In Bencebi v. Baywood Realty, LLC, a stairway-fall personal injury case, the Appellate Division, Second Department reversed the lower court’s order granting summary for defendant. That is, plaintiff’s case continues to trial. Here are the facts: [Plaintiff sued] to recover damages for personal injuries allegedly sustained by her when she fell while descending an interior…

Read More Lack of Handrail Cited in Denial of Summary Judgment to Defendant in Stair-Fall Personal Injury Case
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In Stanziale v. City of New York, the Appellate Division, Second Department held that a pedestrian walkway on which plaintiff allegedly slipped and fell was not part of the “sidewalk” for purposes of the statute shifting liability to private property owners. In this case, the plaintiff slipped on fell on snow and ice on a pedestrian ramp abutting…

Read More Pedestrian Ramp Was Not Part of the “Sidewalk”; Ice Slip/Fall Case Dismissed
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In Arashkovitch v. City of New York (2nd Dept. 12/17/14), a snow/ice slip-and-fall case, the court affirmed the denial of defendants’ motion for summary judgment. Here is the law: Homeowners of single-family homes that are owner-occupied, such as the appellants, are exempt from liability imposed pursuant to section 7-210(b) of the Administrative Code of the City of New…

Read More Creating or Exacerbating Icy Condition May Give Rise to Liability in Personal Injury Case
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One type of “premises liability” case arises from injuries sustained on a landowner’s property as a result of a third-party’s acts, namely, criminal conduct. However, whether an injured plaintiff can recover depends on the third party’s status. As explained by the Appellate Division, First Department in Hierro v. New York City Housing Authority (decided December…

Read More No Landlord Liability Where On-Premises Assault Not Committed by “Intruders”
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In Powers v. 31 E 31 LLC, 2014 NY Slip Op 07084, 24 NY3d 84 (Ct. App. Oct. 21, 2014), the Appellate Division, First Department affirmed the denial of defendants’ motion for summary judgment dismissing the complaint. I had previously written about the Court of Appeals’ October 21, 2014 decision in plaintiff’s favor on various…

Read More Case Arising From Plaintiff’s Fall Down Air Shaft Continues
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