Premises Liability

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In Abraham v. Chelsea Piers Mgt., Inc. (decided Oct. 7, 2014), the Appellate Division, First Department unanimously reversed the denial of defendant’s motion for summary judgment. Here are the facts of this tragic personal injury case, involving the drowning death of a trespasser: In the early morning hours of April 1, 2009 plaintiff’s decedent drowned in…

Read More Chelsea Piers Not Liable for Drunk Trespasser’s Drowning Death
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In Elhorin v. Western Beef, Inc., the court denied defendants’ summary judgment motion seeking dismissal of plaintiff’s personal injury slip-and-fall lawsuit. Plaintiff alleged that he sustained injuries when he slipped and fell on a piece of cardboard on the floor of defendant’s supermarket. As is common in these cases, defendant argued that it did not…

Read More Slip/Fall Case Continues, Based on Statement by Store Manager Regarding Notice of Condition
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Here is the complaint filed in Supreme Court, Richmond County (Staten Island) by firefighter Andrew Cannon against homeowner Kudar Uday. Plaintiff seeks recovery for injuries sustained while battling a fire at defendants’ house. At common law, the so-called “firefighter’s rule” in New York barred firefighters and police officers from recovering for injuries caused by negligence in…

Read More Injured Firefighter Sues Homeowner
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In Hermina v. 2050 Valentine Ave. LLC, the Appellate Division, First Department reversed summary judgment in favor of defendants. In this personal injury case, plaintiff sustained injuries when the window in her apartment suddently fell while her hands were on the window sill. In reversing summary judgment, the court held: Triable issues of fact exist as…

Read More Falling Window Personal Injury Case Continues
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In Panagos v. Brooklyn Botanic Garden Corp. (decided Sept. 2, 2014), a trip-and-fall case, the Supreme Court, Queens County denied defendant’s motion for summary judgment dismissing plaintiff’s complaint. In this personal injury case, plaintiff (a 73 year-old woman) sued after sustaining injuries after tripping and falling on a series of three steps near the Cherry Esplanade and…

Read More “Optically Confusing” Steps Create Issue of Fact in Trip-and-Fall Case
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In Ortiz v. New York City Housing Authority, decided Sept. 11, 2014, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment. In this personal injury slip/trip-and-fall case, plaintiff sued after she was injured after falling on ice on the sidewalk adjacent to defendant’s residential building. In finding that the trial…

Read More Plaintiff Overcomes Summary Judgment in Ice Trip/Fall Case
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As explained by the Second Department in Cipriano v. City of New York, In a slip and fall case, a defendant may establish its prima facie entitlement to judgment as a matter of law by submitting evidence that the plaintiff cannot identify the cause of his or her fall. If a plaintiff is unable to…

Read More Second Department Clarifies That a Slip/Fall Plaintiff Need Not Have Personal Knowledge of Cause of Fall
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In Biniachvili v. Yeshivat Shaare Torah, Inc., the Appellate Division, Second Department affirmed summary judgment for plaintiffs in their personal injury case due to the defendant’s disposal of a grate that allegedly caused injury. This, the court held, amounted to spoliation of evidence. The facts: On May 22, 2009, the infant plaintiffs …, along with approximately…

Read More Plaintiffs Awarded Summary Judgment Due to Evidence Spoliation in Personal Injury Case
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Here’s the lawsuit recently filed in the Southern District of New York by ESPN sportscaster Linda Cohn against Southeast Sports Complex, Players Club at Brewster Ice Arena, and Steve Santini. Plaintiff alleges in her complaint that she was injured “when a heavy, large coin change machine fell upon her”. Cohn stated on her whosay page that “[s]ome…

Read More Linda Cohn Personal Injury Lawsuit Against Brewster Ice Arena
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