Premises Liability

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In Martyniak v Charleston Enters., LLC (decided June 4, 2014), a trip-and-fall action, the Appellate Division, Second Department affirmed the denial of summary judgment for defendant. Plaintiff allegedly sustained personal injuries when she tripped and fell over a piece of metal protruding from the sidewalk in front of a Target store located in Staten Island. The court…

Read More Trip-and-Fall Case Continues; Defect Not “Trivial” as a Matter of Law
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In Quintana v TCR, Tennis Club of Riverdale, Inc., a slip-and-call case decided June 5, 2014, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment. The court held: Defendant’s sole argument on this appeal is that it is entitled to summary judgment because plaintiff failed or is unable to identify the…

Read More Slip-and-Fall Case Continues, Where Plaintiff Expressly Testified That She “Slipped in Water”
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In Stubbs v. 350 E. Fordham Rd., LLC, decided May 29, 2014, the Appellate Division, First Department reinstated plaintiff’s common-law negligence claim. Plaintiff “was standing on the sidewalk in front of the two-story building located at 350 East Fordham Road when part of the stucco siding on the building fell off the facade and struck her.”…

Read More Falling Stucco Personal Injury Case Continues
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Fire escape ladders are a ubiquitous feature of New York City’s residential neighborhoods. They can also, as demonstrated by numerous court decisions, be a source of injury. One such decision is Taveras v Quisqueya II Housing Company, decided by Supreme Court, Queens County on May 8, 2014. The facts: On October 19, 2008, at 3:20…

Read More Locked-Out Tenant Injured on Fire Escape Ladder Loses Case
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In Phillip v Young Men’s Christian Assn. of Greater N.Y. (a slip-and-fall case), the Appellate Division, First Department recently affirmed the lower court’s grant of defendant’s motion for summary judgment. “Defendant met its initial burden of demonstrating lack of notice of the wet condition of the locker room floor where plaintiff allegedly slipped by submitting evidence…

Read More General Awareness of Wet Condition Insufficient to Survive Summary Judgment in Slip/Fall Case
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Below is the complaint recently filed in the Supreme Court, New York County by Donald Goode against NYC hotspot S.O.B.’s (a/k/a Sounds of Brazil). Plaintiff alleges that he was shot in the leg by a patron while he was attending a concert and party at SOBs called “Mixtape Release SDMB NYC Edition” for rapper Fat Trel. He alleges (among other…

Read More Lawsuit Against SOB’s By Victim Shot During Fat Trel “Sex, Drugs, Money and Guns” Party
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Today’s case summary comes out of the Second Department. In the illuminating decision of Conneally v. Diocese of Rockville Centre, decided April 23, 2014, the court affirmed the trial court’s denial of defendants’ motion for summary judgment. This case addresses a landowner’s duty to properly light their premises. “At about 9:00 p.m. on August 20, 2009,…

Read More Plaintiff Survives Summary Judgment in Premises Liability Case Involving Alleged Inadequate Lighting
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One type of “premises liability” case is involves an allegation that the property owner has failed to provide adequate security, which leads to an on-premises assault. In one such case, Terrero v New York City Housing Authority, the Appellate Division, First Department affirmed the denial of summary judgment to the defendant. Plaintiff sued on behalf of her…

Read More Negligent Security Lawsuit Arising From Roof Sexual Assault Survives Summary Judgment
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In Hettich v 125 E. 50th St. Co., LLC, the Appellate Division, First Department recently modified a lower court order to deny defendants’ motion for summary judgment dismissing the complaint, and affirmed the denial of plaintiff’s motion for summary judgment on liability. In this case, plaintiff was injured when the hoist cable for the dumbwaiter in…

Read More Dumbwaiter Injury Suit Continues
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