Premises Liability

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A case decided by the First Department today, Dillard v. New York City Housing Authority, illustrates the circumstances under which the element of proximate cause may be resolved as a matter of law.  The court reversed a summary judgment for defendant, finding an issue of fact as to plaintiff’s comparative negligence. Here: Plaintiff, a resident…

Read More Plaintiff Was Not Sole Proximate Cause of Slip and Fall on Snow/Ice-Covered Steps
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In Scafe v. Schindler Elevator Corp., the Appellate Division, First Department affirmed the denial of summary judgment for defendant. Plaintiff sued for injuries sustained when elevator doors slammed on her hand. Summary judgment has been described as the procedural equivalent of a trial. “On a motion for summary judgment, the movant bears the burden of adducing affirmative…

Read More Elevator Accident Personal Injury Case Survives Summary Judgment
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In Alvarado v. City of New York, the Supreme Court, Richmond County recently held that the City of New York was not liable for injuries sustained by a plaintiff who tripped and fell on the sidewalk in front of Dependable Auto Body in Staten Island. Plaintiff claimed that she fell after her foot became wedged…

Read More City of New York Absolved of Liability for Sidewalk Trip and Fall
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In Wright v. Emigrant Savings Bank, the Appellate Division, First Department recently held that the Supreme Court, Bronx County properly denied defendant’s motion for summary judgment dismissing plaintiff’s complaint. Defendant failed to “establish[] prima facie that it did not create or have notice of the black ice that allegedly caused plaintiff to slip and fall,…

Read More Plaintiff’s Case Arising From Slip/Fall on Black Ice Continues
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Addressing an issue of first impression, the New York Supreme Court (Bronx County) in Bautista v. 85th Columbus Corporation recently held that a sidewalk basement stairway, accessed through trap doors set into the sidewalk, is not an “interior stair” within the meaning of New York City Administrative Code § 27-375. Plaintiff was injured after slipping and…

Read More Court Dismisses Personal Injury Suit, Holding That Sidewalk Trapdoor Stairs Were Not “Interior Stairs” Under the NYC Building Code and Therefore Could Lawfully Include Conveyor Belt
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In Carbonnier v. Board of Education of the City of New York, a student who was injured after being pushed by another student while playing on the monkey bars in a school playground. The Appellate Division yesterday directed the entry of judgment in favor of defendant. According to the court, defendant demonstrated its entitlement to summary…

Read More Monkey Bar Injury Case Dismissed
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In McGough v. Cryan, Inc. (decided Nov. 27, 2013), the Appellate Division, Second Department held that the trial court properly denied defendant’s, and should have denied plaintiff’s, respective motions for summary judgment. The court described the injury and the alleged condition causing it: The tip of the plaintiff’s right ring finger was severed when he sat…

Read More Neither Party Entitled to Summary Judgment in Bar Stool Severed Fingertip Case
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In Morales v. New York City Housing Authority, plaintiff sued to recover for injuries he sustained after he slipped on a liquid or slippery substance (possibly urine) and fell down the stairs in a building owned and operated by defendants. The court (New York Supreme Court, Kings County) denied defendants’ motion for summary judgment. Initially,…

Read More Slip/Fall Case Proceeds Due to Defendants’ Failure to Demonstrate Sufficient Cleaning and Inspection
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In Huertas v. UPS, plaintiff (a TJ Maxx employee) sued United Parcel Service (UPS) for injuries sustained when she tripped and fell over stacked boxes left by UPS. The court awarded summary judgment to defendant and dismissed plaintiff’s complaint. Plaintiff testified: I said to the UPS guy, please put the boxes on the counter. We don’t…

Read More Claims Arising From Trip on UPS Packages Not Prempted; UPS Not Liable Due to Absence of Duty
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In Hassan v. Barnes & Noble and Starbucks, plaintiffs sought to recover damages for personal injuries suffered from spilling hot tea in a Barnes & Noble. They alleged that Barnes & Noble was negligent by serving tea in a cup with an unsecured lid, and in allowing the use of an “uneven” and “wobbly” table…

Read More Personal Injury Case Arising From Hot Tea and Wobbly Table Dismissed Against Starbucks; Continues Against Barnes & Noble
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