Man wearing suit and orange-striped bow tie
In a decision issued on March 15, 2012 in Ginsburg v. Cornell University et. al., 11-cv-01374, the court denied defendants’ motion for a judgment on the pleadings, permitting the lawsuit – brought by the father of a Cornell student who killed himself by jumping off the Thurston Avenue Bridge (pictured) near the Cornell campus –…
Read More Cornell Bridge Suicide Lawsuit Continues
Smiling businessman wearing suit and red tie
Below is a copy of the complaint filed last week by the husband and child of Marion Hedges, who was injured on October 30, 2011 when struck by a shopping cart dropped from an elevated walkway of a Harlem shopping center (news regarding the recent sentencing of one of the teens involved in the incident here).…
Read More Shopping Cart Drop Lawsuit
Smiling man in suit and green bow tie
In Sacco v. City of New York (App. Div. 1 Dept. Feb. 16, 2012), an Appellate Division, First Department panel held that the trial court erred in determining, as a matter of law, that the City was not provided with sufficient notice, per NYC Administrative Code § 7-201(c)(2), of the defective condition upon which plaintiff…
Read More Inspection Report Satisfied NYC’s “Pothole Law” Notice Requirement
Post thumbnail
A recent decision by a New York trial court – Alicea v. JetBlue Airways Corp. – analyzes issues that commonly arise in a slip-and-fall case where the accident occurs in an area (here, JFK airport) where the rights, duties, and obligations of various parties intersect. These issues include: (1) the duties owed by an out-of-possession…
Read More Court allows JFK traveler’s slip/fall action to continue
Green interlocking P and L monogram
Last week I returned from a family trip to (and, more specifically, to the bottom of) the Grand Canyon. During my various treks throughout the canyon labyrinth, I conjured up numerous disaster scenarios. Naturally, my thoughts – as they often do – drifted to litigation. If I were injured, who would I sue? Under what…
Read More Court Allows Rockslide Death Suit to Continue Smiling man in suit and green bow tie
In Creagh v. Trata Estiatorio and Watermill 27 Partners, LLC (decided March 14, 2011), the court denied defendant’s motion for summary judgment on the issue of notice of the allegedly hazardous condition (here, water on the floor). Initially, the court summarized the law regarding premises liability, as well as the burdens of the parties on summary judgment…
Read More Court Denies Summary Judgment to Defendant Restaurant in Slip and Fall Case