Premises Liability

by

Two superheroes fighting above city skyline Two superheroes fighting above city skyline

In Green v. Price Chopper, Inc., 2018 NY Slip Op 05578 (App. Div. 2nd Dept. Aug. 1, 2018), a personal injury trip-and-fall case, the court held that the defendant supermarket was not entitled to summary judgment on liability. Plaintiff testified that she tripped and fell over a raised portion of a rubber mat near the supermarket…

Read More Raised Mat Not “Trivial” Defect as a Matter of Law; Summary Judgment for Defendants Reversed
Share This:
by

In DiPasquale v. Boys & Girls Harbor Inc., 2018 NY Slip Op 04947 (App. Div. 1st Dept. July 3, 2018), a personal injury/premises liability case, the court unanimously affirmed the denial of defendant’s motion for summary judgment. This case underscores the responsibilities that premises owners have to maintain their property in a reasonably safe condition. From…

Read More Electrocution Injury Case Against Employer’s Landlord Survives Summary Judgment
Share This:
by

Post thumbnail

In Pronk v. Standard Hotel, 2018 NY Slip Op 00903 (App. Div. 1st Dept. Feb. 8, 2018), the court affirmed the denial of defendants’ motion for summary judgment. In this personal injury / premises liability case, plaintiff sued after he cut his left foot on a glass candleholder while entering a spa pool in Le…

Read More Foot-Cut Premises Liability Suit Continues Against Standard Hotel
Share This:
by

In Correa v. Matsias, 2017 WL 4159254 (N.Y.A.D. 2 Dept. Sept. 20, 2017), a ceiling-collapse personal injury case, the court held that plaintiff could not employ the doctrine of “res ipsa loquitur” at trial. That doctrine, explained the court, is a rule of evidence that permits an inference of negligence to be drawn solely from…

Read More “Res Ipsa Loquitur” Doctrine Held Inapplicable in Ceiling-Collapse Personal Injury Case, But Complaints to Superintendent Demonstrated Notice Sufficient to Overcome Summary Judgment
Share This:
by

One common type of personal injury case involves someone being injured as a result of tripping and falling on someone’s property, resulting in injury. In these so-called “trip-and-fall” cases, courts have developed and applied the “trivial defect” doctrine. The Law In determining whether a defect is “trivial” as a matter of law, the court must…

Read More The “Trivial Defect” Doctrine in Personal Injury Trip-and-Fall Premises Liability Cases
Share This:
by

Man signing document surrounded by observers Man signing document surrounded by observers

One frequently-occurring personal injury case is the so-called “slip-and-fall” case, which in turn is a species of “premises liability” claims. One court[1]Decker v. Middletown Walmart Supercenter Store, No. 15 CIV. 2886 (JCM), 2017 WL 568761 (S.D.N.Y. Feb. 10, 2017) recently summarized the law as follows: In New York, [t]o establish a prima facie case of…

Read More Surviving Summary Judgment in a Slip-and-Fall Premises Liability Case
Share This:
by

In Lee v. Acevedo, 2017 NY Slip Op 05586 (App. Div. 2d Dept. July 12, 2017) – a personal injury premises liability case – the Appellate Division reversed the lower court’s award of summary judgment to defendant. Here are the facts, as summarized by the court: [Plaintiff alleged that she was injured] after she fell backwards…

Read More Fall-Down-Stairs Personal Injury Case Survives Summary Judgment
Share This:
by

In Chojnacki v. Old Westbury Gardens, Inc., 2017 NY Slip Op 05706, 2017 WL 3045841 (App. Div. 2d Dept. July 19, 2017), the court reversed a lower court’s finding that the alleged defect that caused plaintiff to fall – a raised brick – was “trivial” as a matter of law. From the decision:: The Supreme Court…

Read More Trip/Fall Case Survives Summary Judgment; Raised Brick Was Not a “Trivial Defect” as a Matter of Law
Share This:
© 2026 Pospis Law, PLLC. All Rights Reserved.