Premises Liability

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A recent case, Jaquez v. Lind-Ric Hous. Co., 48 Misc. 3d 1204(A), 17 N.Y.S.3d 383 (N.Y. Sup. Ct. June 19, 2015), illustrates the difficulties faced by plaintiffs in slip-and-fall cases, particularly those where the alleged defective condition is not a structural defect or a transitory condition (water, debris, etc) but rather the nature of the…

Read More Slip/Fall on “Slippery” Interior Stairs – Case Dismissed
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In Fauntleroy v. EMM Group Holdings LLC, the First Department held that plaintiff presented enough evidence to overcome summary judgment on his claims for personal injuries arising from a fight with a security guard hired by one of the defendants. The appellate court unanimously reversed the lower court’s order granting summary judgment to defendants, explaining: Defendants’…

Read More Lawsuit Brought By Plaintiff Punched in Face by Nightclub Security Guard Continues
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In Ashton v. EQR Riverside A, LLC, 2015 NY Slip Op 07916 (Oct. 29, 2015), the court affirmed the dismissal of plaintiff’s trip-and-fall case. This case, like many premises liability cases, turned on the critical issue of “notice”. From the decision: It was undisputed that defendants did not have actual or constructive notice of the height differential…

Read More Trip/Fall Case Properly Dismissed; Expert’s Conclusion Was “Speculative”
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In Tansey v. Coscia, 2015 NY Slip Op 31778(U) (Sup. Ct. Suffolk Cty., Sept. 21, 2015), the court denied the defendant bar’s motion for summary judgment on plaintiff’s Dram Shop Act and negligent supervision claims. In this personal injury case, the plaintiff alleged that he was assaulted by another patron, defendant Nicholas Coscia, while inside defendant’s…

Read More Dram Shop Act Claim, Arising From Bar Patron Assault, Survives Summary Judgment
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In O’Brien v. Port Auth. of N.Y. & N.J. (App. Div. 1st Dept. Sept. 8, 2015), the Appellate Division, First Department held that plaintiff – an operating engineer at the World Trade Center Freedom Tower construction site – was entitled to summary judgment on his claim under Labor Law § 240(1). Plaintiff was injured when he “slipped…

Read More WTC Worker Who Fell Down Stairway Entitled to Summary Judgment on Labor Law § 240(1) Claim
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In Torres v. Nine-O-Seven Holding Corp., the court granted defendants’ motion for summary judgment on plaintiff’s sidewalk trip-and-fall case. After examination of the photographs and the other evidence presented in the record, including plaintiff’s deposition testimony, and considering all the relevant factors, this Court finds that as a matter of law the alleged defect in the…

Read More Trip-and-Fall Case Dismissed; Sidewalk Defect Was “Trivial” as a Matter of Law
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A recent Second Department decision, Bergin v. Golshani, is instructive on the issue of when summary judgment is properly awarded to a defendant in a slip-and-fall case. Here is the law: A defendant landowner moving for summary judgment in a slip-and-fall case has the initial burden of establishing that it did not create the alleged…

Read More Lack of Inspection Evidence Properly Results in Denial of Summary Judgment for Defendants in Personal Injury Slip-and-Fall Case
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