Slip/Trip and Fall

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In DiVetri v. ABM Janitorial Services (decided July 24, 2014) the Appellate Division, First Department affirmed the denial of defendants’ motion for summary judgment. In this personal injury case, plaintiff slipped and fell on water she tracked onto the marble lobby floor of a building she entered. The water came from a hose being used by defendant’s…

Read More Watering Sidewalk + Marble Floor + No Mats = Continuation of Slip/Fall Case
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Here is the complaint recently filed in the New York Supreme Court, Bronx County, by Ajanaffy Njewadda and her husband against various defendants, including Showtime Networks and the New York City Transit, the Metropolitan Transit Authority. In sum, she claims that she was caused to fall and sustain injuries after being shocked by a stair-spanning advertisement (stairvertisement?),…

Read More Dexter Trip/Fall Lawsuit
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In DeSimone v. City of New York, decided July 3, 2014, the First Department held: Plaintiff’s Labor Law § 241(6) claim was improperly dismissed on the ground that plaintiff was not covered under the statute. Plaintiff testified that he was an onsite project manager, employed by one of multiple general contractors on the subject construction…

Read More Project Manager Covered By Labor Law 241(6) in Construction Accident Case, Even Though He Did Not Perform “Labor-Intense” Work
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The law requires municipalities, such as New York City, to maintain their streets and highways in a reasonably safe condition for people who use them. However, anyone seeking to recover for personal injuries arising from a defective condition on a New York City “street, highway, bridge, wharf, culvert, sidewalk or crosswalk” must – in addition…

Read More New York City’s “Prior Written Notice” Requirement
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In Henderson v. City of New York, plaintiff alleged that she tripped and fell on a manhole in a crosswalk at the intersection of Second Avenue and 74th Street in Manhattan. She claimed, in her notice of claim, that she fell due to a “raised, cracked, depressed, missing, broken and/or mis-leveled pavement and/or manhole cover…

Read More No Explicit Denial of Lack of Prior Written Notice Results in Denial of Summary Judgment to City in Trip/Fall Case
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A recent First Department decision, Cambio v. City of New York (decided June 19, 2014), underscores the notice function of a “notice of claim” and held that the plaintiff’s subsequent deviation from allegations in his notice of claim mandated dismissal. The facts: Plaintiff, who is legally blind, alleged in his notice of claim that he…

Read More Trip/Fall Claims Dismissed Where Litigation Theory Deviated From That Asserted in Notice of Claim
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In Laguerre v. Kessler, a premises liability/trip-and-fall case, the Appellate Division, Second Department affirmed the denial of defendant’s motion for summary judgment. Initially, the court held that the “defendant established his prima facie entitlement to judgment as a matter of law by submitting proof that there was no defect in the subject carpeting, and that the carpeting…

Read More Stair Trip/Fall Case Continues
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It’s a fairly typical personal injury scenario: a customer, while on defendant’s premises, slips and falls on (for example) a slippery substance, sustains injury, and sues to recover damages. What may seem like a straightforward situation is anything but. This is illustrated by the recent case of Dequinzio v. Gristedes Food, Inc., decided by New…

Read More Court Dismisses Supermarket Slip-and-Fall Case, Where Defendants Did Not Have a Reasonable Opportunity to Clean Up Injury-Causing Spill
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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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