Slip/Trip and Fall

by

In Arzeno v. City of New York, the Bronx Supreme Court discussed the application of the New York City Sidewalk Law – codified as New York City Administrative Code (NYCAC) § 7-210 – which generally shifts liability for sidewalk accidents from the City to abutting property owners.  The court dismissed the action against the City, but…

Read More Sidewalk/Hydrant Trip-and-Fall Case Dismissed Against City, Remains Against Abutting Property Owners
Share This:
by

In DiLorenzo v S.I.J. Realty Co., LLC, the Appellate Division, Second Department affirmed the dismissal of plaintiff’s slip-and-fall claim. There, plaintiff sued the owner of the property where she fell, as well as the company which contracted to provide cleaning services at the premises. Generally: A plaintiff’s inability to identify the cause of her fall is…

Read More Failure to Identify Cause of Fall Dooms Slip-and-Fall Case
Share This:
by

A recent First Department decision, Abott v. City of New York, holds that the trial court properly dismissed plaintiff’s trip-and-fall complaint: The court properly directed a verdict for defendant City, as there was no rational process that would lead the trier of fact to find for plaintiff, who was injured after stepping into a pothole.…

Read More Pothole Injury Case Dismissed in Light of Prior Repairs
Share This:
by

In Slattery v. Sachem N. High Sch., the Appellate Division, Second Department recently affirmed the lower court’s denial of defendants’ motion for summary judgment. Plaintiff claimed she “tripped and fell due to a difference in height between two concrete slabs of a sidewalk abutting the defendants’ premises.” The court explained the legal standard for determining…

Read More Sidewalk Defect Was Not “Trivial” as a Matter of Law; Trip-and-Fall Case Continues
Share This:
by

I’ve spent many Saturdays wandering around Barnes & Noble bookstores. Years ago I would frequent the Astor Place store; after it closed my go-to location became the Union Square store. That was my awkward segue into today’s post, about a slip-and-fall case against the behemoth bookseller. The accident in this case, Seleman v. Barnes & Noble, occurred…

Read More Escalator Slip/Fall Case Against Barnes & Noble Continues
Share This:
by

If you see a banana peel on the stairs, don’t intentionally step on it. That’s the lesson from Betances v. 470 Audobon Ave. Corp., a recent New York Supreme Court decision. There, the plaintiff slipped on a banana peel and fell down the stairs. He sued, alleging that defendant was negligent in maintaining the staircase, and permitting…

Read More Step Away From the Banana Peel!
Share This:
by

In Gomez v J.C. Penny Corp., Inc., the Appellate Division, First Department reversed a denial of summary judgment for defendant J.C. Penny, and directed a judgment in defendant’s favor dismissing the complaint. In this negligence case, Plaintiff alleges that she slipped and fell on water near the bottom of an escalator going from the third to…

Read More Evidence of Inspection and No Complaints Result in Dismissal of Slip/Fall Suit Against J.C. Penny
Share This:
by

Plaintiff was injured when she slipped on an accumulation of water and fell in the bathroom of her apartment in defendants’ building.  The water that caused plaintiff’s fall came from a leak in the bathroom ceiling. The trial court denied defendants’ motion for summary judgment, and the Appellate Division, First Department, affirmed.  The case is Hernandez…

Read More Apartment Occupant Can Continue Case Arising Out of Slip-and-Fall On Water From Ceiling Leak
Share This:
by

In Seleznyov v New York City Tr. Auth., the Appellate Division, First Department reversed summary judgment for, and reinstated plaintiff’s complaint against, defendants New York City Transit Authority and the City of New York. It held: NYCTA failed to establish entitlement to judgment as a matter of law, in this action where plaintiff was injured…

Read More Questions Regarding Adequacy and Reasonableness of Subway Cleaning Schedule Result in Reinstatement of Slip-and-Fall Case
Share This:
by

In Tompa v. 767 Fifth Partners, the Appellate Division, First Department affirmed the dismissal of plaintiff’s slip-and-fall case. Plaintiff alleged that she slipped and fell on a thin sheet of ice on the plaza in front of defendant’s building.  Defendant presented evidence that it neither created nor had notice of the icy condition of the…

Read More Court Dismisses Slip/Fall Case Based on Fluid Dynamics Theory Requiring Expert Testimony
Share This: