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In Mazza v. Our Lady of Perpetual Help Roman Catholic Church, 134 A.D.3d 1073 (N.Y. App. Div. 2nd Dept. 2015), the court affirmed the lower court’s denial of defendant’s motion for summary judgment on liability, and declined to find that the alleged defect upon which plaintiff tripped was “trivial” as a matter of law. In…
Read More Trip-and-Fall Case Continues; Alleged Defect Was Not “Trivial”
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In the recent case of Bryant v. Town of Brookhaven, No. 12761/10, 2016 WL 230089 (N.Y. App. Div. 2d Dept. Jan. 20, 2016) provides an overview of the personal injury law concept of “assumption of risk”. Here, the injured plaintiff was playing golf when he slipped and fell on a wet wooden railroad tie that lined…
Read More Golfer Assumed Risk; Slip/Fall Case Dismissed
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In Brown v. Addison Hall Owners Corp., No. 16744, 2016 WL 237527 (N.Y. App. Div. Jan. 21, 2016), the Appellate Division, First Department affirmed the denial of summary judgment to defendants on plaintiff’s personal injury premises liability (slip/fall) claim. From the decision: In this action alleging a slip and fall on a wet floor inside…
Read More Decision: Slip/Fall Case Survives Summary Judgment; No Evidence that Defendants Mopped on Day of Accident
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“Under the so-called ‘storm in progress’ rule, a property owner will not be held responsible for accidents occurring as a result of the accumulation of snow and ice on its premises until an adequate period of time has passed following the cessation of the storm to allow the owner an opportunity to ameliorate the hazards…
Read More New York’s “Storm in Progress” Rule
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In Irizarry v. 1915 Realty LLC, 2016 NY Slip Op 00009 (App Div. 1st Dept. Jan. 5, 2016), the Appellate Division, First Department reversed the lower court’s order granting summary judgment to defendant on plaintiff’s personal injury/premises liability/slip-and-fall case. Teh court explained: Triable issues of fact regarding whether defendant caused or created the wet stair condition…
Read More Wet Stairway Slip/Fall Case Survives Summary Judgment Man in pink blazer and blue bow tie
In personal injury litigation against the City of New York, the name of the game is the Notice of Claim. In Lewis v. New York City Hous. Auth., 2016 NY Slip Op 00040 (App. Div. 1st Dept. Jan. 7, 2016), the court affirmed the lower court’s order granting defendant’s motion to strike allegations from plaintiff’s…
Read More Court Precludes Theory Not Asserted in Notice of Claim
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In Santiago v Weisheng Enters. LLC, the Appellate Division, First Department affirmed the denial of summary judgment to defendants on plaintiff’s personal injury claim. From the decision: Defendants property owner and lessee-restaurant failed to establish their entitlement to judgment as a matter of law, in this action where plaintiff alleges that he was injured when he…
Read More Defendants Not Entitled to Summary Judgment on Plaintiff’s Slip/Fall Claim
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In Taveras v 1149 Webster Realty Corp., 2015 NY Slip Op 09192, the court held that plaintiff’s trip-and-fall case should not have been dismissed: [W]e find that defendants in this case failed to meet their initial burden of establishing, prima facie, their entitlement to judgment as a matter of law by asserting that plaintiff could not…
Read More Plaintiff Adequately Identified Defect Causing Him to Fall; Summary Judgment for Defendants Overturned
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You may have heard that Al Sharpton’s daughter Dominique has sued the City of New York for $5 million to recover for injuries allegedly sustained in a trip-and-fall accident. Here’s her April 29, 2015 lawsuit. An article in yesterday’s NY Post noted that Ms. Sharpton “was a no-show [on Dec. 2, 2015] for the first court…
Read More Dominique Sharpton’s “No Show” in Her $5M Personal Injury Case Against the City of New York
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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