Slip/Trip and Fall

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In Palladino v. City of New York (App. Div. 2nd Dept. April 1, 2015), the court affirmed the dismissal of plaintiff’s trip-and-fall case. Plaintiff alleged that she was injured when she “tripped on a depression in the asphalt surface abutting a metal plate which covered a valve box that served a nearby fire hydrant.” The…

Read More Trip/Fall Case Dismissed; Half-Inch Deep Depression Was “Trivial” as a Matter of Law
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In Moriarty v. Lenox Terrace Development Associates (NY Sup. Ct. 3/24/15), the plaintiff sought to recover for injuries she sustained after tripping and falling upon exiting a misleveled elevator in her building. She relied, in part, on the theory of “res ipsa loquitur”. The court explained that, in order to invoke that doctrine, a plaintiff…

Read More Elevator Misleveling Trip-and-Fall Case Proceeds to Trial on Res Ipsa Loquitur Theory
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In Connolly v. 129 East 69th St. Corp., a personal injury trip-and-fall case, one defendant moved for summary judgment to dismiss plaintiff’s case. The Supreme Court granted the motion. The Appellate Division, however, reversed that decision, finding that the defendant filed its motion one day after the motion filing deadline: Supreme Court’s individual part rules…

Read More Summary Judgment Motion Filed One Day Late Deemed Untimely in Personal Injury Case
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In Jangana v. Nicole Equities LLC (App. Div. 1st Dept. Apr. 9, 2015), a trip-and-fall case, the Appellate Division, First Department rejected the defendants’ argument that the alleged injury-causing defective condition – here, a moving carpet – was “trivial” as a matter of law. The court explained: Summary judgment was properly denied in this action…

Read More Carpet Trip/Fall Case Continues
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A recent Appellate Division decision, Valverde v. Great Expectations, LLC (decided March 31, 2015) is an example of a defense failure to make a prima facie showing to summary judgment in a personal injury premises liability case. The court affirmed the lower court’s denial of defendants’ motion, without considering plaintiff’s responsive papers. From the opinion: Defendants…

Read More Questions re Notice Result in Denial of Summary Judgment in Golf Path Trip/Fall Case
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In Barris v. One Beard St., LLC, the Appellate Division, Second Department reversed the grant of summary judgment to defendants. In this personal injury/premises liability case, “[t]he injured plaintiff, who was then 12 years old and accompanied by his father, allegedly slipped and fell on loose and broken pieces of asphalt as he was running…

Read More IKEA Slip/Fall Case Continues
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In Pion v. New York City Hous. Auth. (App. Div. 1st Dept. Feb. 10, 2015), the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment dismissing plaintiff’s complaint. In this personal injury premises liability lawsuit, plaintiff alleged that he was injured when he tripped and fell down a staircase in defendant’s building.…

Read More “Trap” Stairway Trip-Fall Case Continues
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In Rajkumar v. Budd Contracting Co. (App. Div. 1st Dept. 2/5/15), the Appellate Division, First Department unanimously revered the lower court’s order granting summary judgment to defendant. From the decision: Plaintiff, an employee of a framing contractor, commenced this action alleging that he slipped and was injured while carrying a framed mirror when his foot…

Read More Construction Paper Trip-Fall Case Continues
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In Fisher v. Kasten, decided January 21, 2015, the Appellate Division, Second Department dismissed plaintiff’s slip-and-fall case on the basis of the so-called “storm-in-progress” rule. Plaintiff alleges that in February 2011, he was “injured after slipping and falling on an icy condition on the landing of an exterior stairway of the apartment building in which…

Read More Court Applies “Storm in Progress” Rule to Dismiss Slip-and-Fall Case
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In Coley v. NYC Housing Authority (decided January 20, 2015) – an ice slip-and-fall case – the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment. It reasoned: Defendant failed to establish its entitlement to judgment as a matter of law in this action where plaintiff was injured when she slipped…

Read More Issues of Fact in Ice Slip/Fall Case Result in Proper Denial of Summary Judgment to Defendant
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