Slip/Trip and Fall

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In Rodriguez v. County of Westchester, a snow/ice slip-and-fall case, the Appellate Division, Second Department affirmed the denial of the motion for summary judgment filed by the listing broker for the property on which plaintiff fell. Here are the facts, as summarized by the court: The plaintiff allegedly was injured when she fell while walking…

Read More Snow/Ice Slip-and-Fall Case Continues Against Property’s Listing Broker
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Growing up, I spent a lot of time playing “manhunt” with my friends. Thankfully, unlike the plaintiff in a recent case, we never suffered any injuries while playing. Here are the facts of Wolfe v. North Merrick Union Free School District, 2014 NY Slip Op 07499, 122 AD3d 620 (App. Div. 2nd Dept. Nov. 5,…

Read More Plaintiff Injured During Game of “Manhunt” Did Not Assume Risk; Case Continues
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In Ndiaye v. NEP W. 119th St. LP, a slip-and-fall personal injury case, the Appellate Division, First Department reversed the trial court’s order granting defendant’s motion for summary judgment. Plaintiff sued to recover damages for injuries she allegedly suffered when she slipped and fell on ice on the front steps of defendant’s building. Defendant claimed…

Read More Court Rejects “Storm-In Progress” Argument in Reversing Summary Judgment for Defendant in Ice Slip/Fall Case
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In Bencebi v. Baywood Realty, LLC, a stairway-fall personal injury case, the Appellate Division, Second Department reversed the lower court’s order granting summary for defendant. That is, plaintiff’s case continues to trial. Here are the facts: [Plaintiff sued] to recover damages for personal injuries allegedly sustained by her when she fell while descending an interior…

Read More Lack of Handrail Cited in Denial of Summary Judgment to Defendant in Stair-Fall Personal Injury Case
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In Stanziale v. City of New York, the Appellate Division, Second Department held that a pedestrian walkway on which plaintiff allegedly slipped and fell was not part of the “sidewalk” for purposes of the statute shifting liability to private property owners. In this case, the plaintiff slipped on fell on snow and ice on a pedestrian ramp abutting…

Read More Pedestrian Ramp Was Not Part of the “Sidewalk”; Ice Slip/Fall Case Dismissed
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In Arashkovitch v. City of New York (2nd Dept. 12/17/14), a snow/ice slip-and-fall case, the court affirmed the denial of defendants’ motion for summary judgment. Here is the law: Homeowners of single-family homes that are owner-occupied, such as the appellants, are exempt from liability imposed pursuant to section 7-210(b) of the Administrative Code of the City of New…

Read More Creating or Exacerbating Icy Condition May Give Rise to Liability in Personal Injury Case
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In Ingleton v. Brooks Shopping Centers, the Appellate Division, First Department affirmed the denial of summary judgment to defendant ECI Contracting. The court held: ECI’s motion was properly denied in this action where plaintiff Norma Ingleton alleges that she was injured after falling on a staircase constructed by ECI. Although a contractual obligation does not…

Read More Contractor May Be Liable in Staircase Fall
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