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In Yuk Ping Cheng Chan v. Young T. Lee & Son Realty Corp., the Appellate Division, First Department affirmed a denial of summary judgment for defendant in a slip-and-fall case. Plaintiff alleged that she slipped and fell on a “large patch of grease” on the public sidewalk abutting premises owned by Yount T. Lee &…

Read More Slip-and-Fall Case Continues; Nexus Between Hazardous Condition and Circumstances of Fall Shown
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In Kruk v City of New York, the Appellate Division, First Department, on December 19, 2013 unanimously affirmed the lower court’s order granting summary judgment dismissing plaintiffs’ claim under Labor Law § 241(6). Plaintiff was injured while using a power saw, when “the plywood he was cutting broke, pushing his left hand into the saw’s blade.”…

Read More Labor Law 241(6) Claim Dismissed; Power Saw Had Necessary Protective Guards
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In Caronia v. Philip Morris USA, Inc., decided December 17, 2013, the New York Court of Appeals addressed the following question: Under New York Law, may a current or former longtime heavy smoker who has not been diagnosed with a smoking-related disease, and who is not under investigation by a physician for such a suspected…

Read More New York Court of Appeals Refuses to Create New Cause of Action for “Medical Monitoring”
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In Noon v. IBM, the Southern District of New York recently ruled against defendant on plaintiff’s discrimination, failure-to-accommodate, and retaliation claims under the Americans with Disabilities Act of 1990 (ADA). Plaintiff sued her employer, International Business Machines (IBM), for violations of the Americans with Disabilities Act of 1990 (ADA). Plaintiff, who began working for IBM in…

Read More Disability Discrimination Case Against IBM Continues
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Below and here is the complaint filed by teacher Gregory Kenney against Trinity School, Pat Krieger, and Ann Gravel seeking relief under the New York State and City Human Rights Laws. The lawsuit is captioned Kenney v. Trinity School et al, NY Supreme Court, Index No. 161600-2013. Plaintiff – a “heterosexual, married male with three young children”…

Read More “Reverse” Discrimination Case Against Heterosexual Teacher
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In Anastasiya M. v New York City Bd. of Educ., decided December 4, 2013, the Appellate Division, Second Department reversed a summary judgment for defendant in a case arising from a gym-class injury. Plaintiffs sued “after the infant plaintiff allegedly was injured during a school gym class when she fell while walking backwards in an accelerated…

Read More Gym Class Injury Case Survives Summary Judgment
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A case decided by the First Department today, Dillard v. New York City Housing Authority, illustrates the circumstances under which the element of proximate cause may be resolved as a matter of law.  The court reversed a summary judgment for defendant, finding an issue of fact as to plaintiff’s comparative negligence. Here: Plaintiff, a resident…

Read More Plaintiff Was Not Sole Proximate Cause of Slip and Fall on Snow/Ice-Covered Steps
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In Madera v. Target Corp., the Southern District of New York denied defendant Target Corporation’s motion for summary judgment.  Plaintiff sued after slipping and falling on a puddle of water in one of defendants’ stores. While ordinarily personal injury suits are brought in state court, here the defendant removed the case to federal court on…

Read More Slip and Fall Case Continues; Store’s Announcement 30 Minutes Prior to Fall Suggested That Store Had Notice of Defective Condition
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In Scafe v. Schindler Elevator Corp., the Appellate Division, First Department affirmed the denial of summary judgment for defendant. Plaintiff sued for injuries sustained when elevator doors slammed on her hand. Summary judgment has been described as the procedural equivalent of a trial. “On a motion for summary judgment, the movant bears the burden of adducing affirmative…

Read More Elevator Accident Personal Injury Case Survives Summary Judgment
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