Ceiling Collapse – Pospis Law, PLLC

September 27, 2017 by mjpospis

“Res Ipsa Loquitur” Doctrine Held Inapplicable in Ceiling-Collapse Personal Injury Case, But Complaints to Superintendent Demonstrated Notice Sufficient to Overcome Summary Judgment

In Correa v. Matsias, 2017 WL 4159254 (N.Y.A.D. 2 Dept. Sept. 20, 2017), a ceiling-collapse personal injury case, the court held that plaintiff could not employ the doctrine of “res ipsa loquitur” at trial. That doctrine, explained the court, is a rule of evidence that permits an inference of negligence to be drawn solely from…

Ceiling Collapse Personal Injury Case Dismissal Affirmed

Ceiling-collapse cases are one type of “premises liability” personal injury case. Generally, a landowner has an obligation to maintain their property in a reasonably safe condition. In Lozano v. Mt. Hope Place Props., Inc., 2016 NY Slip Op 05545 (App. Div. 1st Dept. July 14, 2016), a ceiling-collapse case, the court affirmed the dismissal of plaintiff’s…

Ceiling Collapse Personal Injury Premises Liability Case Continues

In Negroni v. Langsam Prop. Servs. Corp. (App. Div. 1st Dept. Jan. 29, 2015), the court affirmed the denial of defendants’ motion for summary judgment dismissing plaintiff’s complaint. In this personal injury (premises liability) case, plaintiff alleged that she was injured when the kitchen ceiling in her apartment collapsed. Defendants were not entitled to summary…