Constructive Notice

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Black metal fire escapes on beige apartment building Black metal fire escapes on beige apartment building

In Pearce v. Home Depot U.S.A., Inc., No. 14 CIV. 6836, 2016 WL 4540832 (S.D.N.Y. Aug. 30, 2016), the court denied defendant’s summary judgment motion on plaintiff’s personal injury / slip-and-fall claim. In sum, plaintiff claimed that they were injured when they slipped on a wet substance while in defendant’s store. As explained by the court,…

Read More Slip/Fall Case Continues; Destruction of Video Leads to Inference of Constructive Notice
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New York City skyline with Empire State Building New York City skyline with Empire State Building

A recent Second Department decision, Bergin v. Golshani, is instructive on the issue of when summary judgment is properly awarded to a defendant in a slip-and-fall case. Here is the law: A defendant landowner moving for summary judgment in a slip-and-fall case has the initial burden of establishing that it did not create the alleged…

Read More Lack of Inspection Evidence Properly Results in Denial of Summary Judgment for Defendants in Personal Injury Slip-and-Fall Case
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Smiling businessman wearing suit and red tie Smiling businessman wearing suit and red tie

In Lacey v. Target Corp., 2015 WL 2254968 (EDNY May 12, 2015), the court reviewed and applied the relevant New York law relating to slips and falls on foreign substances. Here, plaintiff alleged that she was injured when she slipped and fell on “slippery, old and dirty pieces of apple” in defendant’s store in Brooklyn,…

Read More Court Dismisses Apple-Slip-and-Fall Suit Against Target
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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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I’ve spent many Saturdays wandering around Barnes & Noble bookstores. Years ago I would frequent the Astor Place store; after it closed my go-to location became the Union Square store. That was my awkward segue into today’s post, about a slip-and-fall case against the behemoth bookseller. The accident in this case, Seleman v. Barnes & Noble, occurred…

Read More Escalator Slip/Fall Case Against Barnes & Noble Continues
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Gothic Woolworth Building in Lower Manhattan Gothic Woolworth Building in Lower Manhattan

In a recent case, Harrison v. New York City Tr. Auth., the First Department clarified how juries must be instructed on the issue of constructive notice in a slip-and-fall case. There, the court reversed a judgment entered on a $500,000 jury verdict for plaintiff and ordered a new trial on liability. Plaintiff “slipped and fell on…

Read More Citing Erroneous Jury Instruction on Constructive Notice, Court Orders New Liability Trial in Subway Slip/Fall Case
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