Car accident cases typically involve questions of fact, such as who had the red/green light, who entered the intersection first, whether a driver was looking at their cell phone at the time of impact, etc. – the list goes on and on. This is why it may be difficult for one party to a car…
Read More Questions of Fact Preclude Summary Judgment for Plaintiff in Car Accident CaseIn Aycardi v. Robinson, 2015 Slip Op 04249 (App. Div. 1st Dept. May 19, 2015), the court addressed the not-uncommon scenario where the plaintiff seeks to hold the employer of an alleged wrongdoer liable under the principle of vicarious liability. In this case, plaintiff pedestrian asserts that she was hit by a car being driven by…
Read More Questions of Fact Regarding Vicarious Liability Preclude Summary Judgment in Car Accident CaseNews of the recent tragic death of Kasey Jones, who fell to her death as she tried to use a fire escape to re-enter her apartment, illustrates (perhaps ironically) the potential risks associated with these life-saving, and quintessentially New York City, building appendages. A case recently decided by the Appellate Division, First Department, Lombardi v. Partnership…
Read More Fire Escape Injury Case ContinuesIn DiMarzo v. Jones Lang LaSalle Ams. Inc. (App. Div. 1st Dept. June 11, 2015), the Appellate Division, First Department affirmed the denial of defendants’ motion for summary judgment. In this personal injury / trip-and-fall case, plaintiff alleged that they were injured after tripping and falling on an extension cord on defendants’ premises. The court explained: The…
Read More Extension Cord Trip-Fall Case ContinuesIn Geralds v. Damiano, 2015 NY Slip Op 04380 (App. Div. 1st Dept. May 21, 2015), the Appellate Division, First Department affirmed the denial of summary judgment to plaintiff. In this personal injury / motor vehicle accident /rear-end collision case: Plaintiff was injured when he was struck by a truck owned by defendant New York City…
Read More Rear-Ended Plaintiff Not Entitled to Summary JudgmentHere’s another reason not to eat potato chips – or at least not to litter. Plaintiff Yvette Hawthorne-King alleged that she slipped and fell on exterior steps of a NYC Housing Authority Building “when she used her foot to swipe aside a potato chip bag on one step, and then slipped on an oily substance…
Read More Potato Chip Bag-Kick Slip/Fall Case Survives Summary JudgmentIn Cooney v. City of New York Dept. of Sanitation, 2015 NY Slip Op 03465 (App. Div. 1st Dept. Apr. 28, 2015), the Appellate Division, First Department reversed a lower court decision to dismiss plaintiff’s failure-to-hire disability discrimination claims for failure to state causes of action under the New York State and New York City Human…
Read More Psoriasis-Suffering Plaintiff Suffiiently Pleads Disability DiscriminationIn Ward v. Urban Horizons II Hous. Dev. Fund Corp. (NY App. Div. 1st Dept. May 7, 2015), the Appellate Division, First Department affirmed summary judgment for plaintiff on his Labor Law § 240(1) claim. Here are the facts of this personal injury/construction accident case: Plaintiff commenced this lawsuit seeking to recover for personal injuries sustained on July…
Read More Coworker Was “Looking at Girls” Instead of Ladder-Fall Plaintiff; Summary Judgment for Plaintiff on Labor Law 240(1)/Ladder Fall Claim AffirmedIn Raghavendra v. Bollinger, 2015 NY Slip Op 03775 (App. Div. 1st Dept. May 5, 2015), the court affirmed the lower court’s grant of summary judgment to defendant. This employment discrimination case (asserted under the New York State and City Human Rights Laws) illustrates how courts evaluate so-called failure to rehire cases, for statute of…
Read More Initial Rehire Refusal Triggers Statute of Limitations; Discrimination Action Was Time-BarredIn Rollins v. Fencers Club, Inc. (App. Div. 1st Dept. May 5, 2015), the Appellate Division, First Department affirmed the denial of defendants’ motion for summary judgment dismissing plaintiff’s complaint alleging age discrimination in violation of the NYC Human Rights Law. As a result, plaintiff gets a trial on her claims. The court analyzed plaintiff’s…
Read More Age Discrimination Plaintiff Defeats Summary Judgment; Age-Related Comments Were Not “Stray Remarks”