Court: NY App. Div. Dept. 1

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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…

Read More Ceiling Collapse Personal Injury Premises Liability Case Continues
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In Williamson v Ogden Cap Props., LLC, decided January 27, 2015, the Appellate Division, First Department affirmed the denial of defendant’s summary judgment motion, permitting plaintiff’s claims to continue. From the decision: Defendants failed to make a prima facie showing that they lacked constructive notice of the alleged defective mailbox panel, because it is undisputed…

Read More Failure to Inspect Alleged Defective Mailbox Panel Results in Continuation of Postal Worker’s Personal Injury Case
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In Coley v. NYC Housing Authority (decided January 20, 2015) – an ice slip-and-fall case – the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment. It reasoned: Defendant failed to establish its entitlement to judgment as a matter of law in this action where plaintiff was injured when she slipped…

Read More Issues of Fact in Ice Slip/Fall Case Result in Proper Denial of Summary Judgment to Defendant
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As illustrated by a 1930 First Department products liability case, there are, apparently, worse things than shooting your eye out with a toy gun. Setting yourself on fire, for example. From Crist v. Art Metal Works, 230 A.D. 114, 116, 243 N.Y.S. 496, 497 (App. Div. 1930) aff’d, 255 N.Y. 624, 175 N.E. 341 (1931): Defendant…

Read More Toy Gun Danger
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One type of “premises liability” case arises from injuries sustained on a landowner’s property as a result of a third-party’s acts, namely, criminal conduct. However, whether an injured plaintiff can recover depends on the third party’s status. As explained by the Appellate Division, First Department in Hierro v. New York City Housing Authority (decided December…

Read More No Landlord Liability Where On-Premises Assault Not Committed by “Intruders”
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A recent First Department decision, Cruz v. Lise, held that the plaintiff – whose car was rear-ended by the defendant’s car – was entitled to summary judgment. In reversing the lower court’s denial of plaintiff’s motion for summary judgment, the court held: In support of her motion, plaintiff submitted an affidavit averring that she had…

Read More But They Stopped Short! Too Bad, Says Court: Rear-Ended Plaintiff Gets Summary Judgment in Rear-End Car Accident Case
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In Powers v. 31 E 31 LLC, 2014 NY Slip Op 07084, 24 NY3d 84 (Ct. App. Oct. 21, 2014), the Appellate Division, First Department affirmed the denial of defendants’ motion for summary judgment dismissing the complaint. I had previously written about the Court of Appeals’ October 21, 2014 decision in plaintiff’s favor on various…

Read More Case Arising From Plaintiff’s Fall Down Air Shaft Continues
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A recent First Department decision, Kim v. Harry Hanson, Inc., illustrates the effectiveness – or, in this case, the lack thereof – of a release in a personal injury case that purports to limit an alleged tortfeasor’s liability. In Kim, Plaintiff sustained injuries while engaged in a personal training program, under a trainer’s supervision and instruction,…

Read More Release Does Not Bar Personal Injury Case Against Gym
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