Court: NY App. Div. Dept. 1

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In Rodriguez v. Woods (a snow/ice slip-and-fall case) the Appellate Division, First Department reversed summary judgment for defendant City of New York. Plaintiff sued to recover for injuries sustained when she fell on an icy sidewalk. The main dispute in this case was “whether plaintiff raised an issue of fact as to whether the ice on…

Read More Injured Plaintiff Presents Sufficient Facts to Overcome Summary Judgment in Snow/Ice Slip-and-Fall Personal Injury Case
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In Derezeas v. Robert H. Glover & Assoc., Inc., decided October 16, 2014, the Appellate Division, First Department, held that the Supreme Court properly denied defendant’s motion for summary judgment. That is, plaintiff gets to have her case decided by a jury. Plaintiff was a pedestrian who was injured when an individual participating in defendant’s running…

Read More Pedestrian Literally “Run Down”; Case Continues
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In Cole v. Sears, Roebuck & Co., decided Sept. 30, 2014, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment on plaintiff’s discrimination (hostile work environment) and retaliation claims. As to plaintiff’s discrimination claim, the court held: Viewed in the light most favorable to plaintiff, the evidence shows that, from…

Read More Evidence of Anti-Gay Hate Speech Suffices to Overcome Summary Judgment on Sexual Orientation Discrimination and Hostile Work Environment Claims
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In Abraham v. Chelsea Piers Mgt., Inc. (decided Oct. 7, 2014), the Appellate Division, First Department unanimously reversed the denial of defendant’s motion for summary judgment. Here are the facts of this tragic personal injury case, involving the drowning death of a trespasser: In the early morning hours of April 1, 2009 plaintiff’s decedent drowned in…

Read More Chelsea Piers Not Liable for Drunk Trespasser’s Drowning Death
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In Hermina v. 2050 Valentine Ave. LLC, the Appellate Division, First Department reversed summary judgment in favor of defendants. In this personal injury case, plaintiff sustained injuries when the window in her apartment suddently fell while her hands were on the window sill. In reversing summary judgment, the court held: Triable issues of fact exist as…

Read More Falling Window Personal Injury Case Continues
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In Ortiz v. New York City Housing Authority, decided Sept. 11, 2014, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment. In this personal injury slip/trip-and-fall case, plaintiff sued after she was injured after falling on ice on the sidewalk adjacent to defendant’s residential building. In finding that the trial…

Read More Plaintiff Overcomes Summary Judgment in Ice Trip/Fall Case
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In Barney-Yeboah v. Metro-North Commuter Railroad, the Appellate Division, First Department held that plaintiff was entitled to summary judgment on the issue of liability under the doctrine of resipsa loquitur. Here are the facts of this personal injury case: Plaintiff, a passenger on defendant’s train, was allegedly injured when a ceiling panel in the train…

Read More Court Holds that Train Panel Injury Results in Summary Judgment in Plaintiff’s Favor Under Doctrine of Res Ipsa Loquitur
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In Topchieva v. Lovett Co., LLC, the Appellate Division, First Department held: As clearly depicted on the surveillance video included in the record, plaintiff was injured when she slipped and fell immediately upon entering the lobby of defendants’ building. One of the lobby’s double glass doors was closed and locked, while the door through which plaintiff…

Read More Video of Mat Placement Results in Continuation of Lobby Slip/Fall Case
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In Luckey v. City of New York, the Appellate Division, First Department held on August 7, 2014 that the trial court should not have dismissed the plaintiff’s negligence claims against the City of New York. “Plaintiff’s’ decedent was an inmate at Rikers Island who was treated for chronic asthma during the few weeks in which she was…

Read More Inmate Asthma Death Suit Continues
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In DiVetri v. ABM Janitorial Services (decided July 24, 2014) the Appellate Division, First Department affirmed the denial of defendants’ motion for summary judgment. In this personal injury case, plaintiff slipped and fell on water she tracked onto the marble lobby floor of a building she entered. The water came from a hose being used by defendant’s…

Read More Watering Sidewalk + Marble Floor + No Mats = Continuation of Slip/Fall Case
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