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 ContinuesIn 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 CaseIn 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 LoquiturIn 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 CaseIn 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 ContinuesIn 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 CaseIn Herrington v. Metro-North Commuter R.R. Co., decided June 17, 2014, the First Department affirmed the Supreme Court’s (Judge Rakower) dismissal of plaintiff’s gender discrimination, sexual orientation discrimination, and retaliation claims under the New York City Human Rights Law. First, the court held that plaintiff failed to state a claim for discrimination based on sexual…
Read More Comments Were Too Remote in Time to Support Sexual Orientation Discrimination Claim Under NYC Human Rights LawIn DeSimone v. City of New York, decided July 3, 2014, the First Department held: Plaintiff’s Labor Law § 241(6) claim was improperly dismissed on the ground that plaintiff was not covered under the statute. Plaintiff testified that he was an onsite project manager, employed by one of multiple general contractors on the subject construction…
Read More Project Manager Covered By Labor Law 241(6) in Construction Accident Case, Even Though He Did Not Perform “Labor-Intense” WorkIn Arrin C. v. New York City Department of Education (decided June 10, 2014) the Appellate Division, First Department affirmed the trial court’s conditional reduction of a multi-million dollar jury award. Plaintiff, an autistic 11-year old student, sustained injuries to his mouth – including one of his teeth being knocked out and another being knocked into his…
Read More $4.6 Million Pain & Suffering Jury Verdict Reduced to $250,000 in School Injury CaseIn Pecile v. Titan Capital Group, LLC, 2014 NY Slip Op 05053, 119 A.D.3d 446 (App. Div. 1st Dept. July 3, 2014), the Appellate Division, First Department held that the plaintiffs in this sexual harassment lawsuit[1]Redacted. are entitled to production of (1) all documents concerning complaints of sexual harassment and/or retaliation, whether internal or external, made…
Read More Sexual Harassment Plaintiffs Entitled to Discovery Regarding Harassment Complaints, First Dept. Holds