Court: NY App. Div. Dept. 1

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In Serra v. Goldman Sachs Group, the Appellate Division, First Department held that the trial court properly granted plaintiffs’ motion for partial summary judgment as to liability on plaintiff’s Labor Law § 240(1) claim: [P]laintiffs submitted uncontradicted deposition testimony that the unsecured extended ladder upon which plaintiff was working slipped and fell out from underneath him.…

Read More Ladder Slip Results in Summary Judgment for Plaintiff on Labor Law 240(1) Claim
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In Herrera v. Dulisse, a car accident case, the Appellate Division, First Department reversed the lower court’s grant of summary judgment to defendant on plaintiff’s claim that she suffered a “serious injury”. Defendant “failed to establish his entitlement to judgment as a matter of law with respect to plaintiff’s claims under the ‘permanent consequential limitation of…

Read More Evidence of Bulging Disc and 20% Loss of Use of Cervical Spine Sufficient to Meet Serious Injury Threshold in Car Accident Case
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In Kang v. Almanzar, the Appellate Division, First Department recently modified the trial court’s grant of summary judgment to defendant on the issue of whether plaintiff suffered a “serious injury” to her right shoulder under the “significant limitation in use” category set forth in Insurance Law § 5102(d). Initially, Defendants made a prima facie showing that…

Read More Plaintiff Presents Sufficient Evidence of “Significant Limitation” to Right Shoulder to Meet “Serious Injury” Threshold
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Did a car accident cause plaintiff’s stroke? That is the question recently addressed by the First Department in Sadek v. Wesley. The court reversed a trial court ruling precluding plaintiff’s neurological experts from testifying and dismissing plaintiff’s complaint. This motor vehicle accident case arose from a collision between a limousine driven by plaintiff Sadek and a Greyhound…

Read More First Department Reverses Decision Precluding Expert Testimony on Causation and Condemns “Ambush” Trial Motion Practice
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In Bisram v. Long Island Jewish Hospital, a recent construction accident case, the Appellate Division, First Department affirmed the lower court’s decision to grant plaintiff’s motion for summary judgment on his Labor Law § 240(1) claim, but modified the decision and granted defendants’ motion as to plaintiff’s claims based on Labor Law § 200 and certain claims…

Read More Defendant’s Failure to Secure Steel Beam Results in Summary Judgment for Plaintiff on Labor Law 240(1) Claim
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One type of “premises liability” case is involves an allegation that the property owner has failed to provide adequate security, which leads to an on-premises assault. In one such case, Terrero v New York City Housing Authority, the Appellate Division, First Department affirmed the denial of summary judgment to the defendant. Plaintiff sued on behalf of her…

Read More Negligent Security Lawsuit Arising From Roof Sexual Assault Survives Summary Judgment
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In McGuinness v Concentric Health Care LLC, the Appellate Division, First Department permitted plaintiff’s New York City Human Rights Law-based age discrimination and retaliation claims to continue. As to plaintiff’s discrimination claim: Defendants failed to demonstrate that they did not discriminate against plaintiff on the basis of her age. Plaintiff, who was 49 when she was…

Read More Age Discrimination and Retaliation Claims Continue Against Pharmaceutical Advertising Agency
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In Ferrara v. Middleton, the Appellate Division, First Department recently held that plaintiff raised an issue of fact as to whether he satisfied the “serious injury” threshold of New York’s “No Fault Law” sufficient to defeat defendants’ motion for summary judgment.  Defendants met their initial burden on summary judgment: Defendants established prima facie that plaintiff did…

Read More Plaintiff Raises Fact Issue as to Whether Shoulder Injury Constitutes a “Serious Injury” Under the No-Fault Law
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In Hettich v 125 E. 50th St. Co., LLC, the Appellate Division, First Department recently modified a lower court order to deny defendants’ motion for summary judgment dismissing the complaint, and affirmed the denial of plaintiff’s motion for summary judgment on liability. In this case, plaintiff was injured when the hoist cable for the dumbwaiter in…

Read More Dumbwaiter Injury Suit Continues
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In Cerverizzo v City of New York, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment on plaintiff’s Labor Law 241(6) claim which was predicated on a violation of 12 NYCRR 23-1.7(g) pertaining to “oxygen deficient work areas.” In this case: Plaintiff Joseph Cerverizzo, an employee of third party defendant subcontractor…

Read More Worker’s Labor Law Case, Based on Inhalation of Toxic Fumes in Aeration Tank at Sewage Plant, Continues
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