Court: NY App. Div. Dept. 1

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In Frechtman v. Gutterman, the Appellate Division, First Department affirmed the dismissal of a defamation claim brought by an attorney against his clients. Specifically, the court held that the complained-of-statements were non-actionable opinion, and were protected by absolute and qualified privileges. The facts: Plaintiff, A. Bernard Frechtman, a practicing attorney for more than 60 years,…

Read More Lawyer Sues Clients for Defamation, Loses
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In Pecile v. Titan Capital Group, the Appellate Division, First Department, ruled on a number of discovery issues relating to, among other issues, plaintiffs’ social media postings. The case made headlines a few years back (e.g., here, here, and here) due to its racy allegations that financier Russell Abrams forced his assistant, plaintiff Danielle Pecile, to get prints of honeymoon…

Read More Court Rules on Discovery Issues in “Topless Wife Photo” Sexual Harassment Case Against Titan Capital and Russell Abrams
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Plaintiff was injured when she slipped on an accumulation of water and fell in the bathroom of her apartment in defendants’ building.  The water that caused plaintiff’s fall came from a leak in the bathroom ceiling. The trial court denied defendants’ motion for summary judgment, and the Appellate Division, First Department, affirmed.  The case is Hernandez…

Read More Apartment Occupant Can Continue Case Arising Out of Slip-and-Fall On Water From Ceiling Leak
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In Seleznyov v New York City Tr. Auth., the Appellate Division, First Department reversed summary judgment for, and reinstated plaintiff’s complaint against, defendants New York City Transit Authority and the City of New York. It held: NYCTA failed to establish entitlement to judgment as a matter of law, in this action where plaintiff was injured…

Read More Questions Regarding Adequacy and Reasonableness of Subway Cleaning Schedule Result in Reinstatement of Slip-and-Fall Case
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In Tompa v. 767 Fifth Partners, the Appellate Division, First Department affirmed the dismissal of plaintiff’s slip-and-fall case. Plaintiff alleged that she slipped and fell on a thin sheet of ice on the plaza in front of defendant’s building.  Defendant presented evidence that it neither created nor had notice of the icy condition of the…

Read More Court Dismisses Slip/Fall Case Based on Fluid Dynamics Theory Requiring Expert Testimony
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In a recent case, Harrison v. New York City Tr. Auth., the First Department clarified how juries must be instructed on the issue of constructive notice in a slip-and-fall case. There, the court reversed a judgment entered on a $500,000 jury verdict for plaintiff and ordered a new trial on liability. Plaintiff “slipped and fell on…

Read More Citing Erroneous Jury Instruction on Constructive Notice, Court Orders New Liability Trial in Subway Slip/Fall Case
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In Dove v. Manhattan Plaza Health Club, the Appellate Division, First Department dismissed plaintiff’s complaint seeking recovery for injuries after slipping on water around a health club’s indoor pool. Defendants “showed that the presence of such water was ‘necessarily incidental’ to the use of the pool.” In response, plaintiff failed to raise a triable issue…

Read More Pool Slip/Fall Case Dismissed; Water Was “Necessarily Incidental” to Use of Pool
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A recent Appellate Division, First Department case, Vivas v. VNO Bruckner Plaza LLC (decided January 7, 2014) illustrates the obvious point that in slip/trip and fall cases, specific attention must be paid to exactly where the accident occurred. The court reversed the trial court’s denial of defendant Payless Shoesource, Inc.’s motion for summary judgment, and…

Read More Tenant Absolved of Liability Where Slip/Trip and Fall Occurred in Location Outside Leased Premises
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In Trezza v. Metropolitan Transportation Authority, the Appellate Division, First Department recently affirmed and modified a decision by the Supreme Court, Bronx County relating to the damages phase of a car accident case. The trial court entered a judgment on a jury’s verdict awarding plaintiff damages in the amounts of $500,000 for past pain and…

Read More First Department Finds “Serious Injury” Based on Shoulder and Spine Injuries, and Conditionally Modifies Damages in Car Accident Case to $300,000 for Past Pain & Suffering
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