Court: NY App. Div. Dept. 1

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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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In DaSilva v. New York City Transit Authority, the Appellate Division, First Department denied defendant’s motion for summary judgment.  In this trip-and-fall case: Plaintiff allegedly tripped and fell on a step on stairway P4A which accesses a platform in the Rockefeller Center, IND division subway station. It appears that metal treads installed on the horizontal…

Read More Trip/Fall on Subway Steps Survives Summary Judgment
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In Addonisio v. City of New York, the Appellate Division, First Department modified the trial court’s ruling and vacated the dismissal of plaintiff’s Labor Law § 241(6) claim against the City of New York and his Labor Law § 200 and common-law negligence claims against Con Ed.  It affirmed, however, the dismissal of plaintiff’s Labor Law §…

Read More Electrocuted Worker Can Continue Suit Against the City of New York and Con Edison
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In Dominguez v. 2520 BQE Assoc., LLC, the Appellate Division, First Department recently affirmed the denial of defendant Time Warner Cable’s (TWC) motion for summary judgment. First, the facts: Plaintiff was injured when he slipped and fell on a sheet of ice at the top landing of a four-to-five step staircase as he exited a…

Read More Ice Slip/Fall Case Continues
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In Nelson v. Tamara Taxi, the Appellate Division, First Department reversed a summary judgment dismissing plaintiff’s complaint on the ground that he did not establish a “serious injury” under the Insurance Law. In this car accident case, plaintiff alleged that he sustained serious injuries when the front of his vehicle was struck by a taxi.…

Read More Evidence of Injuries to Spine, Shoulder, and Knee Sufficient to Defeat Summary Judgment as to “Serious Injury” in Car Accident Case
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In Gervais v. Laino, plaintiff sought to recover for injuries inflicted by defendant’s dog.  The court held that plaintiff’s complaint should have been dismissed. Plaintiff stated that while walking in Central Park, she saw the dog, whose hind paw was caught in a fence and who was wailing in pain.  The parties apparently disputed whether…

Read More The Case of the Ungrateful Dog
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In Hall v. United Founders, Ltd., a dog bite case, the Appellate Division, First Department reversed a summary judgment for defendant dismissing plaintiff’s complaint. Plaintiff sued after being attacked by a dog being dept by a construction site night watchman. Defendant United Founders, a general contractor, was constructing buildings on two adjacent properties.  It hired…

Read More Dog Bite Case Continues; Issue of Fact Existed as to Awareness of Offending Dog’s Vicious Propensities
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