Court: NY App. Div. Dept. 2 – Page 11

July 24, 2015 by mjpospis

Bullied Student Survives Summary Judgment in Personal Injury (Negligent Supervision, Hiring, Retention) Personal Injury Action Against School

School bullying is unquestionably a serious issue. Whether it’s “traditional” physical bullying or so-called “cyberbullying”, such conduct can have negative effects on the victims for years after the fact. Bullying also presents legal issues, namely, whether and to what extent the school will be liable when a bullied victim sustains injuries. A recent case, Amandola v.…

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July 23, 2015 by mjpospis

Movie Theater Assault Case Continues

In Solomon v. National Amusements, Inc., 128 AD3d 947 (App. Div. 2nd Dept. May 20, 2015) – a personal injury case arising from an assault on plaintiffs by fellow movie patrons – the court affirmed the denial of the movie theater owner’s motion for summary judgment. Here’s the law: A property owner must act in…

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June 23, 2015 by mjpospis

Retaliation Claim Survives Summary Judgment

In La Marca-Pagano v. Dr. Steven Phillips, P.C., the court denied defendant’s motion for summary judgment as to plaintiff’s retaliation claim under the New York State Human Rights Law. Here’s the law: In order to make out a cause of action for retaliation, [a] plaintiff must show that (1) she has engaged in protected activity, (2)…

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June 18, 2015 by mjpospis

Rejection of Accommodation Request Results in Reversal of Summary Judgment for Defendant in Disability Discrimination Case

A recent state appellate decision, Cohen v. State of New York (App. Div. 2nd Dept. June 17, 2015), explains an employer’s duties regarding a requested accommodation for a disability under the New York State Human Rights Law. In Cohen, the Appellate Division, Second Department reversed the lower court’s grant of summary judgment to defendant on plaintiff’s…

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June 11, 2015 by mjpospis

Court Upholds $70k Punitive Damage Award Against Drunk Driver

In Chiara v. Dernago, 2015 NY Slip Op 04444 (2nd Dept. May 27, 2015), the Appellate Division, Second Department affirmed the denial of defendant’s motion under CPLR 4404(a) to set aside a jury verdict in plaintiff’s favor. Here are the facts of this personal injury / car accident case: The evidence at the trial on the…

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May 16, 2015 by mjpospis

Defendants Denied Summary Judgment in Personal Injury Case Arising From Fight at Church Fair

In Bisignano v. Raabe (App. Div. 2nd Dept. May 13, 2015) – a personal injury case arising from injuries sustained by the infant plaintiff who was punched and kicked by two teenage boys while attending a fair at St. Rose of Lima Church – the court reversed summary judgment for defendants. Here is the law applicable to this…

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May 9, 2015 by mjpospis

Struck Pedestrian Not Entitled to Summary Judgment

In Blok v. Mammadov (App. Div. 2nd Dept. March 18, 2015), the Appellate Division, Second Department, affirmed the denial of summary judgment to a pedestrian plaintiff. Here are the facts of this car accident case: While crossing Sheepshead Bay Road at or near its intersection with Emmons Avenue in Brooklyn, the plaintiff allegedly was injured…

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May 6, 2015 by mjpospis

Trip/Fall Case Dismissed; Half-Inch Deep Depression Was “Trivial” as a Matter of Law

In Palladino v. City of New York (App. Div. 2nd Dept. April 1, 2015), the court affirmed the dismissal of plaintiff’s trip-and-fall case. Plaintiff alleged that she was injured when she “tripped on a depression in the asphalt surface abutting a metal plate which covered a valve box that served a nearby fire hydrant.” The…

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April 2, 2015 by mjpospis

Decision Illustrates Breadth of NYC Human Rights Law

A recent Second Department decision, Messana v. Long Is. R.R. Co., 2015 NY Slip Op 01787 (decided March 4, 2015) illustrates the breadth of the New York City Human Rights Law – namely, the relatively high standard that a defendant must meet to secure summary judgment dismissing a claim for disability discrimination and retaliation. In…

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March 29, 2015 by mjpospis

Defendant’s Failure to Yield at Intersection Results in Summary Judgment for Plaintiff in Car Accident Case

One of the so-called “rules of the road”, New York Vehicle and Traffic Law (VTL) § 1142[a], provides: Vehicle entering stop or yield intersection (a) Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop as required by [VTL § 1172] and after having stopped shall yield the…

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