Court: NY App. Div. Dept. 2

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In Foley v. Santucci, 2016 NY Slip Op 00330 (App. Div. 2nd Dept. Jan. 20, 2016), a car accident case, the court reversed the denial of plaintiff’s motion for summary judgment. It explained: [Non-party witness affidavits] demonstrated that the sole proximate cause of the subject accident was the defendant driver’s violation of Vehicle and Traffic Law §…

Read More Left Turn Without Yielding Right of Way Results in Summary Judgment for Plaintiff in Car Accident Case
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In Rodriguez v Judge and Community Church of Astoria, 2015 NY Slip Op 07828 [132 AD3d 966] (App. Div. 2nd Dept. Oct. 28, 2015), the court explained and applied the well-known tort doctrine of “respondeat superior”, under which an employer is liable for the torts of its employees. Here are the (briefly-summarized) facts of this personal…

Read More Church Not Liable to Plaintiff for Assault/Battery by Employee’s Husband
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In Elsayed v. Al Farha Corp., 2015 NY Slip Op 07813, 132 AD3d 942 (App. Div. 2nd Dept. Oct. 28, 2015), the Second Department affirmed the denial of defendant’s motion for summary judgment. Plaintiff alleged that he fell into opened sidewalk cellar doors of a building owned by defendant T&T Steinway, LLC, from which defendant tenant…

Read More Cellar Door Personal Injury Case Continues; Defendant Failed to Establish That it Was an Out-of-Possession Landlord
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Teaching is hard work. In addition to the typical stresses of any job – rude co-workers, overbearing bosses, long hours – teachers are forced to deal with unique challenges, such as physical violence in the classroom. This has been in the news lately; the search results from a Google query for “student attack teacher” are disheartening, to…

Read More Absence of “Special Duty” Results in Dismissal of Injured Teacher’s Lawsuit
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In car accident litigation, a police report often supplies useful information. But is it admissible in court? That was an issue addressed by the Second Department in Memenza v. Cole, 2015 NY Slip Op 06789 (App. Div. 2d Dept. Sept. 16, 2015). The court summarized the law as follows: Facts stated in a police report…

Read More Improperly-Admitted Redacted Police Accident Report Results in New Trial Following Defense Verdict in Personal Injury (Pedestrian Knockdown) Case
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In Chou v. Ocean Ambulette Serv., Inc., 2015 NY Slip Op 06876 (App. Div. 2nd Dept. 2015), the court held that the plaintiff – a pedestrian who was injured when she was struck by an ambulette – was entitled to summary judgment on the issue of liability. Here are the facts that, in the court’s view,…

Read More Pedestrian Gets Summary Judgment in Car Accident Knockdown Case
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One of the most serious types of car accidents is the so-called “pedestrian knockdown” case, in which a motor vehicle hits a pedestrian. Unsurprisingly and for obvious reasons, in the “car v. pedestrian” scenario, the pedestrian is at significantly greater risk. In Zhu v. Natale (App. Div. 2nd Dept. 8/19/15), plaintiff was walking in a crosswalk…

Read More Pedestrian Wins on Liability in Auto Accident Knockdown Case
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In Castiglione v. Kruse – a personal injury/car accident/pedestrian knockdown case – the Appellate Division, Second Department reversed the lower court and granted the injured pedestrian-plaintiff’s motion for summary judgment on the issue of liability. The injured plaintiff was struck by defendants’ vehicle, which was making a left turn from Keith Lane to proceed eastbound on…

Read More Plaintiff Wins Summary Judgment in Pedestrian Knockdown Case
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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.…

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