Court: NY App. Div. Dept. 2 – Page 15

August 13, 2014 by mjpospis

Rear-Ended Plaintiff Not Entitled to Summary Judgment in Car Accident Case

In Amador v. City of New York, decided August 13, 2014, the Appellate Division, Second Department explained: A rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence on the part of the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a…

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August 10, 2014 by mjpospis

Ambulance-Hit-Pedestrian Lawsuit Continues; “Emergency Vehicle” Recklessness Standard Inapplicable

In Benn v. New York Presbyt. Hosp., a pedestrian knockdown motor vehicle accident personal injury case decided August 6, 2014, the Appellate Division, Second Department denied defendants’ motion for summary judgment. In this case, a 13 year-old student was struck by a city ambulance while in the middle of a crosswalk after exiting a city…

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July 11, 2014 by mjpospis

Bicyclist’s Failure to Yield Right of Way Results in Summary Judgment for Defendant Driver

Bajada v. Spector, 2014 NY Slip Op 05143 (App. Div. 2nd Dept. July 9, 2014): The defendant established his prima facie entitlement to judgment as a matter of law on the issue of liability by demonstrating that the infant’s negligent operation of his bicycle in failing to yield the right-of-way was the sole proximate cause…

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July 11, 2014 by mjpospis

Plaintiff Appeals Sexual Harassment Masturbation Case

In Kaplan v. NYC Dept. of Health and Mental Hygiene et al., the plaintiff recently filed a Notice of Appeal from a May 16, 2014 decision and order dismissing her sexual harassment and retaliation claims. In this case, plaintiff alleged that she suffered harassment and a hostile work environment after being forced to watch a co-worker masturbate. In dismissing…

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July 8, 2014 by mjpospis

Court Upholds Jury Verdict for Plaintiff in Elevator Accident Case

In Brownrigg v. New York City Hous. Auth. (decided July 2, 2014) – a construction/elevator-accident case – the Appellate Division, Second Department denied defendants’ CPLR 4404 motion, and upheld the jury’s verdict that defendants were liable under New York Labor Law §§ 200 and 241(6). In this case, plaintiff and his coworker, both elevator mechanics, were repairing one…

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June 22, 2014 by mjpospis

Gratuitous Provision of Subway Air Conditioning Exonerates Transit Authority in Personal Injury Lawsuit

In Mahautiere v. New York City Tr. Auth., the Appellate Division, Second Department affirmed the dismissal of a lawsuit arising from a subway car’s failure to provide adequate air conditioning. The court held that the defendant established “that its gratuitous provision of air conditioning ‘created no justifiable reliance’ on the part of the plaintiff [citation omitted] and…

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June 15, 2014 by mjpospis

Stair Trip/Fall Case Continues

In Laguerre v. Kessler, a premises liability/trip-and-fall case, the Appellate Division, Second Department affirmed the denial of defendant’s motion for summary judgment. Initially, the court held that the “defendant established his prima facie entitlement to judgment as a matter of law by submitting proof that there was no defect in the subject carpeting, and that the carpeting…

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June 7, 2014 by mjpospis

Trip-and-Fall Case Continues; Defect Not “Trivial” as a Matter of Law

In Martyniak v Charleston Enters., LLC (decided June 4, 2014), a trip-and-fall action, the Appellate Division, Second Department affirmed the denial of summary judgment for defendant. Plaintiff allegedly sustained personal injuries when she tripped and fell over a piece of metal protruding from the sidewalk in front of a Target store located in Staten Island. The court…

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May 25, 2014 by mjpospis

Ice Skater Did Not Consent to Increased Risk by “Zigzagging” Employee; Case Against City Continues

In Kats-Kagan v City of New York, the Appellate Division, Second Department held (in a May 7, 2014 decision) that an ice skater’s personal injury suit should not have been dismissed as against the City of New York. The facts: The plaintiff, an experienced ice skater, allegedly was injured while ice skating at a rink owned…

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May 24, 2014 by mjpospis

Bus-Bicycle Accident Death Case Dismissed, Where Bus Driver Acted With Due Care

Even in cases involving horrific injuries or death, the plaintiff must still prove negligence – that is, a deviation from the relevant standard of care – in order to win. That’s the lesson of Clark v. Amboy Bus Co., decided by the Appellate Division, Second Department on May 21, 2014. In this tragic case of…

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