Court: NY App. Div. Dept. 2

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In Krajniak v. Jin Y Trading, the Appellate Division, Second Department affirmed a summary judgment for plaintiff on the issue of liability  in a car accident case, due to the defendant’s violation of Vehicle and Traffic Law § 1141. The statute provides. The driver of a vehicle intending to turn to the left within an…

Read More Unsafe Left Turn Results in Proper Award of Summary Judgment to Plaintiff in Car Accident Case
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In Slattery v. Sachem N. High Sch., the Appellate Division, Second Department recently affirmed the lower court’s denial of defendants’ motion for summary judgment. Plaintiff claimed she “tripped and fell due to a difference in height between two concrete slabs of a sidewalk abutting the defendants’ premises.” The court explained the legal standard for determining…

Read More Sidewalk Defect Was Not “Trivial” as a Matter of Law; Trip-and-Fall Case Continues
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In Degen v. Uniondale Union Free School District, the Appellate Division, Second Department recently affirmed the denial of plaintiff’s motion for summary judgment on his Labor Law § 240(1) claim. “In order to establish liability under Labor Law § 240(1), there must be a violation of the statute, and the violation must be a proximate cause…

Read More Plaintiff Denied Summary Judgment on Labor Law § 240(1) Claim
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In Garrido v. Puente, the Appellate Division, Second Department held that a pedestrian was not entitled to summary judgment on liability. In this case, “[t]he plaintiff, a pedestrian crossing Bronx River Road at its intersection with Yonkers Avenue, was struck by an automobile operated and owned by the defendant, who was making a left turn…

Read More Pedestrian Not Entitled to Summary Judgment on Liability
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In honor of Super Bowl Sunday, here’s a case involving a football-related injury. In Bocelli v. County of Nassau, plaintiff sued after he sustained injuries while playing flag football in Stillwell Woods Park.  He claimed that “as he was running, he slipped and fell upon an exposed sprinkler head and sustained injuries to his left knee and…

Read More Court Permits Football-Related Injury Claims to Continue
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A recent Appellate Division, Second Department, decision, Williams v. Spencer-Hall, illustrates the application of the general rule that: When the driver of an automobile approaches another automobile from the rear, he or she is bound to maintain a reasonably safe rate of speed and control over his or her vehicle, and to exercise reasonable care…

Read More Summary Judgment Should Have Been Granted For Rear-Ended Plaintiff
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In Dixson v Waterways at Bay Pointe Home Owners Assn., Inc., the Appellate Division, Second Department reversed the summary judgment dismissal of plaintiff’s injury claim under Labor Law § 241(6). The court held that plaintiff, who was injured while power washing buildings in preparation for painting them, was indeed engaged in a specifically enumerated activity under the…

Read More Power Washing in Preparation for Painting Was Sufficient to Support Personal Injury Action by Worker Under Labor Law § 241(6)
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In Bellini v Gypsy Magic Enters., Inc., the Appellate Division, Second Department held that plaintiff’s complaint should have been dismissed.  Plaintiff alleged that she sustained injuries after she tripped and fell over a wheel stop located in a parking lot of a strip mall in Wantagh. “While a landowner has a duty to maintain its premises in…

Read More Since Wheel Stop Was “Open and Obvious”, Trip and Fall Complaint Should Have Been Dismissed
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In Blatt v. L’Pogee, Inc., the Appellate Division, Second Department, recently held that the trial court properly denied summary judgment to defendant in this trip-and-fall case. Plaintiff, a salesperson employed by defendants as an independent contractor, claimed that he tripped and fell on a hazardous condition created by another independent contractor salesperson employed by defendants.…

Read More Summary Judgment Properly Denied to Defendant in Trip-and-Fall Case Under the “Nondelegable Duty Exception” to Non-Liability for Independent Contractor’s Acts
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