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In Garcia v. New York City Transit Authority, the Appellate Division, Second Department held that the trial court should have granted the Transit Authority’s CPLR 4401 motion for judgment as a matter of law on the issue of liability. Here are the facts: At approximately 9:50 a.m. on May 22, 2006, the plaintiff’s decedent fell…
Read More Court Dismisses Subway Overcrowding Death Lawsuit
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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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In Anastasiya M. v New York City Bd. of Educ., decided December 4, 2013, the Appellate Division, Second Department reversed a summary judgment for defendant in a case arising from a gym-class injury. Plaintiffs sued “after the infant plaintiff allegedly was injured during a school gym class when she fell while walking backwards in an accelerated…
Read More Gym Class Injury Case Survives Summary Judgment
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In McGough v. Cryan, Inc. (decided Nov. 27, 2013), the Appellate Division, Second Department held that the trial court properly denied defendant’s, and should have denied plaintiff’s, respective motions for summary judgment. The court described the injury and the alleged condition causing it: The tip of the plaintiff’s right ring finger was severed when he sat…
Read More Neither Party Entitled to Summary Judgment in Bar Stool Severed Fingertip Case
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In Carrion v. City of New York, the Appellate Division, Second Department affirmed a summary judgment for plaintiff on his claim under Labor Law § 240(1). Plaintiff “allegedly was standing on an extension ladder that had been placed atop a scaffold when the scaffold unexpectedly tipped away from a wall, causing him to fall to the…
Read More Falling Worker Succeeds on Labor Law § 240(1) Claim