Court: NY Supreme NY

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In Hermitage Ins. Co. v. Beer-Bros, Inc. of NYC (a personal injury/premises liability case), the Supreme Court, NY County (in an opinion by Judge Braun) held in a decision dated May 12, 2015 that a bar/restaurant’s insurer was not obligated to defend or indemnify the bar under the “assault and battery” exclusion in the applicable insurance policy.…

Read More “Assault and Battery” Insurance Policy Exclusion Applies Where Bystander Was Injured by Bar’s Bouncer
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In her personal injury lawsuit captioned Brouillette v. Lisa Kistermann et al. and filed in New York Supreme Court on May 4, 2015, plaintiff Robin Brouillette alleges that on March 25, 2015, defendants Lisa Kistermann and Jessica Kistermann caused her “to be precipitated down a set of stairs” and suffer injuries.

Read More Injury Lawsuit by Robin Brouillette Against Lisa and Jessica Kistermann
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In Moriarty v. Lenox Terrace Development Associates (NY Sup. Ct. 3/24/15), the plaintiff sought to recover for injuries she sustained after tripping and falling upon exiting a misleveled elevator in her building. She relied, in part, on the theory of “res ipsa loquitur”. The court explained that, in order to invoke that doctrine, a plaintiff…

Read More Elevator Misleveling Trip-and-Fall Case Proceeds to Trial on Res Ipsa Loquitur Theory
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Here is the complaint, captioned Matthew Luke v. Al Jazeera America and Osman Mahmud, NY Sup. Ct. NY Cty. Index No. 154219-2015 (Apr. 28, 2015), filed against news organization Al Jazeera and others. Plaintiff alleges that defendants retaliated against him after he opposed defendant Mahmud’s discriminatory acts against his colleagues on the basis of their gender,…

Read More Discrimination Lawsuit Against Al Jazeera America
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In Connolly v. 129 East 69th St. Corp., a personal injury trip-and-fall case, one defendant moved for summary judgment to dismiss plaintiff’s case. The Supreme Court granted the motion. The Appellate Division, however, reversed that decision, finding that the defendant filed its motion one day after the motion filing deadline: Supreme Court’s individual part rules…

Read More Summary Judgment Motion Filed One Day Late Deemed Untimely in Personal Injury Case
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In a complaint filed in New York State Supreme Court, captioned Cynthia Terrana v. Cantor Fitzgerald & Co. et al. (NY Sup. Ct. 3/6/15, No. 152281-2015), plaintiff alleges that she was subjected to discrimination (termination) based on her pregnancy, in violation of the New York State and City Human Rights Laws. In particular, plaintiff alleges (among…

Read More Pregnancy Discrimination Lawsuit Against Cantor Fitzgerald
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In Lake v. Holzer (Sup. NY Feb. 9, 2015), a personal injury car accident pedestrian knockdown case, the court held that the “emergency doctrine” was inapplicable and granted plaintiff’s cross-motion for summary judgment. Here are the facts: [P]laintiff Collin Lake, a pedestrian, was standing on the raised median island which separates the north and southbound lanes…

Read More Median Jump to Avoid Fender-Bender Unreasonable; Emergency Doctrine Inapplicable; Pedestrian Awarded Summary Judgment on Liability in Car Accident Case
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