D Motion for Summary Judgment Denied

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In Humphrey v. Park View Fifth Ave. Assoc. LLC, the court modified a lower court’s order to grant plaintiff’s motion for summary judgment on liability on his Labor Law § 240(1) claim, and affirmed the denial of defendants’ motion for summary judgment on plaintiff’s common-law negligence and Labor Law § 200 claims. Plaintiff claimed that he…

Read More Court Holds in Favor of Injured Construction Worker on Labor Law 200 and 240(1) Claims
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Plaintiff was injured when she slipped on an accumulation of water and fell in the bathroom of her apartment in defendants’ building.  The water that caused plaintiff’s fall came from a leak in the bathroom ceiling. The trial court denied defendants’ motion for summary judgment, and the Appellate Division, First Department, affirmed.  The case is Hernandez…

Read More Apartment Occupant Can Continue Case Arising Out of Slip-and-Fall On Water From Ceiling Leak
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In Seleznyov v New York City Tr. Auth., the Appellate Division, First Department reversed summary judgment for, and reinstated plaintiff’s complaint against, defendants New York City Transit Authority and the City of New York. It held: NYCTA failed to establish entitlement to judgment as a matter of law, in this action where plaintiff was injured…

Read More Questions Regarding Adequacy and Reasonableness of Subway Cleaning Schedule Result in Reinstatement of Slip-and-Fall Case
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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 DaSilva v. New York City Transit Authority, the Appellate Division, First Department denied defendant’s motion for summary judgment.  In this trip-and-fall case: Plaintiff allegedly tripped and fell on a step on stairway P4A which accesses a platform in the Rockefeller Center, IND division subway station. It appears that metal treads installed on the horizontal…

Read More Trip/Fall on Subway Steps Survives Summary Judgment
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In Dominguez v. 2520 BQE Assoc., LLC, the Appellate Division, First Department recently affirmed the denial of defendant Time Warner Cable’s (TWC) motion for summary judgment. First, the facts: Plaintiff was injured when he slipped and fell on a sheet of ice at the top landing of a four-to-five step staircase as he exited a…

Read More Ice Slip/Fall Case Continues
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In Xiong Chen v. Weiqi Zhang, the Eastern District of New York recently denied both parties’ motions for summary judgment. Plaintiff worked as a waiter for Andy’s Restaurant in Brooklyn and made $150 per week before tips.  There were no records detailing plaintiff’s employment, his weekly work schedule, the hours he worked, or the money he…

Read More Factual Issues Preclude Summary Judgment in Overtime Case
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In Nelson v. Tamara Taxi, the Appellate Division, First Department reversed a summary judgment dismissing plaintiff’s complaint on the ground that he did not establish a “serious injury” under the Insurance Law. In this car accident case, plaintiff alleged that he sustained serious injuries when the front of his vehicle was struck by a taxi.…

Read More Evidence of Injuries to Spine, Shoulder, and Knee Sufficient to Defeat Summary Judgment as to “Serious Injury” in Car Accident Case
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In Pickering v. Uptown Communications & Elec., Inc., the New York Supreme Court (Queens County) denied defendants’ motion for summary judgment on plaintiff’s “prior conviction” discrimination claim, but dismissed his race discrimination claim. Defendant Uptown, a contractor for Time Warner Cable of New York City, employed plaintiff as a cable technician. A criminal background check…

Read More Cable Technician’s Criminal Conviction Discrimination Claim Continues; Race Discrimination Claim Dismissed
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