Snowy entrance to 8th Street subway station
In Mable v. 384 East Associates, LLC, 2019 NY Slip Op 06442, 2019 WL 4146514 (App. Div. 1st Dept. Sept. 3, 2019) – an elevator accident case – the court reversed a grant of summary judgment for defendant. In this case, plaintiff asserts that he was injured when an elevator door closed on his right…
Read More Elevator Personal Injury Case Survives Summary Judgment
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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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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…
Read More Court Upholds Jury Verdict for Plaintiff in Elevator Accident Case
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It’s been said that the “close door” buttons on certain elevators don’t do anything. One unlucky plaintiff apparently encountered an elevator with a functioning “close door” button, with an unpleasant result. In Chanice v. Federal Express Corp. (decided June 26, 2014), plaintiff alleged that “the top portion of a bi-folding industrial elevator door struck plaintiff in the head…
Read More FedEx Elevator Accident Case Continues
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In Alford v. City of New York, the Appellate Division, First Department unanimously affirmed a trial court’s refusal to allow defendants to obtain or use plaintiff’s medical records relating to prior substance abuse and mental health treatment. Plaintiff sued to recover for back and knee injuries, as well as post-traumatic stress disorder and mental and psychological injuries, allegedly…
Read More Mental Health and Substance Abuse Records Properly Precluded Following Withdrawal of PTSD/Mental Injury Injury Claims in Elevator Accident Case
Man in suit with orange tie on sidewalk
In Hettich v 125 E. 50th St. Co., LLC, the Appellate Division, First Department recently modified a lower court order to deny defendants’ motion for summary judgment dismissing the complaint, and affirmed the denial of plaintiff’s motion for summary judgment on liability. In this case, plaintiff was injured when the hoist cable for the dumbwaiter in…
Read More Dumbwaiter Injury Suit Continues
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In Scafe v. Schindler Elevator Corp., the Appellate Division, First Department affirmed the denial of summary judgment for defendant. Plaintiff sued for injuries sustained when elevator doors slammed on her hand. Summary judgment has been described as the procedural equivalent of a trial. “On a motion for summary judgment, the movant bears the burden of adducing affirmative…
Read More Elevator Accident Personal Injury Case Survives Summary Judgment