Negligence

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In Jaiteh v. Whole Foods Market Group, Inc., No. 154251/2021, 2022 WL 2191385 (N.Y. Sup Ct, New York County June 17, 2022) the court, inter alia, dismissed plaintiff’s race discrimination claims, asserted under the New York State and City Human Rights Laws, against defendant Whole Foods Market Group. Here are the facts, as summarized by…

Read More Race, Gender Discrimination Claims Dismissed Against Whole Foods
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In a recent case, Stephanie L. v. House of the Good Shepherd, 2020 N.Y. Slip Op. 04643, 2020 WL 4876487 (N.Y.A.D. 4 Dept., Aug. 20, 2020), the court discusses and applies the foundational principle of “duty” in a negligence case. The facts here are relatively straightforward; in sum, plaintiffs adopted a child through defendant (a…

Read More Court: Foster Agency Owed Duty to Disclose Foster Child’s History to Adoptive Parents
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In Kuti v. Sera Sec. Servs., 2020 NY Slip Op 02153 (App. Div. 1st Dept. April 2, 2020), the Appellate Division, First Department affirmed the denial of defendant security company’s motion for summary judgment. Plaintiff here is a nurse who was injured when she was attacked by a patient at the healthcare facility where she…

Read More Attacked Nurse’s Negligence Suit Against Security Company Continues
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It’s New Year’s Eve – a time for reflection, and, of course, revelry. New Year’s Eve parties are a great opportunity to connect with friends, and to bring in the new year with a bang. Sometimes they’re completely enjoyable – and sometimes a shelf collapses on your head. In C.I.R. v. Mangaroni, LLC, No. 156031/2015,…

Read More Plaintiff Denied Summary Judgment in New Year’s Eve Party Accident
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One type of personal injury (negligence) claim is the so-called “negligent security” claim – which is itself a type of “premises liability” claim. In this type of case, the plaintiff asserts that the property owner or landlord failed to take necessary precautions to prevent harm arising from the alleged failure to provide adequate security. (One…

Read More “Negligent Security” Premises Liability Claims in New York
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In Katz v United Synagogue of Conservative Judaism, 2016 NY Slip Op 00094 (App. Div. 1st Dept. Jan. 12, 2016), the court held that the defendant owed the injured plaintiff a duty, and permitted her negligence claim to continue. This decision outlines general principles regarding the critical/threshold issue of duty in a negligence case. Here are…

Read More Synagogue Owed Duty to Study-Abroad Student
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Consider this law-school-exam-like scenario: Person goes to hospital, where she is prescribed medication that makes her drowsy (but not told that it will do so). She then, under the influence of the medication, drives and hits plaintiff with her car. Can plaintiff sue the hospital for negligence? These are the (simplified/summarized) facts of the Court…

Read More Court of Appeals: Hospital Owed Duty to Third Party
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In Stubbs v. 350 E. Fordham Rd., LLC, decided May 29, 2014, the Appellate Division, First Department reinstated plaintiff’s common-law negligence claim. Plaintiff “was standing on the sidewalk in front of the two-story building located at 350 East Fordham Road when part of the stucco siding on the building fell off the facade and struck her.”…

Read More Falling Stucco Personal Injury Case Continues
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