Personal Injury

by

In Wagman v Morgan Stanley Children’s Hospital of New York Presbyterian, No. 160709/21, 2022-05622, 771, M-3778, 2023 N.Y. Slip Op. 05214, 2023 WL 6626886 (N.Y.A.D. 1 Dept., Oct. 12, 2023), the court unanimously affirmed the lower court’s Order granting plaintiff’s motion, pursuant to CPLR 3126, to strike defendants’ answer for spoliation of evidence. In this…

Read More Failure to Preserve Slip/Fall Video Results in Stricken Answer
Share This:
by

In Valdez v. Upper Creston, LLC, 2022 NY Slip Op 00367 (NY App. Div. 1st Dept. Jan. 20, 2022), a personal injury case, the court unanimously affirmed the lower court’s order granting plaintiff’s motion for summary judgment on the issue of liability against defendant. In this premises liability case, the plaintiff (a resident of a…

Read More “Res Ipsa Loquitur” Applies in Personal Injury Case Arising From Collapsing Drain
Share This:
by

In McMyler v. Bank of Utica, 19-cv-812, 2021 WL 2778830 (N.D.N.Y. July 2, 2021), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s sex/pregnancy discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. After summarizing the relevant black-letter law –…

Read More Pregnancy/Sex Discrimination Claim Dismissed; Boyfriend’s Personal Injury Lawsuit Against Defendant Was Justifiable Basis For Termination
Share This:
by

In Cabrera v Thomas, No. 13472, 2020-04779, 29663/18E, 2021 N.Y. Slip Op. 02060, 2021 WL 1216540 (N.Y.A.D. 1 Dept., Apr. 01, 2021) – a case arising from a multiple-vehicle “chain reaction” car accident – the court affirmed the summary judgment dismissal in favor of the middle vehicle. From the decision: Plaintiffs sustained injuries as a…

Read More Stopped Middle Driver in Chain-Reaction Car Accident Held Not Liable
Share This:
by

In Hewitt v. Palmer Veterinary Clinic, PC, No. 28, 2020 N.Y. Slip Op. 05975, 2020 WL 6163313 (N.Y., Oct. 22, 2020), the New York Court of Appeals held that the so-called “vicious propensity notice” rule – generally applicable to situations where an injury results from a domestic animal – was inapplicable here, where the alleged attack…

Read More “Vicious Propensity” Rule Inapplicable to Claim Arising From Dog Attack in Veterinary Clinic Waiting Room
Share This:
by

In Generoso v Miller’s Ale House, No. 100655/16, 2019-03816, 2020 N.Y. Slip Op. 03897, 2020 WL 3980724 (N.Y.A.D. 2 Dept., July 15, 2020), the court denied defendant’s motion for summary judgment. The court summarized the well-known applicable legal standard: A defendant who moves for summary judgment in a slip-and-fall case has the initial burden of…

Read More Slip/Fall Personal Injury Case Survives Summary Judgment; Warning Sign Related Only to Duty to Warn
Share This:
by

In Monzac v. 1141 Elder Towers LLC, 2020 NY Slip Op 01243 (App. Div. 1st Dept. Feb. 20, 2020) – a personal injury slip-and-fall case – the court reversed the lower court’s directed verdict for defendant. From the decision: Plaintiff’s trial evidence established prima facie that defendant had constructive notice of the water on the…

Read More Evidence of Water on Lobby Floor Meets Summary Judgment Burden in Personal Injury Slip/Fall Case
Share This:
by

In Quiros v. Hawkins, 2020 NY Slip Op 01020 (App. Div. 1st Dept. Feb. 13, 2020) – a personal injury / car accident / hit-in-the-rear case – the Appellate Division, First Department unanimously reversed the lower court’s denial of plaintiff’s motion for partial summary judgment on the issue of liability. From the decision: It is…

Read More Brake Failure Claim Insufficient to Avoid Judgment for Plaintiff in Rear-End Collision Car Accident Case
Share This: