In Oliver v. Central Park Sightseeing, LLC, 2019 NY Slip Op 02788 (App. Div. 1st Dept. April 11, 2019), the First Department unanimously affirmed the denial of defendant’s motion to dismiss plaintiff’s personal injury complaint. In this case ,plaintiff alleged that she was injured when she fell from a bicycle that she rented from the…
Read More Bicycle-Fall Lawsuit Continues; Malfunctioning Brakes BlamedIn Shatsky v. Highpoint Assoc. V, LLC, 2019 NY Slip Op 01825 (App. Div. 1st Dept. March 14, 2019) – a slip/trip-and-fall premises liability personal injury case – the court unanimously affirmed the lower court’s order denying defendant’s motion for summary judgment. From the decision: Triable issues of fact regarding whether defendant Bagels and More…
Read More Water Diversion Pipe Cited in Summary Judgment Denial in Slip/Trip and Fall CaseIn Cruz v. Perspolis Realty LLC, 2019 NY Slip Op 01531 (App. Div. 1st Dept. March 5, 2019) – a slip-and-fall case – the court reversed the lower court’s order granting summary judgment to defendants. The court explained: Triable issues of fact exist in this action where plaintiff was injured when, while descending the interior…
Read More Ice Cream Slip/Fall Case Survives Summary JudgmentIn Esposito v. Rail Bar & Grill Corp., 2019 NY Slip Op 01198 (App. Div. 2nd Dept. Feb. 20, 2019), the court affirmed the dismissal of plaintiff’s claim under New York General Obligations Law § 11-101, a/k/a the Dram Shop Act. In sum, plaintiff alleged that the defendants served alcohol to the plaintiff’s assailants when…
Read More “Dram Shop Act” Claim Dismissal AffirmedIn Castillo v. Slupecki, 2019 NY Slip Op 29033 (Sup. Ct. Bronx Cty. Feb. 8, 2019), the court held (upon reargument) that plaintiff – who seeks damages for injuries sustained as a result of a “pedestrian-knockdown” car accident – was free from comparative fault as a matter of law. The court had previously granted plaintiff summary judgment…
Read More Pedestrian Knockdown Plaintiff Was Free From Comparative Fault as a Matter of Law, Court HoldsIn Njewadda v. Showtime Networks, Inc. 2019 NY Slip Op 29031 (NY Sup. Ct. NY Cty. Jan. 29, 2019), the court dismissed plaintiff’s personal injury claim against Showtime, the MTA, and the New York City Transit Authority (NYCTA). In sum, plaintiff in this case alleges that while in NYC’s Grand Central subway station, after descending…
Read More Dexter “Optical Distraction” Lawsuit DismissedIn Alvarado v. City of New York, 2019 NY Slip Op 00962 (App. Div. 1st Dept. Feb. 7, 2019), a personal injury case, the court unanimously affirmed the dismissal of plaintiff’s complaint. From the decision: Defendant made a prima facie showing of its entitlement to judgment as a matter of law, by submitting evidence that plaintiff…
Read More Basketball Injury Case Properly DismissedIn Hobbs v. New York City Hous. Auth., 2019 NY Slip Op 00686 (App. Div. 1st Dept. Jan. 31, 2019) – a personal injury slip-and-fall case – the court unanimously affirmed the lower court’s denial of defendant’s motion for summary judgment. In this case, plaintiff alleges that they slipped on urine in an elevator in one of…
Read More Elevator Urine Slip/Fall Case Overcomes Summary JudgmentIn Barracato v. SP Plus Corp., 2019 NY Slip Op 00698 (App. Div. 1st Dept. Jan. 31, 2019), a personal injury motor vehicle accident case, the First Department unanimously affirmed the lower court’s decision denying defendants’ motion for summary judgment. In sum, plaintiff was unloading merchandise from the drivers’ side of his truck on a a two…
Read More Should’ve Honked: Plaintiff Overcomes Summary Judgment in Accident CaseFrom Franco v. City of New York, 2019 NY Slip Op 00377 (App. Div. 1st Dept. Jan. 22, 2019): Plaintiff established entitlement to judgment as a matter of law in this action where he was injured when defendants’ tow truck was left unattended by its driver, defendant Millar, and rolled backwards into plaintiff’s car, which was…
Read More Plaintiff Entitled to Judgment in Rolling Tow Truck Case; Alleged Mechanical Failure Did Not Raise Issue of Fact