In Suarez v. Emerald 115 Mosholu LLC, 2018 NY Slip Op 06059 (App. Div. 1st Dept. Sept. 13, 2018) – a trip-and-fall personal injury case – the court held that the alleged defect was not “trivial” as a matter of law and, therefore, that plaintiff’s case should not have been dismissed on summary judgment. The facts,…
Read More Defect Was Not “Trivial” as a Matter of Law; Trip/Fall Case ContinuesFrom KM v. Fencers Club, Inc., 2018 NY Slip Op 05923 (App. Div. 2d Dept. Aug. 29, 2018): A necessary element of a cause of action alleging negligent hiring or negligent supervision of an employee is that the “employer knew or should have known of the employee’s propensity for the conduct which caused the injury” (Kenneth R.…
Read More Fencing School Held Not Liable for Sexual Assault of Minor By CoachFrom Fuentes v. Theodore, 2018 WL 3748315, at *1 (N.Y.A.D. 2 Dept., 2018): The defendant established her prima facie entitlement to judgment as a matter of law by submitting evidence that no dangerous or defective condition existed with respect to the stepladder (see Bernal v. 521 Park Ave. Condo, 128 A.D.3d 750, 9 N.Y.S.3d 358; Balashanskaya…
Read More Personal Injury Case Dismissed; Stepladder Was Not Dangerous/DefectiveTo succeed in a slip-and-fall case, the injured plaintiff must establish that the defendant property owner was negligent. This is typically done by showing that they had actual or constructive notice of, yet failed to correct, the dangerous condition. In a recent decision, Canteen v. New York City Housing Authority, 2018 NY Slip OP 05733…
Read More Slip/Fall Dismissal Affirmed; Notice Undermined by Caretaker Affidavit
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In Green v. Price Chopper, Inc., 2018 NY Slip Op 05578 (App. Div. 2nd Dept. Aug. 1, 2018), a personal injury trip-and-fall case, the court held that the defendant supermarket was not entitled to summary judgment on liability. Plaintiff testified that she tripped and fell over a raised portion of a rubber mat near the supermarket…
Read More Raised Mat Not “Trivial” Defect as a Matter of Law; Summary Judgment for Defendants ReversedThe fact pattern of in the recent case of Deng v. Young, 2018 NY Slip Op 05414 (App. Div. 4th Dept. July 25, 2018) is any parent’s nightmare: Plaintiff’s son (hereafter, child) was a student at Webster Elementary School, improperly sued as Webster Elementary School District, which is located in the Syracuse City School District (collectively,…
Read More Personal Injury Case Against School Survives Summary JudgmentIn Lillo-Arouca v. Masoud, 2018 NY Slip Op 05150 (App. Div. 2d Dept. July 11, 2018), the court affirmed the dismissal of plaintiff’s amended complaint alleging personal injuries arising from a dog bite. Here is the law, as summarized by the court: To recover upon a theory of strict liability in tort for a dog bite or…
Read More Dog Bite Personal Injury Case Dismissal AffirmedIn DiPasquale v. Boys & Girls Harbor Inc., 2018 NY Slip Op 04947 (App. Div. 1st Dept. July 3, 2018), a personal injury/premises liability case, the court unanimously affirmed the denial of defendant’s motion for summary judgment. This case underscores the responsibilities that premises owners have to maintain their property in a reasonably safe condition. From…
Read More Electrocution Injury Case Against Employer’s Landlord Survives Summary JudgmentIn A.L. v City of New York, 2018 NY Slip Op 51033(U) (Sup. Ct. N.Y. Cty. June 21, 2018) (J. Tisch), the court awarded sanctions against the City of New York for its failure to provide discovery. From the decision: Regarding plaintiffs’ motion to strike the defendants’ answer, the Court will not recite the facts but…
Read More Court Awards Sanctions Against City for Discovery Failures
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In Cerio v. Carrington, 2018 NY Slip Op 03597 (App. Div. 1st Dept. May 17, 2018), a car accident case, the court unanimously affirmed the lower court’s grant of summary judgment to defendant City of New York. From the decision: Plaintiff was injured when defendant Carrington, an intoxicated driver, attempted to make an illegal u-turn and collided…
Read More Car Accident Case Dismissed Against City; No Prior Illegal U-Turns