In 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 FailuresIn 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-TurnsIn Vega v. Crane, 2018 NY Slip Op 03262 (App. Div. 4th Dept. May 4, 2018), a motor vehicle accident death case, the court explicitly held “that a person does not owe a common-law duty to motorists to refrain from sending a text message to a person whom he or she knows, or reasonably should know,…
Read More Fourth Department: No Duty to Refrain From Sending Text Message to DriverIn Urena v. GVC Ltd., 2018 NY Slip Op 02426 (App. Div. 1st Dept. April 10, 2018) – a rear-end car accident case – the court affirmed the lower court’s decision to grant plaintiff’s motion for summary judgment judgment on the issue of liability and dismissal of all affirmative defenses and counterclaims alleging comparative fault. The First…
Read More Plaintiff Properly Awarded Summary Judgment in Hit-in-Rear CaseIn Valente v Dave & Buster’s of N.Y., Inc. 2018 NY Slip Op 01089 (App. Div. 2d Dept. Feb. 14, 2018), the court affirmed the dismissal of plaintiff’s personal injury lawsuit, arising from an assault at a Dave & Buster’s restaurant. From the decision: On October 8, 2010, the plaintiff was stabbed while at a…
Read More Dave & Buster’s Stabbing Lawsuit Dismissal AffirmedIn Forman v. Henkin, 2018 NY Slip Op 01015 (N.Y. Ct. App. Feb. 13, 2018), a personal injury case, the New York Court of Appeals provided guidance on how courts should evaluate discovery requests for discovery of information from litigants’ social media accounts. Judge DiFiore wrote: [C]ourts addressing disputes over the scope of social media discovery should…
Read More NY Court of Appeals Outlines Standards for Social Media DiscoveryIn Pronk v. Standard Hotel, 2018 NY Slip Op 00903 (App. Div. 1st Dept. Feb. 8, 2018), the court affirmed the denial of defendants’ motion for summary judgment. In this personal injury / premises liability case, plaintiff sued after he cut his left foot on a glass candleholder while entering a spa pool in Le…
Read More Foot-Cut Premises Liability Suit Continues Against Standard HotelFrom Jones v. New York City Hous. Auth., 2018 NY Slip Op 00027 (App. Div. 1st Dept. Jan. 2, 2018): Defendant established its prima facie entitlement to judgment as a matter of law in this action where plaintiff was injured when he slipped and fell on ice. Defendant submitted evidence, including the testimony of its supervisor of…
Read More Ice Slip/Fall Case Survives Summary JudgmentIn Bissett v 30 Merrick Plaza, LLC, 2017 NY Slip Op 08805 (App. Div. 2d Dept. Dec. 20, 2017), the court affirmed the denial of defendant’s motion for summary judgment. In this case, plaintiff alleged that she “was injured when she slipped and fell on a pile of wet leaves on one of the steps of…
Read More Slip/Fall Personal Injury Case Survives Summary JudgmentPospis Law has been retained to represent, and obtain compensation for, a client involved in a terrible moving vehicle accident. Our client – a beloved grandmother (affectionately known as “Grandma”) – was, while lawfully walking home from a holiday party on Christmas Eve, struck by a vehicle being operated in a negligent manner. In addition…
Read More Grandma v. Claus Manufacturing, et al