Plaintiff Awarded Summary Judgment

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In Tria v. Regis High School (decided April 14, 2014), the court granted plaintiff’s motion for summary judgment on his Labor § 240(1) claim, but denied it with respect to plaintiff’s Labor Law § 241(6) claim. Plaintiff was injured when, while unloading a tractor trailer of press board panels and stacking them on an A frame dolly, the…

Read More Court Considers Weight and Force Generated By Falling Object in Granting Injured Worker Summary Judgment on Labor Law 240(1) Claim
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In Serra v. Goldman Sachs Group, the Appellate Division, First Department held that the trial court properly granted plaintiffs’ motion for partial summary judgment as to liability on plaintiff’s Labor Law § 240(1) claim: [P]laintiffs submitted uncontradicted deposition testimony that the unsecured extended ladder upon which plaintiff was working slipped and fell out from underneath him.…

Read More Ladder Slip Results in Summary Judgment for Plaintiff on Labor Law 240(1) Claim
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In Bisram v. Long Island Jewish Hospital, a recent construction accident case, the Appellate Division, First Department affirmed the lower court’s decision to grant plaintiff’s motion for summary judgment on his Labor Law § 240(1) claim, but modified the decision and granted defendants’ motion as to plaintiff’s claims based on Labor Law § 200 and certain claims…

Read More Defendant’s Failure to Secure Steel Beam Results in Summary Judgment for Plaintiff on Labor Law 240(1) Claim
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The Supreme Court, Nassau County recently held, in Gbajumo v. Mecchella, that the plaintiff was entitled to summary judgment in a rear-end car accident case. The facts: [P]laintiff had entered the Long Island Expressway eastbound, and had been traveling in the right lane for about 100 tcct (5 car lengths) when the accident occurred. Defendant testified that:…

Read More Rear-Ended Plaintiff Awarded Summary Judgment in Car Accident Case
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In Joplin v. City of New York, the First Department unanimously reversed the trial court’s decision which granted defendants’ motion to renew plaintiff’s motion for partial summary judgment on the issue of liability and, upon renewal, denied plaintiff’s motion. Initially, the trial court “granted plaintiff’s motion based on the undisputed evidence that plaintiff’s car was stopped at…

Read More Trial Court Should Have Denied Defendant’s Renewal Motion in Rear-End Collision Case
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In Krajniak v. Jin Y Trading, the Appellate Division, Second Department affirmed a summary judgment for plaintiff on the issue of liability  in a car accident case, due to the defendant’s violation of Vehicle and Traffic Law § 1141. The statute provides. The driver of a vehicle intending to turn to the left within an…

Read More Unsafe Left Turn Results in Proper Award of Summary Judgment to Plaintiff in Car Accident Case
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In Garcia v Neighborhood Partnership Hous. Dev. Fund Co., Inc., the Appellate Division, First Department modified a lower court’s decision and held that plaintiffs were entitled to summary judgment on liability under Labor Law § 240(1), the so-called “Scaffold Law” (but not with respect to the remaining claims). The court explained the law under Labor Law §…

Read More Foreseeable Building Collapse Results in Summary Judgment for Plaintiffs Under “Scaffold Law” (Labor Law § 240(1))
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In Humphrey v. Park View Fifth Ave. Assoc. LLC, the court modified a lower court’s order to grant plaintiff’s motion for summary judgment on liability on his Labor Law § 240(1) claim, and affirmed the denial of defendants’ motion for summary judgment on plaintiff’s common-law negligence and Labor Law § 200 claims. Plaintiff claimed that he…

Read More Court Holds in Favor of Injured Construction Worker on Labor Law 200 and 240(1) Claims
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A recent Appellate Division, Second Department, decision, Williams v. Spencer-Hall, illustrates the application of the general rule that: When the driver of an automobile approaches another automobile from the rear, he or she is bound to maintain a reasonably safe rate of speed and control over his or her vehicle, and to exercise reasonable care…

Read More Summary Judgment Should Have Been Granted For Rear-Ended Plaintiff
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