Plaintiff Defeats Summary Judgment (Personal Injury)

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In Sager v. Waldo Gardens, Inc., 2018 NY Slip Op 07359 (App. Div. 1st Dept. Nov. 1, 2018) – a personal injury slip-and-fall case – the court affirmed the lower court’s denial of summary judgment to the defendant. The outcome, like so many cases of this type, turned on the often difficult-to-prove issue of constructive notice. From…

Read More Slip/Fall Case Survives Summary Judgment; Court Cites Porter’s Failure to Mop the Area Despite Noticing it Was Wet
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In Sanchez v. Morris Ave. Equities Corp., 2018 NY Slip Op 07071 (App. Div. 1st Dept. Oct. 23, 2018), a premises liability personal injury case, the court affirmed the denial of summary judgment to defendant. In this case, the plaintiff was assaulted in the gated alleyway leading to the boiler room and the superintendent’s apartment in…

Read More Defendant Denied Summary Judgment in Premises Liability Assault Case
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In Adriana G. v. Kipp Wash. Hgts. Middle Sch., 2018 NY Slip Op 06787 (App. Div. 1st  Dept. Oct. 11, 2018), the Appellate Division unanimously affirmed the lower court’s denial of defendants’ motion for summary judgment. According to the decision, plaintiff “sustained injuries that resulted in her right ring finger being amputated after it became caught…

Read More Student’s Amputated-Finger Case Survives Summary Judgment
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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 Continues
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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 Reversed
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The 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 Judgment
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In 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 Judgment
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