Summary Judgment for Plaintiff (Personal Injury)

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In Rodriguez v. Beal, 2021 NY Slip Op 01220 (App. Div. 1st Dept. Feb. 25, 2021), the court unanimously affirmed the lower court’s order granting plaintiff’s motion for summary judgment as to liability. In personal injury cases, particularly car accident cases, it is relatively rare for a plaintiff (the party claiming that they were the victim…

Read More Rear-End Car Accident Plaintiff Entitled to Summary Judgment; “Sun Glare” Was Insufficient Explanation for Accident
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In Goodwin v. Dix Hills Jewish Ctr., 2016 NY Slip Op 07293 (App. Div. 2nd Dept. Nov. 9, 2016), a construction accident case, the court held that plaintiff established a violation of New York Labor Law § 240(1). It therefore modified a lower court order denying plaintiff’s, and granting defendant’s, motion on that issue. Here are the…

Read More Injured Worker Who Fell From Ladder Entitled to Summary Judgment on Labor Law 240(1) Claim; Work Was Ancillary to Covered Activity of “Altering”
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Negligence cases, particularly those arising from car accidents, involve many facts, and hence questions of fact that are typically for a jury. However, there are situations where a plaintiff might be entitled to judgment as a matter of law. One example of such a situation is the case of State Farm Fire & Cas. Co. v.…

Read More Plaintiff Awarded Summary Judgment in Auto Accident Case Where Defendant’s “Sneezing Fit” Was Documented in Police Report
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