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Personal Injury

To 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 […]

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 […]

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, […]

In 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 […]

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 […]

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 […]

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 […]

In 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, […]

From Rodriguez v. City of New York, 2018 NY Slip Op 02287 (April 3, 2018): This appeal requires us to answer a question that has perplexed courts for some time: Whether a plaintiff is entitled to partial summary judgment on the issue of a defendant’s liability, when, as here, defendant has arguably raised an issue of fact […]

In 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 […]