Personal Injury

In Palaj v. Marion Scott Real Estate, Inc., 2019 NY Slip Op 00958 (App. Div. 1st Dept. Feb. 7, 2019), the court held that plaintiff’s personal injury claim should have been dismissed, and reversed the lower court’s decision to the contrary. In a terse decision, the court explained: Plaintiff Sander Palaj, and his wife suing derivatively, commenced…

Read More Co-Op City Shooting Victim’s Personal Injury Lawsuit Dismissed

In Barracato v. SP Plus Corp., 2019 NY Slip Op 00698 (App. Div. 1st Dept. Jan. 31, 2019), a personal injury motor vehicle accident case, the First Department unanimously affirmed the lower court’s decision denying defendants’ motion for summary judgment. In sum, plaintiff was unloading merchandise from the drivers’ side of his truck on a a two…

Read More Should’ve Honked: Plaintiff Overcomes Summary Judgment in Accident Case

In Vasquez-Santos v. Mathew, 2019 NY Slip Op 00541 (App. Div. 1st Dept. Jan. 24, 2019), a car accident personal injury case, the court ruled on an increasingly-prevalent issue in litigation: the extent to which a plaintiff’s social media posts are discoverable by the other side. Plaintiff, a formerly semi-professional basketball player, sued after sustaining injuries in…

Read More Defendant Entitled to Social Media Discovery in Auto Accident Case

From Franco v. City of New York, 2019 NY Slip Op 00377 (App. Div. 1st Dept. Jan. 22, 2019): Plaintiff established entitlement to judgment as a matter of law in this action where he was injured when defendants’ tow truck was left unattended by its driver, defendant Millar, and rolled backwards into plaintiff’s car, which was…

Read More Plaintiff Entitled to Judgment in Rolling Tow Truck Case; Alleged Mechanical Failure Did Not Raise Issue of Fact

From Wanting Mei v Bilal Munir, N.Y. Sup. Ct. N.Y. Cty. Index No. 153578/2018 (Jan. 15, 2019): Plaintiffs motion, which contends that she was crossing in the pedestrian crosswalk, with the crossing light, when defendant’s vehicle struck her, has made out a prima facie case of negligence. Plaintiffs motion further establishes that she was not…

Read More Plaintiff Granted Summary Judgment in Pedestrian-Knockdown Case

A recent decision, Grant v. Almonte, 2019 NY Slip Op 00057 (App. Div. 1st Dept. Jan. 3, 2019), provides some insight into the mechanics of an “open court” settlement under New York Civil Practice Law & Rules 2104. That statute provides: An agreement between parties or their attorneys relating to any matter in an action, other than…

Read More Marking Court File Did Not Qualify as a CPLR 2104 Stipulation