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Premises Liability

In Newisky v. United Artists Kaufman Astoria 14 Regal Cinemas, 2018 NY Slip Op 06880 (App. Div. 2d Dept. Oct. 17, 2018), the court held that defendant should have been granted summary judgment dismissing the complaint. The court described the accident as follows; The plaintiff and his wife arrived at the theater and began to look […]

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 […]

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, […]

From Fuentes v. Theodore, 2018 WL 3748315, at *1 (N.Y.A.D. 2 Dept., 2018): The defendant established her prima facie entitlement to judgment as a matter of law by submitting evidence that no dangerous or defective condition existed with respect to the stepladder (see Bernal v. 521 Park Ave. Condo, 128 A.D.3d 750, 9 N.Y.S.3d 358; Balashanskaya […]

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 […]

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 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 […]

In Pronk v. Standard Hotel, 2018 NY Slip Op 00903 (App. Div. 1st Dept. Feb. 8, 2018), the court affirmed the denial of defendants’ motion for summary judgment. In this personal injury / premises liability case, plaintiff sued after he cut his left foot on a glass candleholder while entering a spa pool in Le […]

In Bissett v 30 Merrick Plaza, LLC, 2017 NY Slip Op 08805 (App. Div. 2d Dept. Dec. 20, 2017), the court affirmed the denial of defendant’s motion for summary judgment. In this case, plaintiff alleged that she “was injured when she slipped and fell on a pile of wet leaves on one of the steps of […]