Premises Liability

Below is a copy of the complaint filed last week by the husband and child of Marion Hedges, who was injured on October 30, 2011 when struck by a shopping cart dropped from an elevated walkway of a Harlem shopping center (news regarding the recent sentencing of one of the teens involved in the incident here).…

Read More Shopping Cart Drop Lawsuit

In Sacco v. City of New York (App. Div. 1 Dept. Feb. 16, 2012), an Appellate Division, First Department panel held that the trial court erred in determining, as a matter of law, that the City was not provided with sufficient notice, per NYC Administrative Code § 7-201(c)(2), of the defective condition upon which plaintiff…

Read More Inspection Report Satisfied NYC’s “Pothole Law” Notice Requirement

A recent decision by a New York trial court – Alicea v. JetBlue Airways Corp. – analyzes issues that commonly arise in a slip-and-fall case where the accident occurs in an area (here, JFK airport) where the rights, duties, and obligations of various parties intersect.  These issues include:  (1) the duties owed by an out-of-possession…

Read More Court allows JFK traveler’s slip/fall action to continue

In Creagh v. Trata Estiatorio and Watermill 27 Partners, LLC (decided March 14, 2011), the court denied defendant’s motion for summary judgment on the issue of notice of the allegedly hazardous condition (here, water on the floor). Initially, the court summarized the law regarding premises liability, as well as the burdens of the parties on summary judgment…

Read More Court Denies Summary Judgment to Defendant Restaurant in Slip and Fall Case