Premises Liability

In Hirsch v. Solares, 2018 NY Slip Op 07828 (App. Div. 1st Div. Nov. 15, 2018), a personal injury action arising from a bar fight, the court held that summary judgment was properly denied as to plaintiff’s negligence claim, but that plaintiff’s claim for strict liability under Alcoholic Beverage Control Law § 65(2) should have been dismissed. As…

Read More Bar Brawl Personal Injury Case Survives Summary Judgment, In Part

In Easley v. U Haul, 2018 NY Slip Op 08008 (App. Div. Nov. 21, 2018), a personal injury trip-and-fall action, the court held that defendant’s motion for summary judgment dismissing plaintiff’s complaint should have been granted. In sum, plaintiff alleged that he was “injured when he tripped and fell on a half-inch to one-inch metal protrusion sticking…

Read More Defect Was “Trivial”; Personal Injury Action Dismissed

In Sager v. Waldo Gardens, Inc., 2018 NY Slip Op 07359 (App. Div. 1st Dept. Nov. 1, 2018) – a personal injury slip-and-fall case – the court affirmed the lower court’s denial of summary judgment to the defendant. The outcome, like so many cases of this type, turned on the often difficult-to-prove issue of constructive notice. From…

Read More Slip/Fall Case Survives Summary Judgment; Court Cites Porter’s Failure to Mop the Area Despite Noticing it Was Wet

In Sanchez v. Morris Ave. Equities Corp., 2018 NY Slip Op 07071 (App. Div. 1st Dept. Oct. 23, 2018), a premises liability personal injury case, the court affirmed the denial of summary judgment to defendant. In this case, the plaintiff was assaulted in the gated alleyway leading to the boiler room and the superintendent’s apartment in…

Read More Defendant Denied Summary Judgment in Premises Liability Assault Case

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…

Read More Movie Seat Injury Case Properly Dismissed; Res Ipsa Loquitur Unavailable

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…

Read More Student’s Amputated-Finger Case Survives Summary Judgment

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,…

Read More Defect Was Not “Trivial” as a Matter of Law; Trip/Fall Case Continues

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…

Read More Personal Injury Case Dismissed; Stepladder Was Not Dangerous/Defective

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…

Read More Slip/Fall Dismissal Affirmed; Notice Undermined by Caretaker Affidavit