Home » Blog » Archives for App. Div. 2nd Dept.

App. Div. 2nd Dept.

In Lee v. Acevedo, 2017 NY Slip Op 05586 (App. Div. 2d Dept. July 12, 2017) – a personal injury premises liability case – the Appellate Division reversed the lower court’s award of summary judgment to defendant. Here are the facts, as summarized by the court: [Plaintiff alleged that she was injured] after she fell backwards […]

In Chojnacki v. Old Westbury Gardens, Inc., 2017 NY Slip Op 05706, 2017 WL 3045841 (App. Div. 2d Dept. July 19, 2017), the court reversed a lower court’s finding that the alleged defect that caused plaintiff to fall – a raised brick – was “trivial” as a matter of law. From the decision:: The Supreme Court […]

In Lebron v. 142 S 9, LLC, 151 A.D.3d 835, 54 N.Y.S.3d 679, 680 (N.Y. App. Div. 2d Dept. June 14, 2017), the Second Department affirmed the lower court’s denial of defendant’s motion for summary judgment on plaintiff’s personal injury slip-and-fall case. Here, plaintiff alleged that she was injured when she slipped and fell on […]

In Sehgal v. www.nyairportsbus.com, Inc., 2017 NY Slip Op 05990 (App. Div. 2d Dept. Aug. 2, 2017) – a hit-in-the-rear car accident personal injury case – the court held that the trial court properly precluded the defendants from asking the injured plaintiff questions about his employment by the law firm representing him in the action and his […]

In Bull v. Metro. Jewish Health Sys., Inc., No. 18128/12, 2017 WL 3045858 (N.Y. App. Div. 2d Dept. July 19, 2017), the Appellate Division held that the lower court should have dismissed plaintiff’s claims of age and disability discrimination. Plaintiff alleged, inter alia, “that the defendant discriminated against her on the basis of her age […]

In Andersen v. El Triunfo Laundromat Corp., 54 N.Y.S.3d 166, 167–68 (N.Y. App. Div. 2d Dept. 2017), the court affirmed the denial of summary judgment to defendant in plaintiff’s slip-and-fall case. Plaintiff alleged that they slipped and fell due to the presence of a foreign substance on the floor of defendant’s premises. Summarizing the (familiar, now […]

In Brunache v. MV Transp., Inc., 2017 NY Slip Op 05196 (App. Div. 2d Dept. June 28, 2017), the court held (inter alia) that plaintiff – a paratransit van driver who sued after not being reinstated following his dismissal following an investigation into a sexual harassment complaint against him by a passenger – did not state […]

In Matter of Lozada v. Elmont Hook & Ladder Co. No. 1, 2017 NY Slip Op 04845 (N.Y. App. Div. 2d Dept. June 14, 2017), the court confirmed a determination by the New York State Division of Human Rights (NYSDHR) dismissing plaintiff’s sexual harassment claim as time-barred. The court summarized the law pertaining to administratively-filed hostile […]

In Rodriguez v. Dickard Widder Indus., No. 19323/13, 2017 WL 2259841 (N.Y. App. Div. 2d Dept. May 24, 2017) – arising from plaintiff’s allegations of sexual harassment and retaliation – the court held that “the plaintiff’s State law causes of action under the NYSHRL and the NYCHRL are barred by her election of an administrative remedy” since […]

In Sawh v. Bally Contracting Corp., No. 16789/10, 2017 WL 902330 (N.Y. App. Div. 2d Dept. Mar. 8, 2017), the court granted plaintiff’s motion under CPLR 4404(a) to set aside a $100,000 jury verdict on the issue of damages for past pain and suffering, which in the court’s view were too low. From the Decision […]