P Defeats SJ (Personal Injury)

In Shatsky v. Highpoint Assoc. V, LLC, 2019 NY Slip Op 01825 (App. Div. 1st Dept. March 14, 2019) – a slip/trip-and-fall premises liability personal injury case – the court unanimously affirmed the lower court’s order denying defendant’s motion for summary judgment. From the decision: Triable issues of fact regarding whether defendant Bagels and More…

Read More Water Diversion Pipe Cited in Summary Judgment Denial in Slip/Trip and Fall Case

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 Alatsas v Sacchetti, 2018 NY Slip Op 08270 (App. Div. 2nd Dept. Dec. 5, 2018), a personal injury car accident case, the court affirmed the lower court’s decision denying summary judgment to defendant. The court explained: The City defendants failed to establish their prima facie entitlement to judgment as a matter of law. While…

Read More Car Accident Case Survives Summary Judgment; Plaintiff Not Shown to be the Sole Proximate Cause of Accident

In Wilkins v. West Harlem Group Assistance, Inc., 2018 NY Slip Op 08247 (App. Div. 1st Dept. Dec. 4, 2018) – a premises liability personal injury case – the court reversed the lower court’s decision granting summary judgment to defendant. In sum, plaintiff was injured when, after attempting to close a window on property leased by…

Read More “Res Ipsa Loquitur” Doctrine Applicable in Falling-Window Personal Injury Case; Summary Judgement to Defendant Reversed

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 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 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