Home » Blog » Archives for Personal Injury

Personal Injury

From Franco v. City of New York, 2019 NY Slip Op 00377 (App. Div. 1st Dept. Jan. 22, 2019): Plaintiff established entitlement to judgment as a matter of law in this action where he was injured when defendants’ tow truck was left unattended by its driver, defendant Millar, and rolled backwards into plaintiff’s car, which was […]

From Wanting Mei v Bilal Munir, N.Y. Sup. Ct. N.Y. Cty. Index No. 153578/2018 (Jan. 15, 2019): Plaintiffs motion, which contends that she was crossing in the pedestrian crosswalk, with the crossing light, when defendant’s vehicle struck her, has made out a prima facie case of negligence. Plaintiffs motion further establishes that she was not […]

In Covelli v. Silver Fist, Ltd., 2018 NY Slip Op 08914 (App. Div. 2d Dept. Dec. 26, 2018), the court affirmed the dismissal of plaintiff’s personal injury case. In sum, plaintiff’s decedent – the plaintiff here is the estate of the deceased – died from injuries sustained as a result of an altercation with another bar […]

In Tzamarot v. JP Morgan Chase & Co., 2018 NY Slip Op 09023 (App. Div. 1st Dept. Dec. 27, 2018), the court unanimously affirmed the dismissal of plaintiff’s slip-and-fall complaint. The court (tersely) stated: Dismissal of the complaint was proper since plaintiff’s attempt to walk on top of a curbside mound of snow as a shortcut […]

One type of personal injury (negligence) claim is the so-called “negligent security” claim – which is itself a type of “premises liability” claim. In this type of case, the plaintiff asserts that the property owner or landlord failed to take necessary precautions to prevent harm arising from the alleged failure to provide adequate security. (One […]

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 […]

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 […]

In DeLorenzo v. Viceroy Hotel Group LLC, 17-3470 (2d Cir. Nov. 21, 2018) (Summary Order), the court held that plaintiff’s personal injury complaint – based on an alleged sexual assault by an employee of a a hotel in Anguilla – was properly dismissed because the court did not have personal jurisdiction over the defendant. The […]

In Stagnitta v. Ambrosino, 2018 NY Slip Op 08053 (App. Div. 2nd Dept. Nov. 21, 2018), the court held that “[t]he alleged sexualization of a physician-patient relationship generally sounds in medical malpractice … since the injuries incurred are not separate and distinct from the damages incurred for medical malpractice[.]” Here are the facts of this case, […]

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 […]