Personal Injury

In Serrano v. DTG Enter. Inc., 2019 NY Slip Op 03469 (App. Div. 1st Dept. May 2, 2019) – a rear-end collision car accident case – the First Department reversed the denial of plaintiff’s motion for summary judgment. From the decision: It is undisputed that Serrano made a prima facie showing that he was entitled…

Read More Plaintiff Gets Summary Judgment in Rear-End Collision Case; Lack of Turn Signal Was Irrelevant

In Forman v. Whitney Ctr. for Permanent Cosmetics Corp., 155762/2015, 2019 NY Slip Op 03451 (App. Div. 1st Dept. May 2, 2019), the court affirmed the dismissal of plaintiff’s lawsuit in which plaintiff alleged (inter alia) that defendant acted negligently in performing cosmetic tattooing on the plaintiff. From the decision: Defendants’ motion for summary judgment…

Read More Citing Express Approval, Court Affirms Dismissal of yebrow Tattoo Negligence Case Dismissed

In Oliver v. Central Park Sightseeing, LLC, 2019 NY Slip Op 02788 (App. Div. 1st Dept. April 11, 2019), the First Department unanimously affirmed the denial of defendant’s motion to dismiss plaintiff’s personal injury complaint. In this case ,plaintiff alleged that she was injured when she fell from a bicycle that she rented from the…

Read More Bicycle-Fall Lawsuit Continues; Malfunctioning Brakes Blamed

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 Castillo v. Slupecki, 2019 NY Slip Op 29033 (Sup. Ct. Bronx Cty. Feb. 8, 2019), the court held (upon reargument) that plaintiff – who seeks damages for injuries sustained as a result of a “pedestrian-knockdown” car accident – was free from comparative fault as a matter of law. The court had previously granted plaintiff summary judgment…

Read More Pedestrian Knockdown Plaintiff Was Free From Comparative Fault as a Matter of Law, Court Holds