Personal Injury

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…

Read More Plaintiff Granted Summary Judgment in Pedestrian-Knockdown Case

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…

Read More Attempted Shortcut Leads to Injury, Dismissal of Slip-and-Fall Complaint

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…

Read More “Negligent Security” Premises Liability Claims in New York

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 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…

Read More Sexual Assault Claim Properly Dismissed; Personal Jurisdiction Lacking

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,…

Read More Claim Based on Improper Sexual Conduct by Psychiatrist Subject to Medical Malpractice Statute of Limitations

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