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Premises Liability

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 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 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 […]

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 […]

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 […]

In Ricaurte v. Inwood Beer Garden & Bistro Inc., 2018 NY Slip Op 07242 (App. Div. 1st Dept. Oct. 30, 2018), the court held that the lower court should have granted defendant’s motion for summary judgment as to plaintiff’s claim under New York’s Dram Shop Act, but that it should have denied it as to plaintiff’s […]

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 […]

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 […]