Personal Injury

In Kuti v. Sera Sec. Servs., 2020 NY Slip Op 02153 (App. Div. 1st Dept. April 2, 2020), the Appellate Division, First Department affirmed the denial of defendant security company’s motion for summary judgment. Plaintiff here is a nurse who was injured when she was attacked by a patient at the healthcare facility where she…

Read More Attacked Nurse’s Negligence Suit Against Security Company Continues

In a recent decision, Greenman v. 2451 Broadway Market, et al, No. 11287, 11287A, 154861/14, 2020 N.Y. Slip Op. 01962, 2020 WL 1290735 (N.Y.A.D. 1 Dept., Mar. 19, 2020) – a personal injury trip-and-fall case – the court unanimously reversed and vacated a jury verdict in plaintiff’s favor (allocating 75% of the fault to plaintiff…

Read More Evidentiary Errors Result in New Trial on Damages in Trip-and-Fall Personal Injury Case

In Monzac v. 1141 Elder Towers LLC, 2020 NY Slip Op 01243 (App. Div. 1st Dept. Feb. 20, 2020) – a personal injury slip-and-fall case – the court reversed the lower court’s directed verdict for defendant. From the decision: Plaintiff’s trial evidence established prima facie that defendant had constructive notice of the water on the…

Read More Evidence of Water on Lobby Floor Meets Summary Judgment Burden in Personal Injury Slip/Fall Case

In Quiros v. Hawkins, 2020 NY Slip Op 01020 (App. Div. 1st Dept. Feb. 13, 2020) – a personal injury / car accident / hit-in-the-rear case – the Appellate Division, First Department unanimously reversed the lower court’s denial of plaintiff’s motion for partial summary judgment on the issue of liability. From the decision: It is…

Read More Brake Failure Claim Insufficient to Avoid Judgment for Plaintiff in Rear-End Collision Car Accident Case

It’s New Year’s Eve – a time for reflection, and, of course, revelry. New Year’s Eve parties are a great opportunity to connect with friends, and to bring in the new year with a bang. Sometimes they’re completely enjoyable – and sometimes a shelf collapses on your head. In C.I.R. v. Mangaroni, LLC, No. 156031/2015,…

Read More Plaintiff Denied Summary Judgment in New Year’s Eve Party Accident

Happy holidays to all! One of my favorite Christmas/seasonal movies is National Lampoon’s Christmas Vacation. In my view it’s full of memorable moments and quotable lines. See, e.g., “our motor home’s septic tank is at capacity!” As with most movies, there are also a host of legal issues lurking – which, to a law student…

Read More Clark Griswold’s Bonus

In Lawyer v. City of New York, 2019 NY Slip Op 07698 (App. Div. 1st Dept. Oct. 24, 2019), the court unanimously affirmed the dismissal of plaintiff’s premises liability (negligent security) case. The court stated the rule that “[a] landlord has a common-law duty to take minimal security precautions to protect tenants and members of…

Read More Negligent Security Case Dismissed; Court Cites Building Security Measures and Lack of Prior Incidents