Premises Liability

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
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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
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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
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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
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In Palaj v. Marion Scott Real Estate, Inc., 2019 NY Slip Op 00958 (App. Div. 1st Dept. Feb. 7, 2019), the court held that plaintiff’s personal injury claim should have been dismissed, and reversed the lower court’s decision to the contrary. In a terse decision, the court explained: Plaintiff Sander Palaj, and his wife suing derivatively, commenced…

Read More Co-Op City Shooting Victim’s Personal Injury Lawsuit Dismissed
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