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 DismissedIn Njewadda v. Showtime Networks, Inc. 2019 NY Slip Op 29031 (NY Sup. Ct. NY Cty. Jan. 29, 2019), the court dismissed plaintiff’s personal injury claim against Showtime, the MTA, and the New York City Transit Authority (NYCTA). In sum, plaintiff in this case alleges that while in NYC’s Grand Central subway station, after descending…
Read More Dexter “Optical Distraction” Lawsuit DismissedIn Alvarado v. City of New York, 2019 NY Slip Op 00962 (App. Div. 1st Dept. Feb. 7, 2019), a personal injury case, the court unanimously affirmed the dismissal of plaintiff’s complaint. From the decision: Defendant made a prima facie showing of its entitlement to judgment as a matter of law, by submitting evidence that plaintiff…
Read More Basketball Injury Case Properly DismissedIn Hobbs v. New York City Hous. Auth., 2019 NY Slip Op 00686 (App. Div. 1st Dept. Jan. 31, 2019) – a personal injury slip-and-fall case – the court unanimously affirmed the lower court’s denial of defendant’s motion for summary judgment. In this case, plaintiff alleges that they slipped on urine in an elevator in one of…
Read More Elevator Urine Slip/Fall Case Overcomes Summary JudgmentIn 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…
Read More Bar Fight Personal Injury Case Dismissal AffirmedIn 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 ComplaintOne 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 YorkIn 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 ReversedIn 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 PartIn 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