Premises Liability

In Faughey v. New 56-79 IG Assoc., L.P., 2017 NY Slip Op 02608 (App. Div. 1st Dept. April 4, 2017), the court affirmed the dismissal of negligence claim against the owner and tenant arising from the murder of Kathryn P. Faughey by David Tarloff. From the decision: The motion court correctly dismissed the complaint. Even…

Read More Owner, Tenant Not Liable in Negligence Case Arising From Tarloff Murder
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In Ledesma v. AMA Grocery, Corp., 42 N.Y.S.3d 157, 158 (N.Y. App. Div. 1st Dept. Dec. 6, 2016), a personal injury trip-and-fall case, the court affirmed the denial of summary judgment to the landlord/defendant. In this case, plaintiff alleged that they sustained injuries when they fell on a raised metal strip at the edge of…

Read More Landlord Not Entitled to Summary Judgment in Trip-and-Fall Case
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In Bogaty v. Bluestone Realty NY, Inc., 2016 NY Slip Op 08343 (App. Div. 2d Dept. Dec. 14, 2016), the court affirmed the dismissal of plaintiff’s trip-and-fall personal injury lawsuit. Here, “plaintiff allegedly tripped and fell over a wheel stop in a parking space at a small supermarket located in Great Neck.” The court summarized…

Read More Trip/Fall Case Properly Dismissed; Wheel Stop Was Open and Obvious and Not Inherently Dangeous
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Santa Claus has a difficult job. In addition to needing to violate the laws of physics, there’s always the risk of injury. This could happen in many ways, including Falling off an icy/unsalted roof, Getting stuck in a too-narrow chimney, Being burned by a lit fireplace upon descending down a chimney, Tripping and falling over scattered…

Read More Ho, Ho, Ho…Ouch! Can an Injured Santa Claus (Successfully) Sue?
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In Serin v. Soulcycle Holdings, LLC, 2016 NY Slip Op 08179 (App. Div. 1st Dept. Dec. 6, 2016), the Appellate Division unanimously reversed a lower court’s order granting defendant’s motion for summary judgment. The court held: Although defendant made a prima facie showing that the spin cycle on which plaintiff was injured was not defective and…

Read More Spin Cycle Personal Injury Case Continues; Claim Not Barred By Release
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In Pearce v. Home Depot U.S.A., Inc., No. 14 CIV. 6836, 2016 WL 4540832 (S.D.N.Y. Aug. 30, 2016), the court denied defendant’s summary judgment motion on plaintiff’s personal injury / slip-and-fall claim. In sum, plaintiff claimed that they were injured when they slipped on a wet substance while in defendant’s store. As explained by the court,…

Read More Slip/Fall Case Continues; Destruction of Video Leads to Inference of Constructive Notice
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A recent First Department decision, Rosario v. Prana Nine Props., LLC, 2016 NY Slip Op 06431 (Oct. 4, 2016), upheld the lower court’s dismissal of plaintiff’s personal injury slip-and-fall case. The court summarized the law as follows: A defendant who moves for summary judgment in a slip and fall case has the initial burden of…

Read More Slip/Fall Case Dismissed; No Duty to Correct Pedestrian-Tracked Water; No Notice of Urine
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In Balleram v. 11P, LLC, 2016 NY Slip Op 06458 (App. Div. 1st Dept. Oct. 4, 2016), the court affirmed a lower court’s order granting summary judgment dismissing plaintiff’s complaint. Briefly, plaintiff sued to recover damages for personal injuries she allegedly sustained as a result of her slipping and falling while standing in her bathtub taking a…

Read More Court: No Statutory Duty to Install a “Handrail or Grab-Bar” in Apartment Bathroom
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In Pinkham v. West Elm, 2016 NY Slip Op 05899 (App. Div. 1st Dept. Aug. 25, 2016), a trip-and-fall personal injury case, the Appellate Division, First Department reversed a decision denying defendants’ motion for summary judgment. That is, plaintiff loses. From the decision: Defendants established entitlement to judgment as a matter of law in this action…

Read More Personal Injury (Premises Liability) Case Dismissed Against West Elm
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