Slip/Trip and Fall

In Shane v. Supervova New York Realty LLC (NY Sup. July 8, 2013), a stairway trip-and-fall case, the court denied defendant’s motion for summary judgment, finding triable issues of fact as to whether an outside stairway defect was “trivial”. Plaintiff, a guest at a NYC Sheraton Hotel, tripped on the stairs ascending to the landing leading…

Read More Court Finds Issues of Fact as to Whether 0.5-Inch Defect Was a “Trap” or Snare” and Hence Not “Trivial”
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In Gautier v. 941 Intervale Realty LLC, 2013 NY Slip Op 05432, 108 AD3d 481 (July 23, 2013), a stairway slip-and-fall case, the court affirmed the denial of summary judgment to defendant. Defendant moved for summary judgment on the ground that it neither created nor had actual or constructive notice of the hazard.  In support, it cited…

Read More Summary Judgment Properly Denied to Defendant in Slip/Fall Case; No Evidence That Janitorial Schedule Was Followed on Day of Incident
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Yesterday the Appellate Division, First Department found, in Grinberg v. C & L Contracting Corp, that awards of $75,000 and $35,000 for past and future pain and suffering, respectively, were “inadequate” to compensate the plaintiff for injuries sustained in a fall.  It therefore remanded for a new trial on damages unless defendant stipulated to an increase…

Read More Damages Increased From $110,000 to $950,000 in Slip/Fall Case
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In Sacco v. City of New York (App. Div. 1 Dept. Feb. 16, 2012), an Appellate Division, First Department panel held that the trial court erred in determining, as a matter of law, that the City was not provided with sufficient notice, per NYC Administrative Code § 7-201(c)(2), of the defective condition upon which plaintiff…

Read More Inspection Report Satisfied NYC’s “Pothole Law” Notice Requirement
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A recent decision by a New York trial court – Alicea v. JetBlue Airways Corp. – analyzes issues that commonly arise in a slip-and-fall case where the accident occurs in an area (here, JFK airport) where the rights, duties, and obligations of various parties intersect.  These issues include:  (1) the duties owed by an out-of-possession…

Read More Court allows JFK traveler’s slip/fall action to continue
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In Creagh v. Trata Estiatorio and Watermill 27 Partners, LLC (decided March 14, 2011), the court denied defendant’s motion for summary judgment on the issue of notice of the allegedly hazardous condition (here, water on the floor). Initially, the court summarized the law regarding premises liability, as well as the burdens of the parties on summary judgment…

Read More Court Denies Summary Judgment to Defendant Restaurant in Slip and Fall Case
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