Court: NY App. Div. Dept. 1

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In Nelson v. Tamara Taxi, the Appellate Division, First Department reversed a summary judgment dismissing plaintiff’s complaint on the ground that he did not establish a “serious injury” under the Insurance Law. In this car accident case, plaintiff alleged that he sustained serious injuries when the front of his vehicle was struck by a taxi.…

Read More Evidence of Injuries to Spine, Shoulder, and Knee Sufficient to Defeat Summary Judgment as to “Serious Injury” in Car Accident Case
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In Gervais v. Laino, plaintiff sought to recover for injuries inflicted by defendant’s dog.  The court held that plaintiff’s complaint should have been dismissed. Plaintiff stated that while walking in Central Park, she saw the dog, whose hind paw was caught in a fence and who was wailing in pain.  The parties apparently disputed whether…

Read More The Case of the Ungrateful Dog
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In Hall v. United Founders, Ltd., a dog bite case, the Appellate Division, First Department reversed a summary judgment for defendant dismissing plaintiff’s complaint. Plaintiff sued after being attacked by a dog being dept by a construction site night watchman. Defendant United Founders, a general contractor, was constructing buildings on two adjacent properties.  It hired…

Read More Dog Bite Case Continues; Issue of Fact Existed as to Awareness of Offending Dog’s Vicious Propensities
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In Yuk Ping Cheng Chan v. Young T. Lee & Son Realty Corp., the Appellate Division, First Department affirmed a denial of summary judgment for defendant in a slip-and-fall case. Plaintiff alleged that she slipped and fell on a “large patch of grease” on the public sidewalk abutting premises owned by Yount T. Lee &…

Read More Slip-and-Fall Case Continues; Nexus Between Hazardous Condition and Circumstances of Fall Shown
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In Kruk v City of New York, the Appellate Division, First Department, on December 19, 2013 unanimously affirmed the lower court’s order granting summary judgment dismissing plaintiffs’ claim under Labor Law § 241(6). Plaintiff was injured while using a power saw, when “the plywood he was cutting broke, pushing his left hand into the saw’s blade.”…

Read More Labor Law 241(6) Claim Dismissed; Power Saw Had Necessary Protective Guards
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A case decided by the First Department today, Dillard v. New York City Housing Authority, illustrates the circumstances under which the element of proximate cause may be resolved as a matter of law.  The court reversed a summary judgment for defendant, finding an issue of fact as to plaintiff’s comparative negligence. Here: Plaintiff, a resident…

Read More Plaintiff Was Not Sole Proximate Cause of Slip and Fall on Snow/Ice-Covered Steps
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In Scafe v. Schindler Elevator Corp., the Appellate Division, First Department affirmed the denial of summary judgment for defendant. Plaintiff sued for injuries sustained when elevator doors slammed on her hand. Summary judgment has been described as the procedural equivalent of a trial. “On a motion for summary judgment, the movant bears the burden of adducing affirmative…

Read More Elevator Accident Personal Injury Case Survives Summary Judgment
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In Serdans v. New York Presbyterian Hospital, the Appellate Division, First Department permitted plaintiff’s claim that defendant failed to accommodate her disability to continue. Plaintiff, a registered nurse and nurse practitioner specializing in critical care, “suffers from a neurological disorder for which she was treated with deep brain stimulus (DBS) through electrodes permanently implanted in…

Read More Court Allows Failure to Accommodate Neurological Disability Claim to Continue
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In Munasca v Morrison Mgt. LLC, a trip-and-fall case, the Appellate Division, First Department reversed the trial court’s dismissal of plaintiff’s case on summary judgment. Plaintiff was injured after tripping and falling on a sidewalk defect in front of defendants’ premises. The court held that defendant failed to show, as a matter of law, that the…

Read More Sidewalk Tlip and Fall Case Continues; Pictures Didn’t Show That Defect Was “Trivial”
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