Court: NY App. Div. Dept. 2

In Pelletier v. Lahm, decided November 20, 2013, the Appellate Division, Second Department upheld the trial court’s decision to instruct the jury as to the “emergency doctrine” and the resulting jury verdict for defendant Brittany Lahm in connection with a fatal car crash. Specifically, it affirmed the trial court’s denial of plaintiff’s motion, pursuant to CPLR…

Read More Emergency Doctrine Properly Applied to Exonerate Driver Brittany Lahm in “Bikini Top” Fatal Car Accident Case
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In Diaz v. 5-01-5-17 48th Avenue, LLC, the Second Department recently reversed a denial of summary judgment for plaintiff, and found that plaintiff established his entitlement to summary judgment, on his claim under New York Labor Law § 240(1). Initially, the court held that “no triable issue of fact existed as to the defendants’ ownership or…

Read More Fall From Collapsing, Unsecured Ladder Results in Summary Judgment for Plaintiff Worker in Labor Law § 240(1) Case
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In Freeman v. City of New York (decided November 20, 2013), the Appellate Division, Second Department held that plaintiff failed to state a claim for relief. Plaintiff alleged that her mother Yvonne Freeman died after the December 27, 2010 blizzard because defendants “were negligent in failing to provide emergency services, and in failing to prepare for,…

Read More Trial Court Should Have Dismissed Blizzard Death Lawsuit Due to Absence of “Special Relationship”
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In Denermark v 2857 W. 8th St. Assoc., a trip and fall case, the Appellate Division, Second Department reversed a grant of summary judgment to defendants. Plaintiff was injured when she “overstepped” a single step and caused her to trip and fall onto the adjacent sidewalk while exiting a building owned by defendant 2857 West 8th…

Read More Right of Entry to Make Repairs Subjected Out-of-Possession Landlord to Liability in Trip and Fall Case
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In DiDonna v. Houck, a pedestrian-knockdown car accident case decided November 13, 2013, the Appellate Division, Second Department agreed with the trial court that the jury’s finding as to liability was not supported by a fair interpretation of the evidence. In particular, it found that it attributed too much liability to plaintiff, and too little…

Read More Jury Attributed Too Much Fault to Struck Pedestrian in Car Accident Case, Court Holds
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In Palacios v. 29th St. Apts., LLC, the Appellate Division, Second Department dismissed plaintiff worker’s claims under Labor Law §§ 200, 240(1), and 241(6). The court described the accident as follows: The plaintiff, who was assigned to work on the roof of an apartment building …, was injured when, instead of using the interior staircase of…

Read More Court Dismisses Claims Under Labor Law §§ 200, 240(1), and 241(6) Where Worker Injured After Using Fire Escape as “Shortcut”
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In Kulaya v. Dunbar Armored, Inc., the Appellate Division, Second Department affirmed summary judgment for defendant on plaintiff’s disability discrimination claim under the New York State Human Rights Law. It recited the legal standard: To state a prima facie case of employment discrimination due to a disability under [the New York State Human Rights Law, codified…

Read More No Disability Discrimination Where Plaintiff Failed to Show That Position Remained Available
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Does “cleaning” include removing leaves from a gutter?  According to a recent decision, it does not – at least not within the meaning of New York Labor Law § 240(1).  In that case (Hull v. Fieldpoint Community Ass’n, decided Oct. 23, 2013), the Appellate Division, Second Department, affirmed the dismissal of plaintiff’s complaint seeking recovery under Labor Law…

Read More No Labor Law § 240(1) Relief For Plaintiff Injured While Cleaning Out Leaves From Roof Gutters
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In the recent decision of Newsome v. County of Suffolk, the Appellate Division, Second Department, considered the “professional judgment rule” in the context of a negligence claim arising from a police dog bite. Plaintiff, a custodian, was bitten by a “dog employed by the canine unit of the Suffolk County Police Department” while at a…

Read More Police Dog Bite Case Continues
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I fondly remember, in Miss Schmidt’s fourth grade class, the pride I felt when I “passed” the cursive writing “test” and was rewarded with a ball point pen. Good times. In today’s electronic age, cursive writing is less relevant than it has been in the past. One article even suggests, by reference to the Zimmerman…

Read More Claims Adjuster’s Email Sufficient to Enforce Settlement Agreement
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