Injury on Stairs – Pospis Law, PLLC

January 10, 2016 by mjpospis

Wet Stairway Slip/Fall Case Survives Summary Judgment

In Irizarry v. 1915 Realty LLC, 2016 NY Slip Op 00009 (App Div. 1st Dept. Jan. 5, 2016), the Appellate Division, First Department reversed the lower court’s order granting summary judgment to defendant on plaintiff’s personal injury/premises liability/slip-and-fall case. Teh court explained: Triable issues of fact regarding whether defendant caused or created the wet stair condition…

Court Precludes Theory Not Asserted in Notice of Claim

In personal injury litigation against the City of New York, the name of the game is the Notice of Claim. In Lewis v. New York City Hous. Auth., 2016 NY Slip Op 00040 (App. Div. 1st Dept. Jan. 7, 2016), the court affirmed the lower court’s order granting defendant’s motion to strike allegations from plaintiff’s…