Judge Wooten

In Torres v. Nine-O-Seven Holding Corp., the court granted defendants’ motion for summary judgment on plaintiff’s sidewalk trip-and-fall case. After examination of the photographs and the other evidence presented in the record, including plaintiff’s deposition testimony, and considering all the relevant factors, this Court finds that as a matter of law the alleged defect in the…

Read More Trip-and-Fall Case Dismissed; Sidewalk Defect Was “Trivial” as a Matter of Law
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In Moriarty v. Lenox Terrace Development Associates (NY Sup. Ct. 3/24/15), the plaintiff sought to recover for injuries she sustained after tripping and falling upon exiting a misleveled elevator in her building. She relied, in part, on the theory of “res ipsa loquitur”. The court explained that, in order to invoke that doctrine, a plaintiff…

Read More Elevator Misleveling Trip-and-Fall Case Proceeds to Trial on Res Ipsa Loquitur Theory
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In Burhans and Rivera v. The State of New York (Sup. NY Index 152906/14), New York Supreme Court Judge Wooten held that plaintiff sufficiently alleged sexual harassment/hostile work environment (but not sex discrimination) claims against the defendant State. Plaintiffs allege in their complaint that, under the New York State Human Rights Law, the State of New…

Read More Burhans/Rivera Sexual Harassment/Hostile Work Environment Claims Continue Against New York State
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It’s a fairly typical personal injury scenario: a customer, while on defendant’s premises, slips and falls on (for example) a slippery substance, sustains injury, and sues to recover damages. What may seem like a straightforward situation is anything but. This is illustrated by the recent case of Dequinzio v. Gristedes Food, Inc., decided by New…

Read More Court Dismisses Supermarket Slip-and-Fall Case, Where Defendants Did Not Have a Reasonable Opportunity to Clean Up Injury-Causing Spill
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