Personal Injury

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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…

Read More Wet Stairway Slip/Fall Case Survives Summary Judgment
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In Elsayed v. Al Farha Corp., 2015 NY Slip Op 07813, 132 AD3d 942 (App. Div. 2nd Dept. Oct. 28, 2015), the Second Department affirmed the denial of defendant’s motion for summary judgment. Plaintiff alleged that he fell into opened sidewalk cellar doors of a building owned by defendant T&T Steinway, LLC, from which defendant tenant…

Read More Cellar Door Personal Injury Case Continues; Defendant Failed to Establish That it Was an Out-of-Possession Landlord
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The tragic story of Connor Cummings, who died while trying to take a photo atop NYC’s Four Seasons Hotel, is making the rounds. Assuming Mr. Cummings was trespassing, might he have a claim? It depends. A recent Second Circuit decision, Philip v. Deutsche Bank Nat. Trust Co., No. 14-4054-CV, 2015 WL 6642978 (2d Cir. Nov. 2, 2015) (Summary…

Read More Court Affirms Dismissal of Trespasser’s Personal Injury Case
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Forman v. Henkin, 2015 NY Slip Op 09350 (App. Div. 1st Dept. Dec. 17, 2015), decided by the First Department on December 17, 2015, represents yet another data point in an evolving body of case law assessing whether a party to litigation is entitled to the other side’s social media postings. This issue typically arises in…

Read More First Department Limits Facebook Discovery in Personal Injury Case
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Shawn Bickham just wanted a Coke. He got one from the fridge and started drinking. After he had finished about half the can, he “felt something get caught in his throat” which “felt like something poking and something just stuck, lodged [in his throat].” It turned out that the object was a non-metallic “dried, brittle…

Read More Case Arising From Ingestion of “Dried, Brittle Mass” From Coke Can Survives Summary Judgment Under “Res Ipsa Loquitur” Theory
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Teaching is hard work. In addition to the typical stresses of any job – rude co-workers, overbearing bosses, long hours – teachers are forced to deal with unique challenges, such as physical violence in the classroom. This has been in the news lately; the search results from a Google query for “student attack teacher” are disheartening, to…

Read More Absence of “Special Duty” Results in Dismissal of Injured Teacher’s Lawsuit
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In Ashton v. EQR Riverside A, LLC, 2015 NY Slip Op 07916 (Oct. 29, 2015), the court affirmed the dismissal of plaintiff’s trip-and-fall case. This case, like many premises liability cases, turned on the critical issue of “notice”. From the decision: It was undisputed that defendants did not have actual or constructive notice of the height differential…

Read More Trip/Fall Case Properly Dismissed; Expert’s Conclusion Was “Speculative”
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