In Clindinin v. New York City Housing Authority, NY Supreme Ct. # 109954/2010, the New York Supreme Court recently denied defendant New York City Housing Authority’s motion for summary judgment. In his complaint plaintiff alleged that while taking a shower the water changed erratically “from cold and cool to scalding hot” and that the building’s “defective and unsafe”…Read More Plaintiff Overcomes Summary Judgment in Shower Burn Case
In Woo v. United Nations Intl. School, 2013 NY Slip Op 51167(U) (N.Y. Sup. Ct. July 11, 2013), the court dismissed a personal injury action brought by a high school baseball player. Plaintiff Woo was injured when, as he was preparing to catch a ball thrown by plaintiff’s teammate DeRosa, the ball “glanced off the outer portion…Read More High School Baseball Player Assumed Risk of Injury; Complaint Dismissed
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
In Gautier v. 941 Intervale Realty LLC, 2013 NY Slip Op 05432, 108 AD3d 481 (July 23, 2013), a stairway slip-and-fall case, the court affirmed the denial of summary judgment to defendant. Defendant moved for summary judgment on the ground that it neither created nor had actual or constructive notice of the hazard. In support, it cited…Read More Summary Judgment Properly Denied to Defendant in Slip/Fall Case; No Evidence That Janitorial Schedule Was Followed on Day of Incident
In Kowalski v. St. Francis Hospital and Health Centers et al., 2013 NY Slip Op 04756, 21 NY3d 480 (N.Y. Ct. App. June 26, 2013), the Court of Appeals considered what, if any, duty a hospital owes to a drunk patient who decides, on his own, to leave. While the health benefits of being drunk…Read More Drunk Patient Loses Lawsuit Against Hospital
While the facts and details surrounding Friday’s tragic Empire State Building shooting have yet to be fully developed, the reports thus far indicate that several (as many as nine) bystanders were wounded by police bullets. This raises the question of what, if any, liability will be imposed on the City of New York and/or the…Read More Liability Where Bystanders Shot By Police?
In D’Agostino v. YRC Inc. et al, 565-2011, 2012 WL 11980337 (NY Sup Ct Orange Cty May 17, 2012) – another decision in this rapidly-evolving area of the law – an Orange County trial court ordered the production of a personal injury plaintiff’s Facebook postings pertaining to her pre-incident condition. There, the court granted defendants’ request…Read More Court Orders Production of Facebook Posts
As summer approaches, one’s thoughts naturally turn to summer-y things, like picnics, pools, barbecues, and, maybe, fireworks. But, as we all know, fireworks (and similar devices) can be dangerous, and their use may result in serious injuries. Worse, anyone suffering such injuries may be deprived of a legal remedy under a rule recently applied by…Read More Decision to “Light Up Some Boom Booms” Precludes Recovery in Negligence