Plaintiff Defeats Summary Judgment (Personal Injury)

In Pearce v. Home Depot U.S.A., Inc., No. 14 CIV. 6836, 2016 WL 4540832 (S.D.N.Y. Aug. 30, 2016), the court denied defendant’s summary judgment motion on plaintiff’s personal injury / slip-and-fall claim. In sum, plaintiff claimed that they were injured when they slipped on a wet substance while in defendant’s store. As explained by the court,…

Read More Slip/Fall Case Continues; Destruction of Video Leads to Inference of Constructive Notice
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In Chimbo v. Bolivar, 2016 NY Slip Op 05969 (App. Div. 2nd Dept. Sept. 14, 2016) – an auto accident case arising from a collision between plaintiff’s vehicle and defendant’s garbage truck – the court reversed an order granting summary judgment to defendant. This decision reminds us of summary judgment is not permissible where there are…

Read More Conflicting Versions of Car Accident Result in Reversal of Summary Judgment for Defendant
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In Brothers. v. 574 9th Ave. Rest. Corp., No. 1458, 2016 WL 3341787 (N.Y. App. Div. 1st Dept. June 16, 2016), a slip-and-fall case, the court affirmed the denial of defendants’ motion for summary judgment. From the decision: The testimony of defendant bar proprietor that he personally inspected the bathrooms and areas outside the bathrooms, just…

Read More Slip/Trip and Fall on Water/Debris Case Survives Summary Judgment
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In Mero v. Vuksanovic, 2016 NY Slip Op 05025 (App. Div. 1st Dept. June 23, 2016), the court modified a lower court order to reinstate plaintiff’s allegations concerning defendants’ failure to install smoke detectors. This case concerns the application of NYC Administrative Code § 27-2045, which pertains to the duties of the owner and occupant with respect to…

Read More Wrongful Death Action, Based on Failure to Install Smoke Detectors, Continues
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In Sada v August Wilson Theater, 2016 NY Slip Op 05024 (App. Div. 1st Dept. June 23, 2016) – a personal injury/premises liability/slip-and-fall case – the court unanimously affirmed the denial of defendant’s motion for summary judgment. From the Order: Plaintiff alleges that as he was returning to a show at defendant August Wilson Theater after having…

Read More Slip/Fall on Wet Staircase; Plaintiff Survives Summary Judgment
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The First Department’s recent decision in Rios v 1146 Ogden LLC, 2016 NY Slip Op 01420 (App. Div. 1st Dept. Feb. 25, 2016) illustrates one way in which a plaintiff injured on someone’s property can overcome summary judgment. There, the plaintiff alleged that she was injured “when she was caused to fall in the bathroom of her…

Read More Complaints to Live-In Super Sufficient Evidence of Notice to Overcome Summary Judgment in Apartment Tile Injury Case
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In McRae v. Venuto, No. 2014-10748, 2016 WL 515794 (N.Y. App. Div. 2nd Dept. Feb. 10, 2016), the court held that plaintiff raised a triable issue of fact on her slip-and-fall case: Here, the defendant established, prima facie, his entitlement to judgment as a matter of law by submitting the deposition testimony of the plaintiff, which…

Read More Eyewitness Affidavits Save Slip-and-Fall Case From Summary Judgment Dismissal
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In Brown v. Addison Hall Owners Corp., No. 16744, 2016 WL 237527 (N.Y. App. Div. Jan. 21, 2016), the Appellate Division, First Department affirmed the denial of summary judgment to defendants on plaintiff’s personal injury premises liability (slip/fall) claim. From the decision: In this action alleging a slip and fall on a wet floor inside…

Read More Decision: Slip/Fall Case Survives Summary Judgment; No Evidence that Defendants Mopped on Day of Accident
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