Premises Liability

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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The law requires municipalities, such as New York City, to maintain their streets and highways in a reasonably safe condition for people who use them. However, anyone seeking to recover for personal injuries arising from a defective condition on a New York City “street, highway, bridge, wharf, culvert, sidewalk or crosswalk” must – in addition…

Read More New York City’s “Prior Written Notice” Requirement
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One type of “premises liability” case is involves an allegation that the property owner has failed to provide adequate security, which leads to an on-premises assault. In one such case, Terrero v New York City Housing Authority, the Appellate Division, First Department affirmed the denial of summary judgment to the defendant. Plaintiff sued on behalf of her…

Read More Negligent Security Lawsuit Arising From Roof Sexual Assault Survives Summary Judgment
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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
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