In Lee v. Acevedo, 2017 NY Slip Op 05586 (App. Div. 2d Dept. July 12, 2017) – a personal injury premises liability case – the Appellate Division reversed the lower court’s award of summary judgment to defendant. Here are the facts, as summarized by the court: [Plaintiff alleged that she was injured] after she fell backwards…
Read More Fall-Down-Stairs Personal Injury Case Survives Summary JudgmentIn Olenick v. City of N.Y., No. 23466/11, 2017 WL 1743179 (N.Y. Sup. Ct. Kings Cty. May 4, 2017) – a personal injury case by a bicyclist injured when a pedestrian stepped into his path on the Brooklyn Bridge – the court denied the City’s motion for summary judgment and to dismiss plaintiff’s complaint. By its…
Read More Brooklyn Bridge Cyclist Injury Lawsuit Proceeds Against City; Jury to Determine Whether City’s Failure to Conduct Safety Study Contributed to Plaintiff’s AccidentIn Emmanuel B. v. City of New York, 2015 NY Slip Op 06750 (App. Div. 1st Dept. Sept. 8, 2015), the First Department affirmed the dismissal of plaintiff’s complaint seeking damages for personal injuries sustained in an alleged school bullying incident. Here are the facts of this personal injury case, as summarized by the court: The…
Read More School Bullying Personal Injury Case DismissedOne of the most serious types of car accidents is the so-called “pedestrian knockdown” case, in which a motor vehicle hits a pedestrian. Unsurprisingly and for obvious reasons, in the “car v. pedestrian” scenario, the pedestrian is at significantly greater risk. In Zhu v. Natale (App. Div. 2nd Dept. 8/19/15), plaintiff was walking in a crosswalk…
Read More Pedestrian Wins on Liability in Auto Accident Knockdown CaseHere’s another reason not to eat potato chips – or at least not to litter. Plaintiff Yvette Hawthorne-King alleged that she slipped and fell on exterior steps of a NYC Housing Authority Building “when she used her foot to swipe aside a potato chip bag on one step, and then slipped on an oily substance…
Read More Potato Chip Bag-Kick Slip/Fall Case Survives Summary JudgmentA recent Second Department case, Martino v. Patmar Properties, Inc., illustrates the operation of the summary judgment procedure in a premises liability case. There, the plaintiff’s father was injured when he fell in an apartment he rented from the defendant. The court explained the general law: A property owner has a duty to maintain the property…
Read More Tenant v. Landlord Injury Case ContinuesFire escape ladders are a ubiquitous feature of New York City’s residential neighborhoods. They can also, as demonstrated by numerous court decisions, be a source of injury. One such decision is Taveras v Quisqueya II Housing Company, decided by Supreme Court, Queens County on May 8, 2014. The facts: On October 19, 2008, at 3:20…
Read More Locked-Out Tenant Injured on Fire Escape Ladder Loses CaseIn Carriero v. Nazario, the Appellate Division, Second Department affirmed the dismissal of a lawsuit arising from injuries sustained by plaintiff when he dove into a shallow pool. Defendants “established their prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff’s act of diving into the shallow pool was the…
Read More Pool Injury Case DismissedIn Espiritu v. Shuttle Express Coach, Inc., a bus-bicycle accident case, the Appellate Division, Second Department reversed summary judgment for the defendant bus company. Here are the facts: [P]laintiff was riding his bicycle south on Adams Street in Brooklyn when he was struck on the left side by a private shuttle bus owned by the defendant…
Read More Wrong-Way Injured Bicyclist May Continue Case Against Bus CompanyThe Appellate Division, First Department, today affirmed (in Renteria v. Simakov, 2013 NY Slip Op 06071) a grant of summary judgment in favor of plaintiffs, and the denial of summary judgment to defendants, in a case involving a rear-end collision. Defendant taxi driver Daza hit plaintiff in the rear after plaintiff stopped in the left lane…
Read More Court Affirms Summary Judgment for Plaintiff in Rear-End Collision Case