Krifca v. Bronx-Lebanon Special Care Center, Inc.
Appellate Division affirms summary judgment on Labor Law sections 240(1) and 241(6) liability in crane accident, modifying to grant property owner conditional indemnification.
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New York
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Jun Lim Chang v. 37 Plaza LLC
Appellate Division affirms Labor Law sections 240(1) and 241(6) liability against general contractor, disregarding contradictory affidavit as feigned issue of fact.
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Graves v. Sava Serbian Orthodox Church
Appellate Division affirms Labor Law section 240(1) liability for worker’s fall through unprotected opening and grants property owner unconditional contractual and common-law indemnification against contractor.
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Gonzalez-Taveras v. City of New York
Appellate Division affirms summary judgment for City under storm-in-progress doctrine, finding eighteen hours after winter storm insufficient time to remedy icy sidewalk condition.
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Gale v. Abramowitz
Appellate Division reverses dismissal of legal malpractice claim, finding plaintiff adequately alleged damages in the form of fees paid to successor counsel to correct original attorney’s negligent failure to introduce evidence.
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G Builders IX, LLC v. Eden Ballroom, LLC
Appellate Division affirms denial of motion to vacate default, finding defendant’s failure to maintain contact with his attorney and reliance on codefendants was not a reasonable excuse.
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Eastern Effects, Inc. v. 3911 Lemmon Avenue Associates, LLC
Appellate Division affirms denial of leave to amend answer to add counterclaims barred by settlement agreement’s integration clause in lease dispute involving Gowanus Canal EPA remediation.
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Caraballo v. Century Star Fuel Corporation
Appellate Division affirms denial of summary judgment in rear-end collision case, finding photographic evidence and defendant’s testimony raised triable issues of fact on how collision occurred.
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Brady v. New York County District Attorney’s Office
Appellate Division affirms denial of pro se plaintiff’s motions to vacate protective order against vexatious litigation, finding the motions themselves violated the order.
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Board of Managers of 432 Park Condominium v. 56th and Park (NY) Owner, LLC
Appellate Division reverses denial of summary judgment, holding that condominium indemnification provisions do not unequivocally cover intraparty disputes between board and board member.