Ziobro v. Milan House Inc.
First Department partially reinstates Labor Law Section 241(6) claim in construction debris case, finding stairwell was both passageway and work area and debris not integral to work.
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Personal Injury
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Rosario v. C.C. Controlled Combustion Co., Inc.
First Department reverses denial of summary judgment, dismissing Labor Law Section 200 and negligence claims against heating company that lacked actual supervisory control over injured worker.
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Ochoa v. C.I. Lobster Corp.
First Department reverses striking of plaintiff’s pleading where court’s own error in marking action disposed contributed to scheduling lapse, reinstating the case for discovery.
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Lotrean v. 3M Co.
First Department reverses denial of summary judgment in toxic tort case, finding plaintiffs failed to establish general causation linking defendants’ solvent products to Myelodysplastic Syndrome.
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Katiraeifar v. New York-Presbyterian
First Department reverses denial of summary judgment in medical malpractice case, finding plaintiff’s experts failed to specifically rebut defense expert’s opinions on standard of care and causation.
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Gantt v. City of New York
First Department modifies order, denying summary judgment to all parties in multi-vehicle accident where both bus and truck committed Vehicle and Traffic Law violations, creating triable issues of comparative fault.
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Bermeo v. Master Plumbing & Heating, Inc.
The First Department affirmed Labor Law § 240(1) liability for injuries from an unsecured sprinkler pipe that toppled onto a construction worker, finding the gravitational force was not de minimis.
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Whitney v. Lawson
The Second Department affirmed denial of summary judgment for both a property owner and wire owner in a motorcycle accident caused by a low-hanging communications wire weighed down by a fallen tree branch.
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Tulloch v. Barka
The Second Department affirmed denial of a motion to vacate a default on a serious injury threshold motion, finding that a calendaring error was mere neglect insufficient to establish a reasonable excuse.
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Sidoruk v. Ben Oil Co., Inc.
The Second Department partially modified a summary judgment order in a petroleum discharge case, finding triable issues as to whether the homeowners’ failure to remove an oil fill pipe after converting to gas contributed to the spill.