The First Department affirms summary judgment for a stone mechanic struck by a 350-pound falling panel, holding that all four defendants — including a post-merger associate, a lobby condominium, and a building manager who contracted for the work — qualify as owners or statutory agents under Labor Law § 240(1).
The First Department upholds Labor Law § 241(6) liability for rainwater and oil on a construction floor, while affirming dismissal of § 240(1) where the concrete form being lifted never fell or moved uncontrollably. Post-Bazdaric, defendants must show the hazardous substance was inherent to the specific task.
The Appellate Division, Second Department reverses a Court of Claims denial of a late-claim motion, holding that the claimants’ submission sufficiently demonstrated the claim’s apparent merits—a critical statutory factor under Court of Claims Act § 10(6)—even though the court found no reasonable excuse for the delay in identifying the State as the road’s owner.
The Appellate Division, Second Department reverses a trial court’s post-verdict dismissal and reinstates a jury’s finding that an FDNY ambulance struck a bicyclist at a Brooklyn intersection and fled the scene, holding that GPS evidence and eyewitness testimony provided a rational basis for the verdict.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Second Department affirmed dismissal of a trip-and-fall claim at a railroad station against the Town of Islip for lack of prior written notice and against the LIRR/MTA for lack of duty to maintain the area.
The Second Department vacated a $500,000 default judgment, finding the plaintiff failed to establish a serious injury under Insurance Law § 5102(d) at the damages inquest.
The Second Department affirmed summary judgment for the City of Long Beach in a trip-and-fall case, finding no prior written notice of a protruding bolt on a parking sign in a grassy median.
The Second Department affirmed denial of enhanced sanctions against plaintiffs who voluntarily discontinued a personal injury action, finding no showing of frivolous conduct under 22 NYCRR 130-1.1.
The Second Department affirmed denial of summary judgment in an e-bike collision case, finding the defendants’ own evidence presented conflicting accounts of the accident.
Appellate Division reverses, granting summary judgment on liability in chain rear-end collision where defendant failed to provide nonnegligent explanation for striking preceding vehicle.
Appellate Division affirms summary judgment on Labor Law section 241(6) claim where carpenter tripped on torn tarp covering construction corridor, violating Industrial Code section 23-1.7(e)(1).
Appellate Division addresses products liability and parental supervision claims after toddler was seriously injured by fondant sheeter in commercial bakery, examining allocation of fault between manufacturer and mother.
Appellate Division modifies order in elevator construction accident, granting dismissal of contractual indemnification claims against KONE while denying dismissal of negligence claims.
Appellate Division reverses, dismissing comparative negligence defense in parking lot exit collision, finding defendant’s contradictory deposition testimony incredible as a matter of law.