Suazo v. 501 Madison-Sutton LLC
Appellate Division modifies construction accident indemnification ruling, granting only conditional contractual indemnification and denying common-law indemnification summary judgment.
Uncategorized
Personal Injury
Uncategorized
Robinson v. DeSouza
Appellate Division modifies summary judgment to find innocent passenger free from comparative negligence but vacates liability finding against City where drivers gave conflicting accounts.
Uncategorized
Pettinato v. EQR-RiverTower, LLC
Appellate Division affirms denial of summary judgment, finding plaintiff’s fainting episode in shower was not a superseding cause that broke causal chain from defective shower door track.
Uncategorized
Outlaw v. NYC Health + Hospitals
Appellate Division affirms dismissal of negligence claim against NYC Health + Hospitals for failure to serve timely notice of claim on proper party and failure to plead special duty.
Uncategorized
O’Sullivan v. American Golf Corporation
Appellate Division affirms denial of summary judgment in premises liability case involving cobblestone gap, finding property owner failed to establish open-and-obvious defense and expert inspection was untimely.
Uncategorized
Lapinski v. MIP One Wall Street Acquisition LLC
Appellate Division reverses, granting summary judgment to garbage truck driver on Labor Law section 240(1) claim after being struck by falling pallet at construction site.
Uncategorized
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.
Uncategorized
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.
Uncategorized
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.
Uncategorized
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.
Uncategorized
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.
Uncategorized
Soto v. Mastropieri
Second Department reverses summary judgment for driver and grants plaintiff pedestrian’s motion, striking untimely deposition errata sheet and finding defendant’s own testimony established negligence.
Uncategorized
Smith v. Maines Paper & Food Service, Inc.
Second Department affirms denial of summary judgment in rear-end collision case, holding court properly allowed defendants to cure unsworn expert submissions under CPLR 2001.
Uncategorized
Singh v. BSC, LLC
Second Department orders in camera inspection of prior motor vehicle accident records in premises liability case, balancing discovery needs against physician-patient privilege where relevance is uncertain.
Uncategorized
Merola v. Narrows Medical Building Associates, LLC
Second Department affirms denial of motion to dismiss sidewalk fall claim, holding defendant failed to conclusively prove defect was exclusively in the curb and court erred by converting CPLR 3211 motion without notice.
Uncategorized
Landberg v. City of New York
Second Department affirms summary judgment for both City and abutting property owner in tree well trip-and-fall, holding Section 7-210 does not extend to city-owned tree wells and City lacked prior written notice.
Uncategorized
Khan v. Santana
Second Department affirms vacatur of order that had reinstated dismissed complaint, applying CPLR 5015 to a multi-layered default scenario in motor vehicle personal injury case.
Uncategorized
Fahey v. Worship House & Outreach Ministries, Inc.
Second Department partially reverses dismissal of Labor Law Section 241(6) claim in emergency demolition power saw injury, finding triable issues on Industrial Code violations while affirming dismissal of Section 240(1) claim.
Uncategorized
Beaton v. Tomco Mechanical, Inc.
Second Department reverses denial of summary judgment in Rikers Island injury case, granting dismissal of Labor Law Section 200 claim where plaintiff relied on undisclosed witness and hearsay testimony.
Uncategorized
Bazarewski v. Town of Islip
Second Department affirms summary judgment for all defendants in parking lot trip-and-fall, applying multi-carrier facility exception to transit authority and prior written notice defense to municipalities.
Uncategorized
Antunez v. Denoia
Second Department reverses summary judgment for homeowner in bathroom renovation injury case, holding floor hole near wall being demolished raises triable issues under Labor Law Section 200 despite being visible.
Uncategorized
Sadow v. Radio City Productions LLC
First Department affirms dismissal of sidewalk-barricade injury claim against both City and Radio City, holding police crowd control is a discretionary governmental function and abutting property owner did not own or control the barricade.
Uncategorized
Royster v. City of New York
First Department affirms summary judgment for City in police pursuit case, holding VTL Section 1104 emergency operation defense applies even without lights and sirens, and plaintiff who could have stopped cannot establish proximate cause.