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.