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.
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Personal Injury
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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.
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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.
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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.
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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.
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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.
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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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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.