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.
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.
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.
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.
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.
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.
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.
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.
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.
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.