(914) 220-1086The New York Supreme Court, Appellate Division, Fourth Department affirmed a trial court’s order denying the defendants’ motion for summary judgment in a personal injury case involving horseplay in a pool at a party. The defendants hosted a party at their house. Around 1:00 a.m., the plaintiff joined some others in the pool. The pool was above-ground […]
Personal Injury Law
Plaintiff’s Spinal Injuries Found to Constitute a Significant Limitation under Insurance Law 5102 (d)
The New York Supreme Court, Appellate Division, First Department held that the plaintiff had properly raised a triable issue of fact as to whether she suffered significant and/or permanent limitations to her spine as required under the Insurance Law. The plaintiff was injured in an auto accident due to the defendant driver’s negligence. The plaintiff suffered […]
Plaintiff Granted Partial Summary Judgment in Labor Law 240 Case
The New York Supreme Court, Appellate Division, First Department granted partial summary judgment to the plaintiff in a ladder / elevation case under Labor Law 240. The plaintiff was an electrician for Atlas-Acon Electric Service who was working on NBC property in New York City. The plaintiff ascended an A-frame ladder in order to replace the ballasts […]
NY Landlord Liable for Corroded and Dilapidated Stairs
The New York Supreme Court, Appellate Division, Fourth Department affirmed a trial court’s order denying summary judgment to a landlord sued by his renter after a nasty fall down the stairs. The plaintiff lived in a duplex owned by the defendant landlord. A set of exterior metal stairs at the building led to the front entrance. […]
Glass Door Falls on Construction Worker Because of Broken Hinge; Denial of Summary Judgment for Defendant Affirmed by First Department
The New York Supreme Court, Appellate Division, First Department affirmed a trial court’s order denying summary judgment for two defendants after a glass door fell on the construction worker plaintiff. The plaintiff was working at a construction site in New York City. The site was owned by Prudential, and Pinnacle was managing the project. The […]
Second Department Rules in Favor of Defendant School in Falling Debris Case
The New York Supreme Court, Appellate Division, Second Department reversed a trial court order that denied the defendant’s motion to dismiss in a personal injury case involving falling debris. The plaintiff was a teenage student at Locust Valley High School at the time of the accident. The plaintiff volunteered with the high school’s stage crew. On the […]
Property Owners May Still Be Liable For Injuries Caused By “Open & Obvious” Condition
The New York Supreme Court, Appellate Division, Second Department affirmed a trial court order denying a school district defendant’s motion for summary judgment after the plaintiff tripped over a pole vault box and sustained injuries. In 2010, the plaintiff went to Longwood High School to watch her niece’s softball game. While walking across a field at […]
Police Officer Who Ran Over Pedestrian May Be Liable for Wrongful Death
Late at night on March 30, 2015, a West New York police officer was making his way to work. Driving in his personal vehicle, a blue 2013 Honda Accord, the rookie officer was making his way down JFK Boulevard in North Bergen when he encountered the victim. The victim was a young man who was […]
Plaintiff Slip and Fall Case Dismissed for Testifying She Fell at Wrong Location
The New York Supreme Court, Appellate Division, Second Department dismissed a personal injury case against a building owner and Chinese restaurant when the plaintiff mistakenly sued the wrong entity. While walking down the sidewalk on Fifth Avenue in Brooklyn, the plaintiff tripped over a cellar door and fell, sustaining injuries. She brought a personal injury suit against […]
Shopper Killed in Great Neck, New York after Car Crashes into AT&T Store
On the morning of Monday, March 30, 2015, an elderly driver of a 2006 Toyota Rav4 drove into a shopping center parking lot in Great Neck, New York on Northern Boulevard by Nassau Road. For some reason, the driver was unable to bring her car to a stop in a parking spot in front of […]
A Rear-End Car Collision Is a Prima Facie Case of Negligence
The New York Supreme Court, Appellate Division, Second Department affirmed an order denying defendant driver’s motion for summary judgment in a rear-end car accident case. In 2011, the two plaintiffs were in their car waiting at a red light at the intersection of Ninth Avenue and 49th Street in Brooklyn, New York. While waiting, the […]
Study: Eating while Driving Accounts for 80% of All Car Accidents
Each year, an astonishing 1.3 million people die in car crashes, and a whopping 20-50 million are injured. Car accidents are the 9th leading cause of death among adults and the #1 cause of death among young people. These crashes cost U.S. citizens over $230.6 billion each year. The vast majority of these accidents are caused […]
Diving Board Liability and the Assumption of Risk
This post discusses a personal injury concept that, while at times confusing, often plays an integral role in determining liability: assumption of risk. Assumption of risk is a defense in a personal injury action in which a defendant claims that the plaintiff voluntarily undertook an activity with the knowledge that there is an inherent danger […]
New York Personal Injury: Who Owes a Duty?
As we’ve discussed before on this blog, personal injury liability is determined in a manner that (in theory at least) resembles a checklist. Did the defendant owe a duty to the plaintiff? Check. Did the defendant breach that duty? Check. Did the breach of that duty cause harm to the plaintiff? Check. Duty, breach, causation, and harm: […]
Liability for Sidewalk Accidents: Continued
In a previous post, we went over the laws governing which party is liable when a plaintiff trips and falls on a defective sidewalk in the City of New York. Brief review: NYC’s Sidewalk Law places liability on “abutting” property owners – those who own the land next to that portion of the sidewalk – with exceptions […]
Second Department Allows “Expert” Testimony in Brooklyn Slip and Fall Action
On September, 24 the Supreme Court, Appellate Division Second Department overturned a decision by the Supreme Court, Kings County which granted a motion made by the defendants in that case for judgment as a matter of law pursuant to CPLR 4401. CPLR 4401 allows either party to ask for a judgment as a matter of […]
Case Study: The “Serious Injury” Threshold
Lonnie Gates was rear ended by a truck owned by Sears, Roebuck and Co. and driven by Gene H. Longden. Under New York State’s no-fault insurance rule, a person injured in an automobile accident may recover for medical bills and other economic damages from the insurance company covering the vehicle they are riding in, or are hit by, regardless […]
Syracuse Police Officer Who Ran Red Light Without Stopping Liable for Injuries To Other Driver
In Ruiz v Cope, the Appellate Division, Fourth Department affirmed a decision by the Supreme Court of Onondaga County to award a man money damages after a non-jury trial against a police officer, Brendan Cope, the Syracuse Police Department, and the county. At the time of the accident Cope was being field trained under a […]
Appellate Department Upholds Right of Plaintiff to Impeach Doctor Based Upon 1099 Records
In Dominicci v Ford, an appeal to the Appellate Division, Fourth Department from a July 3, 2014 decision by the Supreme Court of Monroe County, the appellate court affirmed the lower courts decision to deny a request from State Farm Automobile Insurance Company to quash a subpoena for records belonging to a doctor working for […]
Court: Empty Dolly May Create Unsafe Condition When Left Unattended in Store Aisle
In Russo v Home Goods, Inc. the defendant Home Goods, Inc. was accused of creating a tripping hazard by leaving an empty dolly, otherwise known as a “pallet jack” in the aisle of its store. The Appellate Division, Second Department reversed the Supreme Court’s finding of summary judgment for the defendant, ruling that a triable issue of […]
Exemptions from the Scaffold Act
Earlier on the New York Injury Lawyers Blog, we discussed New York’s Scaffold Act- officially known as Labor Law § 240 – and how the strict liability imposed on contractors and owners by that law imposes liability upon employers when laborers fall during the course of their work. A related issue is to whom, exactly, the […]
What Constitutes a “Trivial” Defect in N.Y. Personal Injury Cases?
In May, the Appellate Division, Second Department clarifyied an issue of law that should be of interest to property owners. Put simply: when someone injures himself or herself on another’s property, how liable is the property owner? The case of Grundstrom v. Papadopoulos stemmed from an incident that occurred 2008. Plaintiff, Josephine Grundstrom, tripped and […]
8 Tips for Avoiding a Nighttime Auto Accident
Studies show there are increased incidents of auto accidents during than during the day. Nighttime driving can be more than annoying. For some drivers it can also be dangerous. Low-light conditions lead to decreased depth perception, ability to distinguish color, and worsening of peripheral vision. Additionally, people tend to be more tired at night. From bad vision […]
Medical Malpractice: A Brief Overview
In 2013, the state of New York led the nation in medical malpractice payouts, issuing $38.83 per capita compared to Pennsylvania (#2 on the list) who paid out $24.76 per capita in medical malpractice. The top 3 reasons for medical malpractice suits are: missed or incorrect diagnosis, negligent surgery, and inappropriate treatment. Malpractice is a […]
Teen Awaiting Manslaughter Trial Arrested Again for Vehicular Assault
Franklin Reyes, a Manhattan teenager awaiting trial for vehicular manslaughter stemming from the 2013 death of a four year old on the Upper West Side, is again in custody after allegedly dragging a police officer 100 feet during a traffic stop. The NY Daily News reports that during the stop, Reyes refused to put his […]
