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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 […]
Slip And Falls
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 […]
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 […]
Investigators: New Hartford House Fire that Claimed Three Young Lives Caused by Failed Electrical Appliance
According to the New Hartford Fire Department and the New Hartford Police Department, a February 2014 house fire in upstate New York that claimed the lives of two brothers, ages three and seven, and a 21-year-old woman was caused by an electrical appliance that appears to have failed. The failed appliance was along the outside […]
First Department Rules Defendant Failed to Meet Burden for Summary Judgment in Bronx Slip and Fall
Earlier this week the Supreme Court Appellate Division, First Department ruled that the defendant had not met its prima facie burden for an award of summary judgment in a Bronx slip and fall case. The fall occurred at the Bronx Zoo, where the plaintiff allegedly slipped on a patch of ice outside a restaurant within […]
First Department Upholds Damages, Reduces Past Medical Expenses in New York Slip and Fall Case
On August 20, the Supreme Court Appellate Division, First Department upheld a jury verdict of over $700,000 in a New York slip and fall case. The defendants had appealed the amount of the damages. Although the Court did uphold the jury’s award for past and future pain and suffering, it did reduce the award for […]
N.Y. Slip & Fall Attorney Report: Second Department Upholds Summary Judgment for Plaintiff in Slip and Fall Case
An April order by the Appellate Division, Second Department upheld a Suffolk County Supreme Court’s finding of summary judgment for the plaintiffs in a Long Island personal injury case. In February of 2007, the plaintiff, a Nassau County police officer, was responding to an alarm at the defendant’s summer house. At the time that the […]
White Plains Personal Injury Attorney Report: Appellate Division Allows Injured Father’s Case Be Heard By Jury
In the recent case, Burgos v. Montemurro Enterprises, LLC, the First Department of the Appellate Division, New York State Supreme Court, upheld a Bronx trial level decision denying a personal injury defendant’s motion for dismissal. The Plaintiff Samuel Burgos was injured when he tripped and fell on uneven planks while walking up a wooden walkway […]
Summary Judgment For New York City Reversed In Slip and Fall Accident Case
The Second Department recently reversed an initial summary judgment ruling in favor of the City of New York. According to the suit, the plaintiff slipped and fell on greasy steps inside a city sanitation garage. The Trial Court agreed with the City, in that it did not have notice of the grease on the steps, […]
Summary Judgment In Favor Of Property Owner And CVS Reversed In Minor’s Slip And Fall Case
On November 22, 2011, the New York State Appellate Division, Second Department reversed an order for summary judgment granted to joint defendants. The Trial Court had ruled in favor of the defendants finding that no issues of fact existed requiring a trial of the matter. The case involves injuries suffered by a minor child as […]
Slip And Fall Case Restored By New York Appellate Division, Second Department
In a recent Westchester County, NY personal injury, slip and fall lawsuit, the plaintiff nurse claimed that she had slipped on urine while assisting a handicapped teenager who attended school at the defendant Pines Bridge Program. The school was owned and operated by defendants, Putnam / Northern Westchester Board of Coop. Services, and the plaintiff […]
Summary Judgment Denied To Madison Square Garden In New York Slip & Fall Accident Case
In a New York Slip and Fall Accident case, Defendant Madison Square Garden’s motion for summary judgment was denied. Plaintiff slipped and fell on liquid on the floor of Madison Square Garden while attending a Rolling Stones concert. Plaintiff testified that after she fell her pants were wet and smelled like beer. The Madison Square […]
Teen Drowns in Cesspool Outside Long Island Dunkin’ Donuts
Amir Zeqiri, 17, a Central Islip, NY resident, drowned in a bizarre incident. The tragedy occurred when the teenage employee went behind the Smithtown, NY Dunkin’ Donuts to empty the garbage and fell into the open cesspool. After not returning to work, Zeqiri’s younger cousin when out to investigate and noticed the boy flailing around […]
White Plains Accident Lawyer Report: Bronxville Girl May Have Slipped & Fallen On Ice/Slush
According to a Journal News report of January 1, 2010, the cause of death of young Bronxville girl, Mihoko Fukuzawa, is still unknown. However, officials believe that she may have accidentally slipped on a slushy, icy patch of sidewalk and fallen on a rock in front of the Christ Church in Bronxville on Dec. 23, […]
Bronx (NYC) Slip & Fall Attorney Report: Drunk Male Awarded $150,000 By Bronx Jury
A 45 year-old male reveler claimed that he slipped and fell on the defendant’s sidewalk that was covered with snow and ice. Plaintiff contended that his fall was caused by snow that had been cleared and piled, which then melted, made its way back onto the sidewalk and re-froze (creating a hazardous condition). Defendant claimed […]
Torn Quadricep Yields $75,000 Settlement In Queens County (NYC) Slip And Fall
A 41 year-old female allegedly slipped and fell in a Brooklyn (NYC) parking lot of a catering hall. She claimed that the parking lot was dangerous due to uneven pavement. She reportedly fell, and suffered a tear of her quadricep. The owner of the parking lot denied that the lot was dangerous and questioned whether […]
Clerk Awarded $237,000 By Westchester County Jury After Falling On Ice
The plaintiff, a 38 year-old administrative clerk employed by a tenant in an office building in Armonk, NY was recently awarded a $237,000 verdict by a Westchester County, New York jury. She claimed that she tripped and fell on an icy patch while exiting the building. Plaintiff claimed that the owners of the building failed […]
Premises Accident: Slip And Fall In Westchester County Yields $650,000 Settlement At Mediation
Plaintiff, a 53 year-old insulator, allegedly slipped and fell on oil that had leaked onto the ground while working at a Westchester County, NY power plant. This matter recently settled for $650,000 at mediation. Plaintiff claimed that the owner/operator of the plant, Entergy, was negligent in its maintenance of the premises, and that its negligence […]
