• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
(914) 220-1086

Law Offices of Thomas L. Gallivan, PLLC

Just another WordPress site

  • Home
  • About
    • Attorney Profiles
      • Daniel F. Gallivan
      • Thomas L. Gallivan
      • James C. Freeman
      • Andrew J. Gilbride
    • Testimonials
  • Practice Areas
    • Personal Injury
      • Car Accident Lawyers
        • Car Accident Lawsuits and Settlements
      • Pedestrian Accident Lawyers
      • Slip & Fall Lawyers
      • Truck Accident Lawyers
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • White Plains Uber Accident Lawyers
    • Nursing Home Abuse
      • Bedsores and Pressure Ulcers
      • Brain Bleeds
      • Bruises and Cuts
      • Elopement
      • Falls & Broken Bones
      • Group Home Abuse
      • Infections
      • Malnutrition
      • Medication Errors
      • Physical Abuse
      • Wrongful Death
    • Medical Malpractice
      • Birth Injury
      • Emergency Room Negligence
      • Failure to Diagnose
        • Stroke and Heart Attack
        • Lymphoma
        • Leukemia
        • Cancer
        • Breast Cancer
        • Colon Cancer
        • Prostate Cancer
        • Kidney Cancer
      • Hemiparesis
      • Gastric Bypass Malpractice
      • Medication Errors
      • Meningitis
      • Neurological Injuries
      • Statute of Limitations
    • Criminal Defense
  • Blog
  • Resources
    • Videos
    • Notable Cases
    • Nursing Home Citation Map
    • Nursing Home Citations
  • Contact Us
  • Home
  • About
    • Attorney Profiles
      • Daniel F. Gallivan
      • Thomas L. Gallivan
      • James C. Freeman
      • Andrew J. Gilbride
    • Testimonials
  • Practice Areas
    • Personal Injury
      • Car Accident Lawyers
        • Car Accident Lawsuits and Settlements
      • Pedestrian Accident Lawyers
      • Slip & Fall Lawyers
      • Truck Accident Lawyers
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • White Plains Uber Accident Lawyers
    • Nursing Home Abuse
      • Bedsores and Pressure Ulcers
      • Brain Bleeds
      • Bruises and Cuts
      • Elopement
      • Falls & Broken Bones
      • Group Home Abuse
      • Infections
      • Malnutrition
      • Medication Errors
      • Physical Abuse
      • Wrongful Death
    • Medical Malpractice
      • Birth Injury
      • Emergency Room Negligence
      • Failure to Diagnose
        • Stroke and Heart Attack
        • Lymphoma
        • Leukemia
        • Cancer
        • Breast Cancer
        • Colon Cancer
        • Prostate Cancer
        • Kidney Cancer
      • Hemiparesis
      • Gastric Bypass Malpractice
      • Medication Errors
      • Meningitis
      • Neurological Injuries
      • Statute of Limitations
    • Criminal Defense
  • Blog
  • Resources
    • Videos
    • Notable Cases
    • Nursing Home Citation Map
    • Nursing Home Citations
  • Contact Us
Call
Contact
Blog
Home  /  Miscellaneous  /  N.Y. Slip & Fall Attorney Report: Second Department Upholds Summary Judgment for Plaintiff in Slip and Fall Case

N.Y. Slip & Fall Attorney Report: Second Department Upholds Summary Judgment for Plaintiff in Slip and Fall Case

icy stair

by Law Offices of Thomas L. Gallivan, PLLC 19 Jun2013

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 officer was investigating the house, the premises were covered in snow from a recent snowfall because the defendants had not removed the snow themselves, nor had they outsourced the task during the off-season months. The house was unlit, and the plaintiff slipped and fell on the slick top step of the residence.

To prevail in its summary judgment motion, the defendants would have had to show that they neither created the hazardous condition, nor did they have notice of the condition. Obviously the snowfall was not created by the defendants. Furthermore, if they had not been to the house that winter, as it appears from the record that they had not, they would have no actual notice of the condition. It seems logical, however, that the defendants would have had constructive notice of the condition, knowing that they had not hired anyone to clear away any winter snow. The Court ruled that the defense failed to meet it’s prima facie burden for summary judgment, thus their motion was denied.

The Second Department upheld the Suffolk County Supreme Court’s Order granting plaintiff’s cross-motion for summary judgment. The Court found that the plaintiff was able to properly identify a statute or ordinance with which the defendant failed to comply, that plaintiff was injured, and that the defendant’s negligence caused this injury. Having established this prima facie case as a right to summary judgment, the burden shifted to the defense to raise a triable issue of fact. The Court ruled that the defense did not raise such an issue. Because of these factors, the Suffolk County Supreme Court’s finding of summary judgment for the plaintiff was upheld by the Appellate Division.

Patrick Byrne et al., Respondents, v. Thomas Nicosia et al., Appellants.

Posted in: Miscellaneous, Slip And Falls

Primary Sidebar

Get In Touch

Practice Areas

Personal Injury

  • Wrongful Death
  • Motor Vehicle Accidents
  • Trucking Accidents
  • Pedestrian Accidents
  • Construction Accidents
  • Scaffolding Accidents
  • Slip, Trip & Falls (Premises Liability)
  • Negligent Supervision at a School or Day Care
  • Sidewalk Falls
  • Elevator Accidents
  • Train and Subway Accidents

Nursing Home Neglect & Abuse

  • Bedsores (Pressure Ulcers)
  • Falls & Fractures
  • Malnutrition and Dehydration
  • Physical and Sexual Abuse
  • Wandering & Elopement
  • Unexplained Bruises and Cuts
  • Infection
  • Choking Incidents
  • Medication Errors
  • Group Homes
  • Assisted Living Facilities

Criminal/DWI Defense

  • DWI (Driving While Intoxicated)
  • Criminal Defense
  • Traffic Violations
  • DMV Refusal Hearings
  • Sex Crimes
  • Shoplifting & Larceny
  • Assault & Vehicular Assault
  • Drug Possession
  • Drug Sales
  • Weapons Charges
  • Domestic Violence
  • How is a DWI Defined in New York?
  • Is the Driver’s License Confiscated Immediately Upon a DWI Arrest?

Medical Malpractice

  • Failure to Diagnose Cancer
  • Birth Injuries (Gynecological, Obstetrical)
  • Medication Errors
  • Surgical Errors
  • Gastric Bypass Surgery Errors
  • Emergency Room Errors
  • Failure to Diagnose Heart Attack or Stroke
  • Cerebral Palsy
  • Erbs Palsy Birth Injury

Trusts + Estates

  • Wills & Trusts
  • Divorce, Child Support, Custody Issues
  • Elder Law
  • Estate Planning
  • Guardianships
  • Medicaid-Planning
  • Power of Attorney / Health Care Proxy
  • Probate and Estate Administration
  • Surrogate Court Litigation
  • Real Estate
  • Business Formation
  • Wills
  • Will Contests

View All Practice Areas

View All Blogs

CLIENT TESTIMONIALS

" Last year I was injured in an accident, and for the first time, needed the advice of an attorney regarding how to proceed. I was referred to Thomas Gallivan through a family member who is a lawyer in Massachusetts. I am beyond pleased with how Thomas handled my case. He was knowledgeable, professional, and although the case was not as straightforward as some, he used every resource to ensure a positive outcome. Thomas communicated with me regularly and I felt completely informed and confident in his ability. He expertly negotiated a fair settlement that I was very happy with. The entire experience was extremely positive, during a stressful time for me. Thank you Thomas. "

Melanie

" Attorney Thomas Gallivan is a wonderful attorney!! I particularly liked his professionalism, consistency, always kept us updated on the case, and available upon request. He worked extremely hard and was persistent on getting the best settlement in a timely matter. I truly appreciated his prompt responsiveness to emails and phone calls. The office staff was very pleasant and made sure to get messages to him asap. Glad we chose this law firm, would highly recommend and in the event that we ever need an attorney again, Gallivan & Gallivan would be my primary choice. "

Katherine R.

" I was a passenger on a motorcycle and ended up falling off the back of the bike due to the driver acting like an idiot. I fell off at a high rate of speed and was very banged up. Fractured wrist and road rash down my back and elbows. I am lucky I didnt die. Not knowing what to do I contacted Thomas and he could not have been anymore helpful!! He went out of his way to meet with me. He actually came to my house for the initial consultation. I know nothing about law or what my options even were. He took me through everything step by step. "

Colin W.

View All Testimonials

245 Main St Suite 450 White Plains, NY 10601

Phone:
(914) 220-1086

Fax:
(516) 394-4229

555 5th Ave 14th Floor
New York, NY 10017

Toll Free:
(855) 228-7369

(By Appointment Only)

1370 RXR Plaza
Uniondale, NY 11556

Phone:
(914) 594-6820

Fax:
(516) 394-4229

12 1st St
Riverhead, NY 11901

Phone:
(914) 825-5855

Fax:
(516) 394-4229

Footer

  • Personal Injury
  • Nursing Home Abuse
  • Medical Malpractice
  • Car Accidents

ATTORNEY ADVERTISING

Copyright © 2022, Law Offices of Thomas L. Gallivan, PLLC | Sitemap