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Falling Stucco Personal Injury Case Continues

In Stubbs v. 350 E. Fordham Rd., LLC, decided May 29, 2014, the Appellate Division, First Department reinstated plaintiff’s common-law negligence claim. Plaintiff “was standing on the sidewalk in front...

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Court Affirms Dismissal of Postal Worker’s Personal Injury Suit Arising From...

In Soto v. New Frontiers 2 Hope Hous. Dev. Fund Co. (decided June 10, 2014), the Appellate Division, First Department affirmed the dismissal of plaintiff’s complaint. Plaintiff, a postal worker, was...

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Court Grants Restaurant Co-Workers Summary Judgment on Sexual Harassment...

Employment discrimination cases – particularly those involving allegations of harassment or a hostile work environment – are often not suitable for resolution as a matter of law (or “summary...

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Court Holds that Train Panel Injury Results in Summary Judgment in...

In Barney-Yeboah v. Metro-North Commuter Railroad, the Appellate Division, First Department held that plaintiff was entitled to summary judgment on the issue of liability under the doctrine of resipsa...

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Expert Testimony Required to Prove Negligence in Laser Hair Removal Injury...

In Dosanjh v. Satori Laser Ctr. Corp. (App. Div. 1st Dept. Apr. 16, 2015) – a personal injury case arising from burns sustained by the plaintiff during a laser hair removal procedure – the court...

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Elevator Misleveling Trip-and-Fall Case Proceeds to Trial on Res Ipsa...

In Moriarty v. Lenox Terrace Development Associates (NY Sup. Ct. 3/24/15), the plaintiff sought to recover for injuries she sustained after tripping and falling upon exiting a misleveled elevator in...

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Injuries Resulting From Falling Objects

Among the many different ways to get injured (particularly in a place like New York City) is to be hit by a falling object. Such objects can include, for example: construction site equipment, a tree or...

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Res Ipsa Loquitur Applicable; Plaintiff Granted Summary Judgment in Garage...

In Levin v. Mercedes-Benz Manhattan, Inc., 2015 NY Slip Op 06025 (App. Div. 1 Dept. July 9, 2015), a personal injury case, the Appellate Division, First Department affirmed a summary judgment for...

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Case Arising From Ingestion of “Dried, Brittle Mass” From Coke Can Survives...

Shawn Bickham just wanted a Coke. He got one from the fridge and started drinking. After he had finished about half the can, he “felt something get caught in his throat” which “felt like something...

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Flambe Burn Lawsuit Against Bocca East Restaurant

In a lawsuit filed on December 29, 2015 in New York Supreme Court, Katz v. Bocca East Restaurant et al, NY Sup. Ct. Index No. 163085/2015, plaintiffs Judith Katz and (her daughter) Laura Katz allege...

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