Apartment Occupant Can Continue Case Arising Out of Slip-and-Fall On Water...
Plaintiff was injured when she slipped on an accumulation of water and fell in the bathroom of her apartment in defendants’ building. The water that caused plaintiff’s fall came from a leak in the...
View ArticleBronx Dollar Store Shelving Collapse – Res Ipsa Loquitur?
According to various news reports, several (as many as eight) people were injured yesterday when shelving at a Bronx Dollar Store collapsed in a “thunderous roar”, causing objects (including cans and...
View ArticleFalling 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...
View ArticleCourt 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...
View ArticleCourt 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...
View ArticleCourt 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...
View ArticleExpert 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...
View ArticleElevator 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...
View ArticleInjuries 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...
View ArticleRes 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...
View ArticleCase 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...
View ArticleFlambe 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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