In a personal injury case involving a plaintiff slipping and falling on subway stairs, the court considered whether the defendant, New York City Transit Authority (NYCTA), had a reasonable opportunity after the end of a snow storm to address the slippery condition, or whether NYCTA had actual or constructive notice…
Articles Posted in Premises Liability
Appellate court denies summary judgement in a “storm in progress” case. Powell v. MLG Hillside Associates, L.P., 290 A.D.2d 345, 737 N.Y.S.2d 27 (N.Y. App. Div. 2002)
On March 7, 1999 at 9:15am, the plaintiff slipped and fell in the snow in front of her apartment building, injuring her ankle. In the hours preceding her fall, there was a snow storm with about two inches of snow accumulating. The plaintiff filed a personal injury lawsuit against her…
Appellate court rejects New York State’s “storm in progress” defense. Scheuer v. State of New (2021 NY Slip Op 05906)
In the case of a car accident that killed one person and severely injured another, the appellate court was asked to consider whether the “storm in progress” defense applied. Background On March 2, 2005, 25-year-old Jeremy Killenberger and 25-year-old James Croote were passengers in a car being driven by Kevin…
New York Appellate Court Grants Partial Summary Judgment in Work Place Accident Case
Here, plaintiff’s accident arises out of the same facts and circumstances as the RN accident, as they were both employees of Rockledge and were standing on the same area of the sidewalk shed when it collapsed on July 12, 2003. Mr. OC and Mr. RN each asserted claims under Labor…
Based on the doctrine of collateral estoppel, defendants in a workplace accident case were precluded from relitigating an issue as to a second plaintiff – Ceja v. Friedland, 2007 NY Slip Op 31837(U) (N.Y. Sup. Ct. 6/18/2007)
In a workplace accident personal injury case, the court had to decide the issue as to whether the defendants were precluded from relitigating an issue as to a second plaintiff after having litigated the same issue as to a different plaintiff. On July 23, 2003, plaintiff Ceja and plaintiff Nunez…
Court of Appeals Hears Third Party Liability Argument in Truck Accident Case
This is the story of an incident that resulted in a personal injury claim from a commercial truck driver. The facts of the case are not being disputed by any of the parties involved. The truck driver drove his truck to the docks to deliver some cartons of merchandise to…
Defendant Files Motion for Dismissal, New York Appellate Court Rules
A motion for the dismissal of the verified complaint was filed by the defendants, who are insurance companies. The plaintiffs were limited partnership and two other corporations; one is a development corporation while the other is a management firm. A suit for personal injuries were filed against the plaintiffs by…
New York Appellate Court Remits Case to Address Damages Awarded to the Plaintiff
This is a case being heard in the Supreme Court of the State of New York, Appellate Division, and Second Department. The defendant in the case is appealing and order that was made by the Supreme Court of Kings County. The judgment of the case was made by a jury…
Plaintiff Appeals Denial of Their Request to Amend Complaint
This is a case of appeal being heard in the Second Department, Appellate Division, of the Supreme Court of the State of New York. The plaintiffs are seeking an appeal from an order made in the Supreme Court of Kings County that denied their motion for leave to serve a…
Plaintiff Files Motion to Amend Her Claim, New York Court of Claims Weighs In
The claimant of this particular case is Gwyneth Barbara Moravec. The defendant in the case is the City University of New York. The Court of Claims of New York is overseeing this case. The claimant. Gwyneth Barbara Moravec, has made a motion to amend her claim so that it will…