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Articles Posted in Premises Liability

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Court rejects New York State’s “storm in progress” defense. Tucker v. N.Y.C. Transp. Auth., 2020 N.Y. Slip Op. 30115 (N.Y. Sup. Ct. 2020)

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…

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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…

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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…

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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…

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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…

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