On August 1, 2005, a manual laborer was working on a construction site that was being operated on a military base. The objective of the construction was to renovate some military housing buildings that were run down. In order to renovate the buildings, the construction crew had to first remove…
Articles Posted in Premises Liability
Employer Files for Summary Judgment in Workplace Injury Case
When a person is injured while on their jobs, the case is generally handled under the Worker’s Compensation Laws of the State of New York. However, under these laws, if the person is determined to have suffered from a grave brain injury, then the person is given leave to file…
On June 30, 1967, a railroad worker of the Long Island Railroad, slipped while performing his job
On June 30, 1967, a railroad worker of the Long Island Railroad, slipped while performing his job on a Long Island Railroad train. When he slipped, his legs went under the steel wheels and were amputated from his body. His wife filed suit on his behalf while he was still…
Landlord Defendant Moves for Summary Judgment Arguing Plaintiff Has No Standing to Sue
A woman began leasing an apartment in 1993. The lease contract provided that the lease may be renewed every two years. The woman lived in that apartment with her twelve year old daughter. They lived continuously in the apartment where the landlord corporation made numerous repairs of the ceiling, the…
New York Appellate Court Discusses the Warranty of Fitness in Product Liability Case
The Facts: On 27 January 1970, the job superintendent of a Company, plaintiffs’ employer, ordered a quantity of lumber from defendant by telephone, including 200 pieces of 2 9 scaffold planking, and specifically asked for scaffold planking. He had 20 years of experience in the trade and had dealt with…
New York Appellate Court Decides Summary Judgment Motion in Insurance Case
In this case the plaintiffs are Precise Management Inc., the Bridge Street Development Corporation, and BSDC NRP I Limited Partnership. Their case is against the Tower Insurance Company of New York, Tower Group Companies, and as an additional party to the counter claim, Kenneth L. Johnson. The case is being…
Defendant Fails to Prove They Are Entitled to Summary Judgment as a Matter of Law
This plaintiff in this case is Randolph Ward. The defendant of the case is Three Nickles LLC. The case is being heard in the Supreme Court of the State of New York located in Kings County. Judge Francois A. Rivera is overseeing the case. The defendant, Three Nickles LLC is…
New York Appellate Court Says Plaintiff Failed to Prove Reason for Fall, Summary Judgment Denied
The plaintiff in this particular case is Avital Yarmush. The defendants of the case are Temco Service Industries, Inc., St. Peter’s Lutheran Church of Manhattan, Citigroup Center Condominium, Boston Properties Limited Partnership, and BP/CG Center I and BP/CG Center II, LLC. This case is being heard in the Supreme Court…
Plaintiffs File Action Against Starbucks for Slip and Fall
Caroline and James J. Heavey are the plaintiffs of the case. The defendants in the case are 148-154 Columbus Avenue Partners L.P., Lincoln Associates, Lincoln Triangle Partners, L.P., and Starbucks Coffee Company. The case is being heard in the Supreme Court of the State of New York located in New…
New York Appellate Court Finds Triable Issues of Fact, Summary Judgment Denied
The plaintiff in the matter is Andrea Faulk. The defendants in the matter are the City of New York and Marcus Garvey Brownstone Houses, Inc. The case is being heard in the Supreme Court of the State of New York located in Kings County. The defendants have moved for a…