News & Blog

Blog

Plaintiff Fails to Meet Her Burden in Black Ice Slip and Fall Case Vozzo v. Fairfield Wentlake Square, LLC – Second Department NYLJ – July 28, 2017

August 4, 2017 • Posted By Joseph A. French • Insurance Coverage

The Second Department recently reversed a Suffolk County Judge’s denial of summary judgment to the defendant. Plaintiff claimed he slipped on black ice in the exterior dumpster area of a residential complex.  Plaintiff had testified precipitation had fallen before her fall, and she had not seen the alleged icy condition before or after she fell. Read More

Second Department Rules in Plaintiff’s Favor in Golf-Related Assumption of Risk Case   Patricia R. Macisaac, as Administratrix of the Estate of John R. Macisaac, Deceased And Patricia R. Macisaac, Individually v. Nassau County, NYLJ – July 17, 2017

July 31, 2017 • Posted By Joseph A. French • Insurance Coverage

            In 2012, plaintiff-decedent was walking from the 12th hole tee to the 13th hole tee at the Eisenhower Park Golf Course.  While walking he allegedly tripped on a sprinkler valve in a grass-covered hole.  Plaintiff-decedent fell to the ground, and sustained mortal injuries.  Defendant raised a primary assumption of the risk defense in light of the decedent’s wrongful death claims. Read More

Open Trap Door not a Trap for Defendant Deli Curran v. 201 West 87th Street, L.P. Second Department – NYLJ June 23, 2017

July 19, 2017 • Posted By Joseph A. French • Insurance Coverage

          The defendant deli appealed an adverse summary judgment decision to the Second Department.  The Appellate Court reversed the Order, and awarded summary judgment to the deli.             The plaintiff was a customer in the deli, and while walking inside the deli, he allegedly fell through an interior open trap door.  A deli employee allegedly left it open. Read More

Flowers v. City of New York Appellate Division, First Department 2017 NY Slip Op 05040 Decided on June 20, 2017

July 19, 2017 • Posted By Joseph A. French • Complex Litigation

The City appealed a Bronx Supreme Court Order that denied the City’s motion to compel discovery. Following an execution of a search warrant plaintiff alleged he had been wrongfully arrested and prosecuted.  At his deposition, he denied using aliases or nicknames.  Issues developed over certain Facebook pages attributable to person using the name “Moe” or which incorporated “Moe” into other names, e.g., “Moejobrim Moejo”.  Plaintiff did not deny he was the account holder for the “Moe” Facebook pages. Read More

IS YOUR EMPLOYMENT AD DISCRIMINATORY? UNDER THE FAIR CHANCE ACT (“FCA”), IT MIGHT BE

May 25, 2017 • Posted By Victoria Kennedy • Complex Litigation, Insurance Coverage, Labor & Employment, Risk Managment

On October 27, 2015, New York City enacted the Fair Chance Act (“FCA”), which expanded upon New York Correction Law Article 23-A to prohibit potential employers from advertising that applicants must not have any felony convictions.  The FCA also prohibits any ads that state or imply that criminal background checks will be conducted.

Read More

Hearsay in Summary Judgment Motions Dindiyal v. Dindiyal 2017 NY Slip Op 03152 Second Department, April 2017

May 11, 2017 • Posted By Joseph A. French • Trusts and Estates

The issue of hearsay in summary judgment motions is an issue that the practitioner should be ever vigilant about when drafting and opposing summary judgment motions.             Plaintiff’s motion for summary judgment was granted, and she was declared the sole beneficiary of the life insurance policy at issue.  Plaintiff was the sister of a man who had entered into a Stipulation of Settlement regarding the marital estate he had with the defendant.  The policy was not mentioned in the Stipulation of Settlement, and plaintiff’s brother died before the judgment of divorce was entered. Read More

Second Department Reverses Queens County Summary Judgment as and to Plaintiff Romero v. Northern Steel, LLC, NYLJ – March 24, 2017

May 1, 2017 • Posted By Joseph A. French • Construction Claims, Insurance Coverage

     Plaintiff filed suit against Northern Steel alleging various Labor Law claims.  He claimed he fell from the top of a scissor lift at a work site Northern Steel owned.  A demolition worker, plaintiff claimed a ceiling beam fell toward him.  When he stepped out of the way, he fell off the scissor lift.  Plaintiff argued the beam should have been secured, and the failure to secure it caused his fall and injuries.  The Lower Court agreed and granted summary judgment to the plaintiff. Read More