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French & Casey LLP Defeats Wrongful Death Suit On Behalf of Long Island Utility

October 17, 2017 • Posted By • News

On September 12, 2017 in the matter of Ramirez v. Town of Hempstead, et al, Nassau County Supreme Court Justice James P. McCormack granted summary judgement dismissing negligence and wrongful death claims brought against the Long Island Power Authority (“LIPA”) and its former servicing agent National Grid Energy Services (“National Grid”), among other parties.  The lawsuit is proceeding against the two remaining defendants. Read More

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