News & Blog

Archive: 2015

Oscar Torres, v. St. Francis College, – Index No. 4493/12.

August 14, 2015 • Posted By Joseph A. French • Insurance Coverage

In an action to recover damages for personal injuries, etc. the plaintiffs appealled from an order of the Supreme Court, Kings County (Vaughan , J.) which granted those branches of the defendant’s motion for summary judgment dismissing the causes of action to recover damages for common-law negligence and violations of Labor Law §§200 and 240(1). In a St. Frances College gym, plaintiff was cleaning a basketball backboard while standing on an A-frame ladder. He fell from the ladder and was injured. He sued and brought claims under Labor Law §§ 200 and 240(1). Read More

No Physically Significant Elevation Differential Results in Dismissal of Labor Law § 240(1) Cause of Action

July 14, 2015 • Posted By Douglas R. Rosenzweig • Insurance Coverage

In a positive development for the defense bar, Justice Kathryn Freed issued a decision in Boress v. 200 Park, LP (113084/11 Sup. Ct. N.Y. Co. April 30, 2015) dismissing plaintiff’s Labor Law § 240(1) cause of action due to the lack of any physically significant elevation differential existing between the plaintiff and the object which struck him.

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French & Casey, LLP Partner, Susan A. Romano and Associate, Ruth Kavanagh to speak in 4th Annual Sports and Arts Foundation Speakers Week

May 5, 2015 • Posted By • News

Ruth Kavanagh and Susan A. Romano are participating in the 4th Annual Sports and Arts Foundation Speakers Week.  The program provides students with insight into career paths and educational experiences.  Ruth and Susan will be speaking to students at IS 285K in Brooklyn

Miette Cvijenovich, et al., res v. Beacon Kids Wrestling Club, Appellant def NYLJ 1202719840091 – (Index No. 2251/12)

April 20, 2015 • Posted By Joseph A. French • Insurance Coverage

In this matter, defendant appealed an order of the Dutchess County Supreme Court, denying its motion for summary judgment dismissing the plaintiff’s complaint. During a wrestling match sponsored by the defendant, plaintiff’s child allegedly sustained injuries when his opponent performed “an illegal or unreasonably dangerous wrestling move”. Subsequently, the referee of the match, an experienced high school wrestler, immediately disqualified the opponent after the alleged illegal move took place.

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Court Grants Defendants Summary Judgment Motion and Precludes Expert Testimony

April 15, 2015 • Posted By Doug Rosenzweig • Insurance Coverage

In Toomey v. MillerCoors LLC No. 12-CV-3295 (DRH)(AKT) (2015), plaintiff William Toomey was working as a bartender when a bottle of Coors Light beer exploded between his index finger and thumb causing severe injuries to his index finger.  To demonstrate that the accident was the fault of MillerCoors, plaintiff relied on the expert testimony of George Pecoraro.  Pecoraro opined that the accident occurred because the glass bottle was not thick enough to withstand fracture.  He claimed that the Coors Light bottle was thinner than other brands of beer.  Mr. Pecoraro opined that a warning on packaging would have prevented the injury or that MillerCoors should have used thicker bottles.

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Parking Lot’s Open and Obvious Condition Warrants Dismissal of Complaint

March 16, 2015 • Posted By Joseph A. French • Insurance Coverage

The Second department recently reversed a trial court’s denial of defendant’s Motion for Summary Judgment.

The plaintiff tripped and fell over a concrete wheel stop in a parking lot of a Costco Wholesale store.  She subsequently commenced this action against Costco and PJ Venture Common LLC (hereinafter PJV), the lessee and out-of-possession owner, respectively, of the parking lot.

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Insufficient Evidence of Defendant’s Snow Removal Work During a Storm Prompts Reversal of Motion for Summary Judgment Award to Defendant.

March 16, 2015 • Posted By Joseph A. French • Insurance Coverage

            The Second Department recently reversed a Brooklyn Supreme Court decision and granted summary judgment to a defendant in a snow slip and fall action. Plaintiff, having just crossed the street, slipped and fell on a mound of snow on the sidewalk abutting the defendant’s premises. Plaintiff alleged defendant had created the mound; defendant sought summary judgment based on the storm in progress rule.

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