News & Blog

Category: Insurance Coverage

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

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

BEHRENS v. NORTH MERRICK FRUITS, INC. (Index No. 6861/14) (March 22, 2017)

April 28, 2017 • Posted By Maggie McGannon • Insurance Coverage

In this personal injury action grounded in premises liability, plaintiff alleged that as she exited defendant’s store she fell while pushing a heavily laden shopping cart. She argued that the slope of the store’s exit ramp “was unreasonably steep and unsafe and caused her to fall.” The Appellate Division affirmed the Supreme Court’s grant of summary judgment to defendant and the denial of the plaintiff’s cross motion for leave to supplement or to amend her bill of particulars. Read More

Mery v. Eginger, 2017 NY Slip Op 02784 (2d Dep’t 2017)

April 20, 2017 • Posted By Paul J. Lee • Insurance Coverage

In this personal injury action, plaintiff was driving a truck with a window open on a road near the defendant Church’s property.  He heard a noise of a lawn mower hitting something and felt a sharp pain in his left eye.  He pulled the truck over and pulled a piece of wire out of his eye.  At the time of the accident, defendant Eginger was mowing the Church’s lawn.  Plaintiff alleges the piece of wire had been ejected by Eginger’s lawn mower. Read More

Wunderlich v. Turner Construction Company, Safway Services v. LVI Environmental, v. Irwin Seating Company NYLJ, 2/24/17, P. 28

March 20, 2017 • Posted By Joseph A. French • Construction Claims, Insurance Coverage

Defendants appealed from a decision that had denied their motion for summary judgment.  The First Department affirmed the Trial Court’s decision denying the motion on Labor Law §241(6) and §200 grounds.  It did modify the lower Court’s decision, however, and grant the motion addressing the claim for contractual indemnification.

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Appellate Division, Second Department Affirms and Clarifies Landlord Liability for Assaults committed by Third-Parties

March 1, 2017 • Posted By Douglas R. Rosenzweig • Insurance Coverage

In Ramos v. New York City Housing Authority, (2015-06998),  __ A.D.3d __ (2nd Dept. 2017), the Appellate Division, Second Department recently affirmed a denial of Summary Judgment to the New York City Housing Authority (“NYCHA”).  NYCHA sought dismissal of plaintiff’s assault claim on the grounds that plaintiff was unable to prove that its alleged negligence in failing to provide a properly locking front door at the premises was a proximate cause of her injuries. 

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