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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

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

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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