In finding Supreme Court should have granted summary judgment in favor of the passenger-plaintiff, who was injured when the driver-defendant lost control of his car and struck a fence, the Second Department wrote: The plaintiffs made a prima facie showing of their entitlement to judgment as a matter of law by submitting evidence that this […]
Plaintiff, while playing baseball, fell on a concrete pathway adjacent to the outfield while running to catch a ball. The Second Department determined the doctrine of primary assumption of risk applied to risks associated with the construction of the playing field: …[T]he Supreme Court properly granted the defendants’ separate motions for summary judgment dismissing the […]
In reversing the denial of summary judgment to the plaintiff in a rear-end collision case, the Second Department determined the pre-deposition motion for summary judgment should not have been dismissed as premature: The Supreme Court erred in concluding that the plaintiffs’ motion was premature. A party who contends that a summary judgment motion is premature […]
In affirming Supreme Court’s grant of summary judgment to the defendant town with respect to damages allegedly caused by a burst storm water pipe, the Second Department determined plaintiffs did not raise a question of fact concerning negligent inspection or maintenance: “A municipality is immune from liability arising out of claims that it negligently designed […]
In determining the defendant’s motion for summary judgment in a slip and fall case should have been granted, the Second Department explained defendant had met its burden on the issue of (the absence of) constructive notice by proof of regular weekly cleaning: In a slip-and-fall case, a defendant moving for summary judgment has the initial […]
The exclusion of petitioner from an administrative hearing during the testimony of the only eyewitness to an alleged assault by petitioner required vacation of the arbitrator’s award. The First Department wrote: Petitioner’s exclusion from the administrative hearing during the testimony of the only eyewitness to her alleged hitting of a student—the student himself—violated her constitutional […]
A fire in plaintiff’s building left several people dead or injured. A person was arrested and charged with arson in connection with the fire. The plaintiff brought a declaratory judgment action to determine whether the defendant insurance company was required to defend and indemnify plaintiff. The main issue was whether the policy exclusion of damages […]
The plaintiff law firm brought breach of contract cause of action to recover contingency fees under a written retainer agreement. The motion court granted defendant’s motion to dismiss on the ground the law firm had been discharged. In reversing the motion court, the First Department wrote: Although no particular formality is required, the discharge of […]
In finding the City was not liable for injury to a bicyclist because of governmental immunity, the First Department wrote: In this action for personal injuries allegedly sustained by plaintiff when his bicycle hit a depression in a grassy area, after he was diverted from the bicycle path in a City park due to cleaning […]
In reversing a judgment after a jury trial in a slip and fall case, the First Department discussed several issues that came up in the trial, including the denial of a missing witness charge with respect to one of the defense doctors, a translation problem raised by the translator (which may have given the jury […]
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