Where the plaintiff was injured when defendant’s dog collided with his bicycle, the First Department determined defendant’s (the dog owner’s) motion for summary judgment should have been granted, despite allegations of negligence on the part of the defendant (there was a dissent): Plaintiff was injured when, while riding his bicycle, he collided with defendant’s dog. […]
Plaintiff was injured when, sitting on the ground, he leaned back against a fence-gate which swung open causing him to fall. The First Department determined the condition of the fence was “open and obvious” precluding recovery (there was a dissent). The court wrote: Although property owners have a duty to maintain their property in a […]
Plaintiff manufactured a freezer used by a nonparty bakery. According to the bakery, the freezer didn’t cool cakes to the proper temperature and the cakes were therefore ruined when cut, causing the bakery millions in damages. The bakery sued plaintiff and plaintiff sought defense and indemnity from its insurer. The insurer disclaimed coverage, arguing that […]
After the premises was sold it was removed from coverage under a Travelers insurance policy. Plaintiff slipped and fell on the property ten days after coverage was removed. Supreme Court determined Travelers was obligated to defend because it was alleged the injury was related to a dangerous condition that existed before the property was sold […]
The First Department, in this Labor Law 241 (6) action, determined that a 12 to 15 inch drop from the work area to a subfloor did not constitute a “hazardous opening” and did not trigger the “stairways, ramps or runways” requirement (re: the Industrial Code): Industrial Code (12 NYCRR) § 23-1.7(b)(1) is inapplicable. The record […]
In up holding the termination of petitioner, a deputy sheriff correction officer, after a disciplinary hearing officer recommended only suspension, the Third Department wrote: Here, petitioner was found to have caused an injury to a defenseless, handcuffed inmate over whose custody petitioner was in charge. The Sheriff noted that his decision to terminate petitioner’s employment […]
Petitioner was a sergeant at Butler Alcohol and Substance Abuse Correctional Facility and he alleged he was assigned as shift supervisor, requiring him to perform the work of a correction lieutenant. In upholding a determination that petitioner’s “out-of-title” work did not entitle him to more pay, the Third Department noted: While Civil Service Law § […]
Plaintiff was struck by a car driven by defendant while she was taking a walk during a layover between work assignments for her employer. She filed for workers’ compensation benefits. And she sued the driver in a negligence action. While the workers’ compensation proceeding was progressing plaintiff settled with the driver’s carrier. Upon notice to […]
In finding that injury to a police officer was not the result of an “accident” within the meaning of the Retirement and Social Security Law, the Third Department wrote: Here, petitioner was performing his regular police duties chasing a suspect within his authorized patrol area at the time he was injured. As we have recognized, […]
The Third Department upheld the trial court’s determination that plaintiff’s business-related contacts with out-of-state defendants were insufficient to confer New York jurisdiction over them: Plaintiff entered into a three-month agreement with defendant Yodle, Inc. to conduct an Internet advertising campaign for his divorce document preparation business. Three weeks after agreeing to the terms of the […]
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