In a slip and fall case, the First Department noted that inherently smooth floors do not give rise to liability in the absence of a defect. The plaintiff slipped and fell on a cotton bath mat on a smooth bathroom floor: In cases involving inherently smooth, and thus potentially slippery tiled or stone floors, absent […]
The First Department reversed Supreme Court and held that the 15-day grace period allowed for the repair of an identified roadway defect precluded plaintiff’s lawsuit: Eight days before plaintiff’s accident, a City highway inspector employed by the Department of Transportation prepared a Highway Inspection and Quality Assurance Report identifying a two-inch-deep defect in the street […]
In a full-fledged opinion by Justice Sweeney, the First Department determined that a malpractice action against a chiropractor (Dr. Fitzgerald) is governed by the three-year statute of limitations (CPLR 214(6)), not the 2 ½ year statute of limitations (CPLR 214-a) governing actions against physicians and those providing medical services at the direction of a physician: […]
In a full-fledged opinion by Justice Chambers, the Second Department reversed Family Court and awarded mother guardianship of her children so the undocumented children could pursue special immigrant juvenile status (SIJS) to become lawful residents of the United States. In El Salvador the children had been threatened with death if they did not join a […]
In the course of a decision which discussed several Labor Law issues, the Second Department noted when a subcontractor (here MCN) may be held liable under common law negligence, even where the subcontractor has no authority to supervise or control the injured party’s work: A subcontractor may be held liable for negligence where the work […]
The Second Department determined that the defendant vehicle owner (Witsell) did not overcome the presumption her vehicle was being driven with her consent: Vehicle and Traffic Law § 388(1) “makes every owner of a vehicle liable for injuries resulting from negligence in the use or operation of such vehicle . . . by any person […]
The Second Department determined that a question of fact had been raised about medical malpractice stemming from a lack of informed consent. The plaintiff’s signing of a generic consent form did not entitle the doctor to summary judgment: …”[L]ack of informed consent is a distinct cause of action which requires proof of facts not contemplated […]
The Second Department determined that neither the owner nor the lessee of commercial property could be held liable for a slip and fall on ice covering the abutting sidewalk. Under the Administrative Code of the City of New York the owner had until 11:00 am to address the ice that formed the night before (the […]
The Second Department, in grappling with the effect of stipulations and a release stemming from divorce proceedings, explained the principles of res judicata (precluding mother’s action for payment of Bar Mitzvah fees) and the interpretation of a release (allowing mother’s action for teen tour expenses): “Under the doctrine of res judicata, a party may not […]
The First Department determined the impeachment of the defendant with a statement made by the defendant’s attorney at arraignment was proper: The court properly admitted a statement made at arraignment by defendant’s counsel, who was also trial counsel, to impeach defendant after he testified to a different version of the events … At the arraignment, […]
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