Recent Blog Posts
Slip and Fall while Wearing Stilts Held Not Covered by the New York Scaffold Law
Last week we talked about a recent New York Court of Appeals case that applied the scaffold law (Labor Law 240(1)) to a worker who fell from a catwalk while working on a billboard. That very same day, the court handed down another decision regarding a different worker fall. This time, however, the court… Read More »
Court Rules Fall from Billboard Catwalk was a Covered Injury under the Scaffold Law
Billboard ads are temporary in nature and meant to be changed from time to time. When a new advertisement is being put up, does that work count as “routine maintenance,” or is the billboard being “altered” within the meaning of New York Labor Law 240(1) – the Scaffold Law? How this activity is categorized… Read More »
Midtown Crane Accident Takes Life of NYC Construction Worker
New York City construction worker Trevor Loftus was killed on Friday, April 24th when the crane he was inspecting collapsed suddenly and pinned him against the bed of the truck the crane was being operated from. Loftus was pronounced dead at the scene. A native of Limerick, his death is being greatly mourned by… Read More »
Is City Liable for Slip & Fall in “Distressed Building”?
When New York City landlords fail to repair their deteriorating apartment buildings, the City can step in and contract for the repairs at the owner’s expense. What if the work is done negligently, and somebody gets hurt? Who is responsible to an injured person who slips and falls in a designated “distressed building”? This… Read More »
Appeals Court Reinstates Bronx County Medical Malpractice Birth Injury Case
Last month, the New York court of appeals reversed the 2013 decision of a Bronx County trial judge who had dismissed a medical malpractice birth injury case based on the defendant hospital’s motion for summary judgment (judgment without a trial). The appeals court held that the plaintiff had raised sufficient questions so that there… Read More »
Injured Student Assumed the Risk of Sports Injury
The Appellate Division of the New York Supreme Court recently affirmed a trial court’s ruling dismissing a personal injury case brought by a student against a teammate, his coach and his high school for an injury he suffered in the locker room after hockey practice. The court’s March 20 ruling in Litz v. Clinton… Read More »
Property Owner Not Required to Prove Lack of Notice of Dangerous Condition in Long Island Premises Liability Case
In a premises liability case, it is essential that the injured plaintiff is able to identify the cause of the accident. This fact was driven home recently by the Supreme Court of New York, Nassau County, in a slip and fall case which occurred at an assisted living facility in Lynbrook on Long Island…. Read More »
Staten Island Judge Rules on Lack of Informed Consent in Medical Malpractice Case
Recently, Judge Minardo of the New York Supreme Court, Richmond County, ruled on a summary judgment motion in the case of James v. DeCorato. The plaintiff in this case sued her doctor for medical malpractice following a series of cosmetic surgery procedures. The judge granted the defendants’ motion for summary judgment, dismissing the case… Read More »
Long Island Judge Dismisses Plaintiff’s Dog Bite Claim
A woman who was bit in the face by an 80-pound pit bull sued the dog’s owner, but unfortunately she was unable to prove that the dog displayed any vicious tendencies or propensities, or that the owner knew or should have known of any such propensity. Because of this, the defendant dog owner was… Read More »
Is There Such a Thing as a Negligent Assault? Insurance Company Forced to Defend its Insured in NYC Personal Injury Assault Case
The Supreme Court, New York County, recently issued a ruling in the ongoing litigation in United Services Automobile Assoc. v. Iannuzzi. The plaintiff insurance company was seeking a declaratory judgment, or judicial ruling, that it had no duty to defend or indemnify its insured in an underlying personal injury case. The injury in that… Read More »
