Recent Blog Posts
When does a contractor owe a duty of care to third parties injured on the premises?
Does a snow removal company owe a duty of care to third parties who use the premises after the snow has been removed? When a fire sprinkler system malfunctions and floods a commercial tenant’s leased premises, can the tenant sue the company under contract with the building’s owners to inspect the sprinkler system? When… Read More »
Second Midtown Crane Accident in Two Months Sends Seven to the Hospital, Injures Several Others
On May 31st, a four-ton heating and air-conditioning unit came crashing to the ground in the middle of Madison Avenue. Ten people were injured by the accompanying falling debris and broken glass, and seven were taken to the hospital for their injuries. The HVAC unit was being lifted by a crane and hauled to… Read More »
Bronx County Court Rules on Probable Cause Issues in Arrestee’s Civil Rights Claims
An arrest and imprisonment committed without a warrant is presumed to be unlawful, and a person so arrested may have a civil case for false imprisonment. However, law enforcement can overcome the presumption that a warrantless arrest was unlawful by showing that they had probable cause to arrest. As a recent case in the… Read More »
New York Elevator Maintenance Company May be Liable for Trip and Fall
A woman who tripped and fell due (allegedly) to a misleveled elevator sued the property owner, the landlord and the elevator company. The property owner and landlord filed motions for summary judgment on the grounds that they didn’t have any notice of a dangerous condition, and the court ruled in their favor on these… Read More »
Gym Member’s Sports Injury Claim Doesn’t Work Out
A gym member who claims she was injured during an exercise was not able to maintain her claim of negligence against the gym. The Supreme Court, Queens County, ruled in favor of the gym on its motion for summary judgment on the issue of liability in the case of Cioffi v. New York Sports… Read More »
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 »
