Recent Blog Posts
New York Court Says No Liability for Village of Lake George Sidewalk Slip and Fall Without Written Notice of Defect: City of New York Law is Different
In July 2011 Virginia Koch was walking down an asphalt sidewalk in the New York Village of Lake George when she tripped and fell on an uneven, sunken portion of the sidewalk. She sued the Village for her injuries, and the municipality responded with a motion for summary judgment to dismiss the case on… Read More »
New York City Judge Tosses Dog Bite Case for Lack of Evidence
In New York, the owner of a domestic animal is strictly liable for harm caused by that animal, but only if the owner knew or should have known of the animal’s vicious propensities. In the case where a dog bites a person, knowledge of a vicious propensity can be proven if it can be… Read More »
Father’s Suit for Wrongful Death of Son in Nightclub Fight Survives Defendant’s Motion to Dismiss
On January 30,2009, Sammy DeJesus was denied entrance to Goldfingers, a “gentleman’s club” in Queens, because the bouncer determined that he was already in an intoxicated condition. The bouncer at the strip club recruited a patron at the club to help escort Mr. DeJesus outside, but a fight broke out between Mr. DeJesus and… Read More »
Court Dismisses Case Against Medical Device Maker
On December 2nd, the Supreme Court, New York County, granted summary judgment in favor of a pharmaceutical giant which was being sued for promoting the off-label use of its medical device in a way which harmed the patient. Although the manufacturer has been dismissed from the lawsuit, the case will continue against the doctors… Read More »
Court Sets Aside Jury Verdict in New York City Train Platform Injury
On December 4th, the Appellate Division of the Supreme Court of New York granted the New York Transit Authority’s motion to set aside a jury verdict which had earlier found the Authority 100% liable in negligence for causing a woman’s injuries on a train platform. In reviewing the record of the trial, the court… Read More »
Driver Who Ran Red Light in Queens Car Crash Liable to Injured Plaintiff as a Matter of Law
Earlier this month, the New York Supreme Court, Queens County, granted a partial summary judgment to the plaintiff who was injured in a motor vehicle accident that occurred back in 2013 at the intersection of Astoria Boulevard and 85th Street in East Elmhurst. The effect of the ruling in Franco v. Palmer is to… Read More »
New York Judge Dismisses Plaintiff’s Claims for False Arrest and Negligence against MTA and Metro-North
In February 2010, Roosevelt Terry was arrested for possession of explosives by Metropolitan Transit Authority (MTA) officers in front of the Metro-North station at 101 East 125th Street and Park Avenue in New York City. Based on the arrest, Terry was indicted for criminal possession of a weapon in the first degree. More than… Read More »
Cop Sues Cop in NYC Patrol Car Collision Courts Say Officer was “Merely Negligent”
An NYPD patrol car crashed into another NYPD patrol car while officers in both vehicles were responding to an emergency call. The driver of the car that was hit sued the other driver and the City of New York for the injuries he sustained in the accident. The courts threw out the case, however,… Read More »
Injured MTA Employees Lose Claim Against New York State but Win Against New York State Thruway Authority
In September the New York State Court of Claims heard a case brought by three employees of the Metropolitan Transit Authority (Metro-North) against the State of New York and the New York State Thruway Authority. The case involved a crash on the New York State Thruway that occurred in March 2009. The Metro-North employees… Read More »
New York Court Discusses the Boundaries of Premises Liability Law
A man who was chased out of a bar and shot on the street sued the man who shot him, as well as the owner of the bar and the landlord/property owner. The court dismissed the injured man’s claims against the bar under theories of dram shop liability and premises liability due to a… Read More »
