Category Archives: General Personal Injury
Trap Door Snares Potential Liability for New York City Deli Owner but Releases Building Owner
In 2011, a customer at the Ysidro Deli & Grocery in the Bronx fell into an open trap door in the floor which had been installed to make it easier to move goods to the store from the basement cellar. The injured plaintiff sued both the building owner and the store owner in the… Read More »
Elevator Trip and Fall in the Bronx Raises the Judicial Doctrine of Res Ipsa Loquitur
A Bronx woman tripped and fell in her apartment building upon entering an elevator that was misleveled with the floor. She sued the building owner (1366 White Plains Road Association, LLC) and the management company (Universal Management Agency). Those defendants, in turn, sued the elevator maintenance company (Eltech Industries, Inc.) with whom they had… Read More »
Court Rejects Plaintiff’s Notice of Claim to New York City Transit Authority in MTA Bus Accident
The Supreme Court, New York County, recently dismissed a personal injury case against the New York City Transit Authority (NYCTA) for an MTA bus accident because proper notice wasn’t given to the Transit Authority. It is important in any personal injury or wrongful death matter to know and obey the applicable rules, but in… Read More »
Court Strips Away Most of Plaintiff’s New York Labor Law Construction Accident Claims, But Leaves Enough to Go to Trial
In the case of Gilmore v. Pavarini McGovern, the Supreme Court, New York County recently ruled on the defendants’ motions for summary judgment to dismiss the plaintiff’s personal injury claims arising out of a workplace accident at a New York City construction site. The accident occurred at a work site on Fifth Avenue in… Read More »
Note to New York City Transit Authority: Don’t Forget to Bring Evidence when Trying to Defend a Slip and Fall Accident Case
In a recent decision involving the New York City Transit Authority as a defendant, the Supreme Court, New York County, decided to deny the defendant’s motion for summary judgment. A summary judgment motion allows the court to decide that there are no facts to try to a jury, and the moving party is entitled… Read More »
Zipcar Not Liable in New York City Car Crash
A two-car accident occurred on April 17, 2012 between a 2002 Nissan Altima Hybrid and a 2002 Ford Explorer on Linden Boulevard near the intersection of Linden and Church Avenue in Brooklyn. There were differing versions of who caused the accident, but the two passengers in the Altima sued both drivers for negligence in… Read More »
New York Court Rules Stepparent not “Immediate Family” for Purposes of Recovery of Emotional Distress Damages Under Zone-of-Danger Rule
Earlier this year, the Appellate Division of the Supreme Court of New York upheld the dismissal of a case brought by a woman who witnessed her stepfather’s fatal injuries after being struck by a car. The crux of the court’s ruling was that the woman could not recover because the relationship of the woman… Read More »
Plaintiff Fails to Prove Injury is a “Serious Injury” for Purposes of New York Car Accident Law
Generally speaking, New York’s no-fault insurance law limits the ability of a person injured in an auto accident to recover any compensation beyond the insurance policy limits for bodily injury, unless the person suffered a “serious injury,” in which case the injured person is entitled to sue for damages in court. Section 5102(d) of… Read More »
Judges Disagree Over Emergency Doctrine in New York Automobile Accident
The emergency doctrine relieves a person of liability for negligence (such as causing a car accident) while the person is reacting to an emergency, if the actions taken were reasonable and prudent in the context of the emergency. In order for the doctrine to apply, there must be some sudden and unforeseen emergency not… Read More »
Sidewalk Trapdoor Stairs are Not Interior Stairs, Rules Bronx Court in NYC Slip & Fall
New York City’s building code requires that “interior stairs” of buildings be kept free from obstructions, and a person injured due to obstructed stairs could sue the landlord or building owner for damages caused by the obstruction in a slip and fall. The Building Code identifies many different types of stairs, such as “interior… Read More »
