Tag Archives: Supreme Court
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 »
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 »
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 »
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 »
NYPD Stop and Frisk Data Under Fire
Every time a New York City police officer stops and questions a person on the street, the police department Patrol Guide requires the officer to transfer the individual’s personal information to Form UF-250, the NYPD’s Stop, Question and Frisk worksheet. Since 2006, this information has been compiled into a centralized database, which according to… Read More »
Court Determines Mishandling of Teen’s Corpse Only Worth $600,000, Despite Jury’s Million-Dollar Verdict
New York Public Health Law provides that every body of a deceased person is entitled to a decent burial or cremation within a reasonable time after death. Section 4215 in particular addresses the remains of a body after an autopsy dissection has been performed and requires that these remains be buried as well. In… Read More »
Strapped to a Chair and Tasered
Appeals Panel Overturns $2 Million Jury Verdict in NYC Police Excessive Force Case “The right of the people…to be secure in their persons…against unreasonable seizures, shall not be violated…” – U.S. Constitution, Fourth Amendment The test for determining whether or not the police used excessive force when taking someone into custody boils down to… Read More »
