|NOTEWORTHY||IF YOU MUST READ|
Building owner denied summary judgment for tenant’s injuries from fire caused by his having to use multiple extension cords where owner never upgraded electrical system built under 1930 Building Code (except in 1 apartment), because failure to upgrade given change in consumers’ use of electronic devices, including air conditioners, raised a question of fact regarding breach of duty to maintain premises in a reasonably safe condition under Multiple Dwelling L. §78. Plaintiff’s expert’s opinion sufficient even though he did not inspect premises since it was based on facts in evidence and knowledge of changed consumer needs. The 2 dissenters would have granted summary judgment based on plaintiff’s failure to show a building code violation. Daly v 9 E. 36th LLC
Plaintiff fell due to elevation related risk but foreman’s conflicting testimony raised questions of sole proximate cause, specifically the availability of adequate safety devices, whether plaintiff knew they were available and that he was supposed to use them, whether he chose for no good reason to not use them and whether had he not made that choice he would not have been injured. Valente v Lend Lease (US) Constr. LMB, Inc.
ON THE HORIZON
With only 2 cases this week it is a good time to go over some exciting changes coming to the New York Torts Weekly in the near future.
In the next few weeks we will be providing statistical analysis of the appeals reported on since the beginning of the New York Torts Weekly (1675 cases so far and continuing). This will include:
Searching for a specific topic for a motion, appeal, or in court ruling is the most powerful tool available in the New York Torts Weekly. To make this tool more useful we will be adding the following:
I hope you are finding the New York Torts Weekly helpful. It is still a work in progress so if you have any suggestions, please send them along to me at support@NYTortsWeekly.com.
Matthew J. McMahon
|MUST READS||IF YOU MUST READ|
|IF YOU MUST READ