MVA Arbitration
 Defendants’ motion to compel arbitration of threshold arbitrability question for plaintiff-passenger’s injury claim in a Lyft vehicle ordered by his friend granted based on Lyft’s clickwrap agreement. The Court noted that there would be no question of arbitrability if the plaintiff, who had a Lyft account, had ordered the ride himself but left the issue of arbitrability based on the friend’s account to the arbitrator. Samuel v Islam ✉
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Labor Law §240 Ladder Admission
By submitting his supervisor’s testimony that he called right after the accident saying he cut his hand when his tool slipped, without saying he fell from a ladder, “plaintiff effectively adopted it as accurate,” raising a question on the credibility of his own testimony that the ladder shifted causing him to fall. Plaintiff denied summary judgment on Labor Law §240(1). Gkoumas v Lewis Constr. & Architectural Mill Work ✉
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Discovery Preexisting
Third-party Defendant’s motion to compel plaintiff to appear for a continued EBT and provide authorizations for pre-accident medical and employment records from an accident 3-years earlier providently denied where plaintiff did not allege injuries to the same body parts as in the prior accident or aggravation of the earlier injuries and he did not put his preexisting injuries in controversy where he alleged that only the injuries from the second were permanent and stopped him from working, he had returned to full-time work 7-months before the second accident and removed all claims of partial disability from the earlier accident, and did not claim loss of enjoyment of life or reduced life expectancy so as to place his overall medical condition into controversy. Martinez v Hudson Yards N. Tower Tenant LLC ✉
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Venue Untimely Reasonable Excuse
Defendant’s motion to move venue from Bronx to New York county granted where medical records from 9-providers over 7-years listed his address in Manhattan and he surrendered his license plate in Manhattan 3-days before the accident. Untimeliness of motion excusable where plaintiff repeatedly misrepresented his residence and defendant promptly moved after ascertaining his correct address. Rogers v One City Block, Inc. ✉
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IME/DME Preclusion
Plaintiff’s motion to preclude defendants from having a second orthopedic IME/DME granted, and defendants’ cross-motion to compel the IME denied, where defendants failed to show it was necessary as plaintiff’s injuries were known at the time of the first IME and there were no new injuries to different body parts or the unavailability of the IME doctor. Tedesco v Leonard ✉
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Products Liab Asbestos Causation Experts
Johnson & Johnson granted summary judgment on epidemiological studies and expert opinion that plaintiff’s peritoneal mesothelioma could not be caused by its talcum powder. Plaintiff failed to raise an issue in opposition where his epidemiology expert gave an “estimate” of his lifetime exposure to asbestos ‘by way of example’ and his pulmonologist relied on that estimate instead of calculating the lifetime exposure. Even if plaintiff set forth a scientific expression of the minimum lifetime exposure to asbestos, plaintiff failed to show his exposure levels exceeded the threshold level. Tippin v 3M Co., Alcat ✉
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Premises Liab Stairs Wet Floor Create Condition Notice Last Inspection
Defendants failed to meet burden for summary judgment dismissing plaintiff’s claim for slip and fall on clear liquid on stairs as their super’s testimony of general cleaning procedures could not establish lack or notice where he couldn’t recall if he worked that day or if the stairs were inspected that day, he testified he did not receive any prior complaints but that complaints would be made to the office and no one with personal knowledge testified to whether complaints were made to the office, and defendants failed to show they did not create the condition. Villegas v East 191 St. Hous. Dev. Fund Corp. ✉
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Premises Liab Stairs Dangerous Condition Notice Experts
Building owner granted summary judgment dismissing plaintiff’s claim for slip and fall on stairs where photographs authenticated by plaintiff and the super showed a warn marble tread that was not actionable, there was no claim of debris or a slippery substance on the stairs, and the super testified he swept the stairs 5-days and mopped them 3-days a week and there were no complaints or violations. Plaintiff’s complaint about the stairs to a prior super was too general to raise an issue on the condition she claimed caused her fall. James v Chestnut Holdings of N.Y., Inc. ✉
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Premises Liab Wet Floor Snow/Ice Storm in Progress Notice
Building granted summary judgment dismissing plaintiff’s claim for slip and fall on wet portion of marble floor in lobby not covered by carpeting or a mat on proof there was a storm in progress, it took reasonable measures by covering most of the lobby in mats, doorman monitored the condition throughout the day and would mop any wet spots, plaintiff saw no wet spots when she left the building 15-minutes earlier, and the building did not have constructive notice of the condition because the water could have been tracked in by plaintiff or a resident. General awareness the floor might become wet when it snowed or rained insufficient to give notice of the condition plaintiff slipped on. Hart v 210 W. 77 St. LLC ✉
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MVA
Access-a-ride dispatch service and its affiliate car service granted summary judgment dismissing plaintiff’s claim for injuries as she exited access-a-ride van on theory she was a third-party-beneficiary to their contract with NYCTA to provide safe paratransit services as nothing in the contract showed an intent to permit a third-party to enforce the contract or to create a duty to compensate a third-party if safe transit was not provided. Allen v New York City Tr. Auth. ✉
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