Malpractice CPLR § 3126 Note of Issue Discovery Willful/Contumacious
 Plaintiff’s motion to extend his time to file the Note of Issue denied and Defendant’s motion to strike the Complaint for failure to provide discovery and file the Note of Issue granted where plaintiff’s willful/contumacious failure to provide all authorizations required in 4-discovery orders and to timely file the Note of Issue can be inferred from his repeated failure to comply without an adequate excuse. Taglianetti v Bay Ridge Med. Imaging, P.C. ✉
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MVA Bus Emergency Doctrine Comparative Fault NYC
 NYC’s motion to extend its time to move for summary judgment motion granted on good cause where plaintiff sought summary judgment on both liability and comparative fault but NYC denied summary judgment even though it showed driver of vehicle that school bus collided with was solely at fault for the initial impact by entering the bus’s lane when unsafe without proof the bus driver reacted reasonably in response to the emergency situation. Plaintiff failed to show bus driver was negligent as a matter of law. Lewinski v City of New York ✉
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Premises Liab Wet Floor Open/Obvious Inherently Dangerous Warnings Survelliance Video
Fast food restaurant denied summary judgment dismissing customer’s claim for slip and fall on wet floor where it failed to show the condition was open/obvious and not inherently dangerous by surveillance video that showed its employee mopped the aisle where plaintiff slipped shortly before the fall, the condition was not plainly visible on the video, and plaintiff testified she did not see the employee mop the floor or any water on the floor before she fell. Employee’s testimony she placed a sign near where plaintiff fell did not prove adequate warning where the video showed only 1-sign a significant distance from the area and plaintiff testified she did not see a sign near where she fell. Hoffman v Dean C Ltd Partnership ✉
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Labor Law §240 Ladder Falling Object Sole Cause Hearsay Experts Speculation
Worker who fell 10’-12’ when ductwork he was cutting in ceiling fell on him as he stood on an A-frame ladder, causing him and the ladder to tip and fall, granted summary judgment on Labor Law §240(1) as he was involved in demolition and renovation work. Accident reports claiming plaintiff lost his balance failed to raise an issue on sole cause where not corroborated by sworn testimony and the declarants were not identified. Defense expert’s opinion was speculative where expert did not examine the ladder, ductwork, or room and claim that if the ladder fell it was due to plaintiff’s negligence was mere conjecture. Rivera v 712 Fifth Ave. Owner LP ✉
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Child Victims Act Foreseeability
Nature center granted summary judgment dismissing Child Victims Act claims for sexual abuse of plaintiff by its employee’s child between 1990-1996 on proof it ‘had no notice of the same or similar criminal activity occurring at a location sufficiently proximate to the subject premises,’ establishing the conduct for not foreseeable. The Court does not give the details of the proofs. Lazarus v Wildlife Preserves, Inc. ✉
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Premises Liab Sidewalk Snow/Ice Storm in Progress Uncertified Records
Defendants failed to meet burden for summary judgment dismissing claim for fall on snow/ice on abutting sidewalk by uncertified climatological records and plaintiff’s testimony which left questions of whether there was a storm in progress at the time of the accident. The Court does not give the details of the proofs. Ahmed v Fulton Nostrand, LLC ✉
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