MVA VTL §1104 Reckless
Plaintiff granted summary judgment where defendants failed to establish ambulance driver engaged in conduct privileged under VTL §1104 and was therefore not entitled to reckless standard, and failed to establish that their driver was not negligent. The Court does not give the details of the proofs. Edwards v Menzil
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Premises Liab Slip/Trip Prior Written Notice Create Condition
Municipality granted summary judgment on proof it did not receive prior written notice of the sidewalk defect as required by local law, did not affirmatively create the condition, and did not receive a benefit from a special use of the sidewalk. D. D. v Incorporated Vil. of Freeport
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Premises Liab Slip/Trip Sidewalk § 7-210 Indemnity Preexisting
Building tenant granted summary judgment dismissing building owners’ third-party complaint for contractual indemnity where lease required tenant to make only nonstructuaral repairs and defect that caused plaintiff to trip was structural. Administrative code §7-210 applies to owners, not tenants of property adjoining sidewalk. Tenants taking property “as is” have no duty to repair preexisting structural conditions. Mannapova v Aufrichtig
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Med Mal Public Health §2801-d Discovery Privilege
Plaintiff denied class action status in action alleging his mother died as result of substandard nursing care in facility as common questions of law or fact did not predominate over causation questions of proposed class members and class action was not shown as better alternative to individual lawsuit. Plaintiff’s demand for confidential health information of other residents denied but defendants required to comply with demands for documents relating to decedent’s meals, bed changing, movement, change of position, and documents related to the her care, staffing, and complaints or investigations of alleged substandard care or abuse involving the decedent.
Defendants’ failure to object to demands within CPLR 3122(a)(1) time not fatal to challenges of demands that were palpably improper. Olmann v Willoughby Rehabilitation & Health Care Ctr., LLC
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MVA Pileup Serious Injury Causation
Owner and driver of one car in multi-vehicle accident failed to eliminate all questions of fact on serious injury and liability, including whether their rear-end collision of one of the other vehicles was a cause of plaintiff’s injuries. The Court does not give the details of the proofs. Karaseva v EAN Holdings, LLC
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Malicious Prosecution Probable Cause
Bank’s motion for summary judgment of malicious prosecution claim of bank customer arrested on bank manager’s statement to the police that customer was the only signatory and remotely deposited fraudulent checks denied where questions remained on probable cause, including whether the manager “went beyond merely furnishing information” to the police, and whether the criminal case was terminated in plaintiff’s favor. Plaintiff testified he was in fact not the only person who could deposit the fraudulent checks remotely and the criminal complaint did not detail if others could use the remote scanner. The criminal charge was dismissed in plaintiff’s favor and the ADA testified that the “closed” notation on their file was the significant notation and the words “without prejudice” were not intended to preserve the right to reopen the case. Goldenberg v Capital One Natl. Assn.
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