Premises Liab Slip/Trip Snow/Ice Prior Written Notice Create Condition
 Town’s motion for summary judgment claiming it did not have prior written notice of icy condition on asphalt track in park denied where it showed it did not receive prior written notice but failed to show it did not create condition without addressing allegations in Notice of Claim, Complaint, and BP that it piled snow/ice on side of track which melted and froze on track. Kabia v Town of Yorktown
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Labor Law §240 Labor Law §200 Sole Cause Safety Devices Control Indemnity
Plaintiff who fell from scaffold granted summary judgment on Labor Law §240(1) where he was not provided with a safety line or other safety devices and high school failed to raise an issue on whether he was sole cause of the accident. School’s motion for summary judgment on Labor Law §200 denied as it failed to show its representative who was often at the site did not have authority to control work where representative testified that they would urge subcontractors to comply with safety regulations. Motion for summary judgment on contractual indemnity denied for question of defendant’s own negligence. Roblero v Bais Ruchel High Sch., Inc.
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Premises Liab Elevator Duty Espinal Conclusory
 Elevator company entitled to summary judgment on proof it did not have contract with owner and could not have entirely displaced owner’s duty. Owner’s motion for summary judgment denied where president was unable to say if there was a contract for the maintenance of the elevator or if the elevator was ever inspected. ‘A conclusory affidavit or an affidavit by an individual without personal knowledge of the facts does not establish the proponent’s prima facie burden.’ Plaintiff’s motion for summary judgment denied. Saunders v J.P.Z. Realty, LLC
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Premises Liab Slip/Trip Sidewalk Prior Written Notice Big Apple Pothole NYC
Plaintiffs’ motion for summary judgment denied on questions of fact as to exact location where he fell and whether area was depicted on the Big Apple pothole map submitted to the Department of Transportation. Arutyunov v City of New York
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Vacate Default Compel Acceptance Sanctions
County’s second motion to vacate default in answering granted where it misconstrued court’s original directive to serve Answer by personal service, having served it by mail, making its failure to Answer not willful and County showed meritorious defense. County’s unexplained 2-month delay in seeking to again vacate the default, until just days before the inquest, warranted $250 sanction. Moorer v County of Nassau
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MVA Turning Vehicle
Tractor-trailer granted summary judgment on proof the front driver side of car plaintiff was a passenger in as it pulled out from parking spot struck the right rear tire of the tractor-trailer, establishing as a matter of law that the tractor-trailer was not at fault and was consistent with photographs showing impact damage to driver front, not side, of the car. There was 1-dissent. Nunez v Nunez
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Premises Liab Negligent Supervision Causation
School granted summary judgment on proof that groundcover and monkey bars infant plaintiff fell from were not defective and were properly maintained, that they provided adequate supervision, and that their supervision was not proximate cause of infant plaintiff’s fall. Plaintiff failed to raise an issue in opposition. The court does not give the details of the proofs. I.S. v City of New York
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Serious Injury Preexisting ROM Expert Aff Raised For First Time
Defendants made out prima facie entitlement to summary judgment for both plaintiffs on competent medical proof showing normal ROM and radiology reports opining that injuries were pre-existing. Treating orthopedist’s affirmation for 1-plaintiff raised issue on opinion that knee injury was not visible on her prior MRI and that goniometer showed 33% loss of ROM. Plaintiffs failed to raise issue as to other plaintiff’s wrist injury. Defendants’ gap in treatment argument raised for first time in reply was not considered. Diaz-Montez v JEA Bus Co., Inc.
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Serious Injury Expert Aff
Plaintiff raised issue of fact in opposition to defendants’ showing of entitlement to summary judgment on serious injury. Defendants’ expert’s opinion that the resolved injuries were causally related to the accident never shifted burden of proving causation or explaining any gap in treatment to plaintiff. Cortez v Nugent
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