Wrongful Death Pain/Suffering Expert Aff Conclusory
 The lower court’s grant of summary judgment to defendant dismissing the conscious pain and suffering claim was reversed for defendant’s failure to meet its initial burden. The affidavit of their expert doctor did not indicate the doctor’s skill, training, knowledge or experience to render the opinions other than to say that he/she was licensed in New York and a consultant in forensic medicine. The opinions were based on the vitals and observations in the hospital record at the time that the decedent was brought to the hospital and failed to explain how those findings led to the opinion that the decedent died immediately without suffering conscious pain before her death. Denial of summary judgment for wrongful death pecuniary harm was upheld. Mazella v Hauser
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Premises Liab Slippery Stairs Dangerous Condition Expert Aff Conclusory
The court found as a matter of law that the stairs, which had been painted every year for 35 years without stripping the prior paint or applying slip-resistant material, was not a “dangerous condition.” Plaintiff’s expert’s affidavit claiming that the paint made the stairway inherently slippery and failed to meet generally accepted good practice of engineering safety was conclusory and did not raise a triable issue of fact. Martinez-Waszak v City of New York
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Attorney Fees
Outgoing attorney entitled to 30% and subsequent attorney entitled to 70% of contingency fee. Outgoing attorney can elect to receive quantum meruit at time of substitution or contingency percentage at the end of the case. Where an election is not made at the time of discharge, it’s presumed that the attorney has chosen proportionate share of the contingency fee. Determination of the split of the fee based on the time spent and services rendered is within the sound discretion of the court. Ficaro v Alexander
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MVA Sole Cause
Plaintiff and codefendants, owner and driver of car plaintiff was a passenger in, were entitled to summary judgment against defendant who entered into intersection controlled by a stop sign even if defendant stopped at the stop sign since his failure to yield the right-of-way proved both negligence was and sole proximate cause. Hatton v Lara
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Defamation Privilege
WPIX entitled to summary judgment because it’s report that the police were looking for an individual regarding a rape, together with the incorrect picture of the plaintiff, was based on a report issued by the police which is entitled to absolute privilege under Civil Rights Law §74. A police investigation is an “official proceeding” under the statute and it doesn’t matter that the police included the incorrect photograph of the plaintiff. Rodriguez v Daily News, L.P.
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Expert Aff Outrageous Conduct
 Defendant, mattress retailer, and third-party defendant, delivery company, not entitled to summary judgment on claims that bedbugs were introduced into the plaintiff’s household, causing physical injuries from bug bites, where plaintiff submitted an affidavit from an entomologist. Claims of extreme and outrageous conduct were properly dismissed. Davila v Sleepy
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Serious Injury Cross Motion
Grant of summary judgment on defendant’s amended cross motion on serious injury grounds was reversed as an improper vehicle for seeking relief from a nonmoving party. Asiedu v Lieberman
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