| MUST READS (3 summaries) | |||
| NOTEWORTHY | IF YOU MUST READ | ||
 Court grants leave to appeal summary judgment on default in the interest of justice where plaintiff filed opposition papers 1-month before court denied to so order 3rd stipulation extending motion as plaintiff thought he was filing papers timely and defendants were not prejudices as they agreed to the extension.Court found defendants failed to meet burden where testimony raised issues of whether they reasonably placed wet floor signs, which according to plaintiff were on a dry floor more than 50’ before hall he fell in and 6’ beyond his fall but laid flat against wall. Zubillaga v Findlay Teller Hous. Dev. Fund Corp. ✉ |
 City of New Rochelle failed to meet burden for summary judgment on qualified immunity for highway design, where pedestrian was struck in crosswalk by vehicle turning from turn lane without separate turn signal, without proof decision not to include left-turn signal was warranted based on study that considered and passed on that very same risk. The defendant also failed to show lack of causation. Rosado v City of New Rochelle ✉ |
| Plaintiff assumed the risks of cracks in surface of basketball court that caused his fall as they were open/obvious. One justice concurred “under constraint” of prior precedent expressing opinion that assumption of risk is not a license to allow a recreational facility to deteriorate to a “neglectful state of repair.” Cruz v City of New York ✉ |
| NOTEWORTHY (5 summaries) | |||
| MUST READS | IF YOU MUST READ | ||
| Tenant and building owner who hired plaintiff’s employer to install sign in raised soffit in preparation for tenant moving in failed to meet burden of showing worker was not involved in “altering” the building for Labor Law §240(1) or “construction” as defined by the industrial code on §241(6) claim where 6’-8’ section of soffit dropped 15’ to ground while plaintiff was inside connecting nuts to bolts passed through drilled holes by coworker on outside of soffit in order to install 2’-3’ plexiglass/aluminum letters. Building owner also failed to meet burden for summary judgment on Labor Law §200 and negligence without proof it lacked notice of the condition as there was a claimed premises defect. Alberici v Gold Medal Gymnastics ✉ Comment: Lower court granted tenant summary judgment, inter alia, on ground it was not an owner or occupier at time of the accident and did contract for installation of the light. This issue was not addressed in the appellate decision. |
| NYCTA’s motion to set aside verdict finding it 100% liable for 12-year-old’s slip on puddle on subway platform and awarding $200,000/$400,000 past/future pain/suffering for 56 years denied where based on fair interpretation of evidence and award did not materially deviate from reasonable compensation. Negligence and proximate cause were not inextricably interwoven, justifying finding of comparative negligence without causation. Olive v New York City Tr. Auth. ✉ |
| Grocery store defendant’s cross-motion to dismiss Complaint or for summary judgment on claim it did not control or occupy staircase plaintiff fell on in next-door restaurant denied where its evidence suggested a connection between the 2-tenants and grocery store had certain privileges under restaurant’s lease. Francisco v Kiara Foods, Inc. ✉ |
| Building management agent granted summary judgment where plaintiff tripped on broken tile in courtyard where he worked as doorman as independent contractor only has duty to correct a condition it did not create if it has complete and exclusive control of the premises under Espinal. Under its contract, it was only required to “assist and advise” with all repairs made by the building’s employees. Cacciuottolo v Brown Harris Stevens Mgt. ✉ |
| Defendants failed to meet burden for summary judgment on serious injury by competent medical evidence where IME doctor found significant limited ROM, and on causation. Reddick v Hickey ✉ |
| IF YOU MUST READ (0 summaries) | |||
| MUST READS | NOTEWORTHY | ||