Fourth Department Reaffirms the Role of a Jury in Negligence Actions Upholding the Verdict Dismissing a Plaintiff’s Complaint in a Rear End Collision In Senycia v. Vosseler, et al. (CA 21-01596), the plaintiff, who was passenger in the defendant Nagy’s vehicle appealed the judgment of a jury who rendered a verdict in favor of the…
Fourth Department Upholds Dismissal of Claim against Town due to Plaintiff’s Failure to Comply with General Municipal Law Requirements In Lee Fang v. Town of Amherst, Amherst Highway Dept. (CA 22-01408), the pro se plaintiff appealed the Supreme Court’s order granting the Town of Amherst’s cross-motion for summary judgment dismissing the amended complaint. On appeal,…
eThe Court of Appeals Continued the Primary Assumption of Risk Doctrine in Companion Decisions About Sports The Court continued the doctrine because “athletic and recreative activities possess enormous social value, even while they involve significantly high-end risks,” and has “employed the notion that these risks may be voluntarily assumed to preserve these beneficial pursuits as…
Fourth Department Affirms Summary Judgment Motion Under Prior Written Notice Defense In Coffey v. City of Corning, the Fourth Department reversed a summary judgment motion made by the defendant which was denied at the trial court level. In this case, the plaintiff brought a negligence action against the City of Corning after she slipped and…