Summing Up May 2020

Third Department Considers Coverage Issue Regarding Business Interruption Insurance In Binghamton Precast & Supply Corp. v Liberty Mut. Fire Ins. Co., 2020 NY Slip Op 02214 (3rd Dep’t Apr. 9, 2020), the plaintiff maintained business interruption insurance through defendant Liberty Mutual.  Plaintiff was a manufacturer, seller and distributor of precast concrete products.  Plaintiff’s concrete mixer…

Summing Up April 2020

Appellate Division Dismisses Complaint as Barred by the One-Year Statute of Limitations In Kessel v. Adams (4th Dept. 2020), the plaintiff, a school teacher, sought damages as a result of injuries she sustained when two of her students began fighting and the plaintiff was propelled into a locker.  The plaintiff asserted a negligence cause of…

Summing Up March 2020

Defendant Denied Summary Judgment When Its Own Submissions Create a Question of Fact In Carroll v. Willow Bend Farm, LLC, et al, (4th Dept., February 7, 2020), plaintiff alleged to have been injured following an accident which occurred while she was a passenger on a motorcycle operated by defendant Jack Moses Baker. The accident occurred…

Summing Up February 2020

Slimy By Nature In Griffin v. Anthony, et al (4th Dept., 2020), plaintiff commenced an action for injuries she sustained as a result of slipping and falling on a front porch of the home owned by the defendants. In support of plaintiff’s position, plaintiff took photographs of the porch approximately five weeks after the fall…

Summing Up January 2020

Plaintiff Survives Summary Judgment Thanks to Testimony of Neurosurgeon In Taylor v. Kelly, 2019 N.Y. App. Div. LEXIS 9243 (4th Dept. December 20, 2019), the plaintiff brought an action against the defendant for injuries she allegedly sustained when the vehicle she was driving was rear-ended by the defendant. The plaintiff claimed to have sustained injuries…

Summing Up July 2019

Plaintiff’s Premises Liability Action Dismissed Where the Alleged Dangerous Condition is Inherent and Incidental to the Nature of the Property In Preston v. Castle Pointe, LLC, et al. (4th Dept. June 7, 2019), the Executor of the decedent’s estate commenced an action seeking damages for wrongful death and conscious pain and suffering because of the…

Summing Up June 2019

Appellate Division Affirms Jury Verdict on the Issue of Liability                                                   In Douglas F. f/n/g of Alex F, an infant v. Williamsville Central School District, et al, (4th Dept., June 7, 2019), the plaintiff commenced a personal injury action for injuries sustained by his son after being struck in the head by an outward-swinging 90-pound wooden…

Summing Up May 2019

Golfer’s Motion for Summary Judgment Denied  In Krych v. Bredenberg (4th Dept., 2019), plaintiff commenced an action seeking to recover damages for injuries he sustained while he was playing a round of golf and was struck by a golf ball hit by defendant.  In affirming the lower court’s decision to deny defendant’s summary judgment motion…

Summing Up April 2019

Plaintiff Denied Summary Judgment Relative to His “Serious Injury” In Savilo v. Denner, 2019 N.Y. App. Div. LEXIS 1920, the Fourth Department reversed an order granting the plaintiff’s motion for summary judgment on the issue of serious injury as defined by Insurance Law § 5102 (d). First, the court held that the “plaintiff failed to…

Summing Up March 2019

Municipality’s Cross-Motion for Summary Judgment Deemed Premature When the Motion was Based on Materials Likely in the Plaintiff’s Possession In Beck v. City of Niagara Falls, 2019 NY Ap. Div. Lexis 10002, a premise liability action, 17-year-old Daniel J. Beck alleged injuries sustained while working as an employee of the National Maintenance Contracting Corporation (NMCC),…