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),…

Summing Up February 2019

“Child Victims Act” Drastically Increases the Statute of Limitations for Cases of Child Sexual Abuse in NYS On January 28, 2019, the New York State Legislature passed a bill that increases the statute of limitations for cases of child sexual abuse. It applies to claims against abusers as well as private and public institutions such…

Summing Up January 2019

Insurance Company Cannot Disclaim Coverage Following Fire Deaths  In Waddy v Genessee Patrons Coop. Ins. Co., 2018 NY Slip Op 05794 (3rd Dep’t Aug. 16, 2018), the defendant had issued a homeowners insurance policy to two individuals who operated a certified respite home for the elderly and special needs adults out of their home. In…

Summing Up July 2018

Defendants’ Own Submissions Raise Triable Issues of Fact Relative to the “Serious Injury” Threshold In Monterro v. Klein and Erie County Water Authority, 2018 NY Slip Op 03002 (4th Dept. April 27, 2018), the plaintiff brought an action against the defendant for injuries sustained in a motor vehicle accident.  Defendant moved for summary judgment on…

Summing Up May 2018

Undefined Policy Term Leads to Summary Judgment for Plaintiffs In Smith v Safeco Ins. Co. of Am., 2018 NY Slip Op 02055 (4th Dep’t Mar. 23, 2018), the plaintiffs brought suit seeking to recover insurance proceeds after their home was damaged by water following a water main break on their street.  In their amended complaint,…

Summing Up March 2018

Appellate Division Reverses a Finding of Liability Pursuant to Labor Law §240(1) in a Case Involving a Fall from a Ladder. In Bonczar v. American Multi-Cinema Inc., et al, (4th Dept., February 2, 2018), the plaintiff commenced a personal injury action for injuries he alleged to have sustained after falling from a ladder in the lobby…