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Recent Posts in Notice of defective condition Category

DEFENDANT LOSES SUMMARY JUDGMENT MOTION AGAINST WORKER WHO TRIPPED-AND-FELL ON BRICK UNDER PLASTIC COVERING NEWLY‑POURED CONCRETE

Court: Supreme Court, Appellate Division, Second Department, New York Case: Garry M. White v. Village of Port Chester Date: Feb. 21, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "DEFENDANT LOSES SUMMARY JUDGMENT MOTION AGAINST WORKER WHO TRIPPED-AND-FELL ON BRICK UNDER PLASTIC COVERING NEWLY‑POURED CONCRETE" »

INJURED ELEVATOR RIDER JUMPS FROM ELEVATOR, LOSES SUMMARY JUDGMENT TO NYCHA. DUE TO LACK OF NOTICE OF ELEVATOR MISLEVELING

Court: Supreme Court, Appellate Division, First Department, New York Case: Ivonne Cruz v. New York City Housing Authority Date: Feb. 28, 2012 From: New York attorney Gary E. Rosenberg (personal injury ...
Continue reading "INJURED ELEVATOR RIDER JUMPS FROM ELEVATOR, LOSES SUMMARY JUDGMENT TO NYCHA. DUE TO LACK OF NOTICE OF ELEVATOR MISLEVELING" »

BY INSPECTION REPORT N.Y.C. HAD PRIOR WRITTEN NOTICE OF DEFECTIVE CONDITION THAT CAUSED TRIP AND FALL VICTIM'S ACCIDENT

Court: Supreme Court, Appellate Division, First Department, New York Case: Anthony S. Sacco v. The City of New York Date: Feb. 16, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "BY INSPECTION REPORT N.Y.C. HAD PRIOR WRITTEN NOTICE OF DEFECTIVE CONDITION THAT CAUSED TRIP AND FALL VICTIM'S ACCIDENT" »

SLIP-AND-FALL ACCIDENT VICTIM CAN'T SUE FOR ALLEGED OIL LEAK FROM CAR; DEFENSE SUMMARY JUDGMENT GRANTED, CASE DISMISSED

Court: Supreme Court, Appellate Division, Second Department, New York. Case: Vinston Jeansimon v. David E. Lumsden Date: Feb. 7, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "SLIP-AND-FALL ACCIDENT VICTIM CAN'T SUE FOR ALLEGED OIL LEAK FROM CAR; DEFENSE SUMMARY JUDGMENT GRANTED, CASE DISMISSED" »

JETBLUE LOSES ITS MOTION FOR SUMMARY JUDGMENT TO DISMISS COMPLAINT OF AGAINST ACCIDENT VICTIM WHO FELL ON JETBRIDGE AT J.F.K. AIRPORT

Court: Supreme Court, Queens County, New York Case: Janet Alicea v. JetBlue Airways Corporation and The Port Authority of N.Y. and N.J. Date: Feb. 3, 2012 From: New York attorney Gary E. Rosenberg ...
Continue reading "JETBLUE LOSES ITS MOTION FOR SUMMARY JUDGMENT TO DISMISS COMPLAINT OF AGAINST ACCIDENT VICTIM WHO FELL ON JETBRIDGE AT J.F.K. AIRPORT" »

NO NOTICE OF TRIPPING HAZARD TO GIRL HURT AT SCHOOL; DEFENSE GRANTED SUMMARY JUDGMENT DISMISSING CASE

Court: Supreme Court, Appellate Division, Second Department, New York Case: Georgina Crawford v. Smithtown Central School District Date: Jan. 31, 2012 From: New York attorney Gary E. Rosenberg ...
Continue reading "NO NOTICE OF TRIPPING HAZARD TO GIRL HURT AT SCHOOL; DEFENSE GRANTED SUMMARY JUDGMENT DISMISSING CASE" »

PEDESTRIAN'S CASE FOR TRIP-AND-FALL ON WOOD BOARD AT CONSTRUCTION SITE DISMISSED DUE TO LACK OF NOTICE

Court: Supreme Court, Appellate Division, First Department, New York Case: Norma Crooks v. Gibraltar Contracting, Inc. Date: Feb. 2, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "PEDESTRIAN'S CASE FOR TRIP-AND-FALL ON WOOD BOARD AT CONSTRUCTION SITE DISMISSED DUE TO LACK OF NOTICE" »

EXTERIOR METAL STAIRS COLLAPSE WHILE ACCIDENT VICTIM DESCENDING; DEFENSE LOSES SUMMARY JUDGMENT MOTION, FAILS TO SHOW LACK OF NOTICE

Court: Supreme Court, Appellate Division, First Department, New York Case: John Serna v. 898 Corporation Date: Dec. 20, 2011. From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "EXTERIOR METAL STAIRS COLLAPSE WHILE ACCIDENT VICTIM DESCENDING; DEFENSE LOSES SUMMARY JUDGMENT MOTION, FAILS TO SHOW LACK OF NOTICE" »

CASE DISMISSED ON SUMMARY JUDGMENT FOR NO NOTICE; PLAINTIFF SUFFERED ELECTRIC SHOCK WALKING INTO STORE

Court: Supreme Court, Appellate Division, First Department, New York Case: Salazar v. Fives 160th LLC Date: Jan. 19, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "CASE DISMISSED ON SUMMARY JUDGMENT FOR NO NOTICE; PLAINTIFF SUFFERED ELECTRIC SHOCK WALKING INTO STORE" »

TRUCK DRIVER GETS TREE BRANCH STUCK IN HEAD THROUGH OPEN WINDOW; SUMMARY JUDGMENT OF DISMISSAL GRANTED TO DEFENSE

Court: Supreme Court, Suffolk County, New York Case: Austin v. Town of Southampton Date: Jan. 13, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; ...
Continue reading "TRUCK DRIVER GETS TREE BRANCH STUCK IN HEAD THROUGH OPEN WINDOW; SUMMARY JUDGMENT OF DISMISSAL GRANTED TO DEFENSE" »

CITY OF NEW YORK LOSES SUMMARY JUDGMENT IN SLIP-AND-FALL ACCIDENT CASE, FOR FAILURE TO MEET ITS BURDEN AS MOVANT

Court: Supreme Court, Appellate Division, Second Department, New York Case: Amendola v. City of New York Date: Nov. 9, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "CITY OF NEW YORK LOSES SUMMARY JUDGMENT IN SLIP-AND-FALL ACCIDENT CASE, FOR FAILURE TO MEET ITS BURDEN AS MOVANT" »

SUPERMARKET DENIED SUMMARY JUDGMENT IN SLIP-AND-FALL ACCIDENT; IT FAILED TO MEET ITS LACK OF NOTICE BURDEN AS MOVANT

Court: Supreme Court, Appellate Division, Second Department, New York Case: Santos v. 786 Flatbush Food Corp. Date: Nov. 9, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "SUPERMARKET DENIED SUMMARY JUDGMENT IN SLIP-AND-FALL ACCIDENT; IT FAILED TO MEET ITS LACK OF NOTICE BURDEN AS MOVANT" »

APARTMENT BUILDING MANAGING COMPANIES DENIED SUMMARY JUDGMENT IN INFANT (CHILD) LEAD-POISONING CASE: WORK MAY HAVE CAUSED OR WORSENED LEAD CONDITION

Court: Supreme Court, Appellate Division, First Department, New York Case: Carlucci v. the City of New York Date: Nov. 10, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "APARTMENT BUILDING MANAGING COMPANIES DENIED SUMMARY JUDGMENT IN INFANT (CHILD) LEAD-POISONING CASE: WORK MAY HAVE CAUSED OR WORSENED LEAD CONDITION" »

NO "TRIVIAL DEFECT" WHERE HEXAGONAL PAVING STONES COULD BE A "TRAP OR SNARE"; LANDLORD DENIED SUMMARY JUDGMENT

Court: Supreme Court, Appellate Division, First Department, New York Case: Valentin v. Columbia University Date: Nov. 10, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "NO "TRIVIAL DEFECT" WHERE HEXAGONAL PAVING STONES COULD BE A "TRAP OR SNARE"; LANDLORD DENIED SUMMARY JUDGMENT" »

WINDOW INSTALLER'S (DEFENSE) SUMMARY JUDGMENT FAILS WHERE IT CAN'T SHOW INSPECTION OF WORK AREA PRE-ACCIDENT

Court: Supreme Court, Appellate Division, First Department, New York Case: Arias v. Skyline Windows, Inc. Date: Nov. 3, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "WINDOW INSTALLER'S (DEFENSE) SUMMARY JUDGMENT FAILS WHERE IT CAN'T SHOW INSPECTION OF WORK AREA PRE-ACCIDENT" »

NO SHOWING THAT POTHOLE REPAIR DONE INCORRECTLY; NEW YORK CITY WINS SUMMARY JUDGMENT & CASE DISMISSAL AGAINST ACCIDENT VICTIM

Court: Supreme Court, Appellate Division, First Department, New York Case: Rosenblum v. The City of New York Date: Nov. 1, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "NO SHOWING THAT POTHOLE REPAIR DONE INCORRECTLY; NEW YORK CITY WINS SUMMARY JUDGMENT & CASE DISMISSAL AGAINST ACCIDENT VICTIM" »

SLIP-AND-FALL ACCIDENT IN LAUNDRY ROOM DISMISSED: NO "NOTICE" TO BUILDING OWNER & MANAGER; NO "DUTY OF CARE" OR "NEGLIGENT SUPERVISION" BY PARENTS

Court: Supreme Court, Appellate Division, Second Department, New York Case: Alami v. 215 East 68th Street, L.P. Date: Oct. 25, 2011 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "SLIP-AND-FALL ACCIDENT IN LAUNDRY ROOM DISMISSED: NO "NOTICE" TO BUILDING OWNER & MANAGER; NO "DUTY OF CARE" OR "NEGLIGENT SUPERVISION" BY PARENTS" »

DEFENSE DENIED SUMMARY JUDGMENT DISMISSALS IN BUILDING ACCIDENT CASE; DECISION GIVES NO CLUE GIVEN AS TO NATURE OF DEFECT THAT CAUSED ACCIDENT

Court: Supreme Court, Appellate Division, Second Department, New York Case: Healy v. Bartolomei Date: Sept. 27, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney ...
Continue reading "DEFENSE DENIED SUMMARY JUDGMENT DISMISSALS IN BUILDING ACCIDENT CASE; DECISION GIVES NO CLUE GIVEN AS TO NATURE OF DEFECT THAT CAUSED ACCIDENT" »

PRIOR WRITTEN NOTICE RULE STRICTLY APPLIED AGAINST TOWN OF OYSTER BAY WHERE TRIP-AND-FALL ACCIDENT ON FLOATING WOODEN DOCK

Court: Supreme Court, Appellate Division, Second Department, New York Case: Lagrasta v. Town of Oyster Bay Date: Oct. 4, 2011. From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "PRIOR WRITTEN NOTICE RULE STRICTLY APPLIED AGAINST TOWN OF OYSTER BAY WHERE TRIP-AND-FALL ACCIDENT ON FLOATING WOODEN DOCK" »

INJURED ACCIDENT VICTIM ACCIDENTALLY FELL ON FLOOR IN MACY'S & CAN'T SAY WHAT CAUSED FALL -- CASE DISMISSED ON SUMMARY JUDGMENT

Court: Supreme Court, Appellate Division, Second Department, New York Case: Ortiz- Tulla v. Federated Department Stores, Inc. (Macy's) Date: Oct. 4, 2011 From: New York attorney Gary E. Rosenberg ...
Continue reading "INJURED ACCIDENT VICTIM ACCIDENTALLY FELL ON FLOOR IN MACY'S & CAN'T SAY WHAT CAUSED FALL -- CASE DISMISSED ON SUMMARY JUDGMENT" »

NO "NOTICE" OF RAISED RUG ON FLOOR; CASE DISMISSED ON DEFENSE SUMMARY JUDGMENT MOTION

Court: Court, Appellate Division, First Department, New York Case: Vazquez v. Genovese Drug Stores, Inc. Date: Oct. 6, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "NO "NOTICE" OF RAISED RUG ON FLOOR; CASE DISMISSED ON DEFENSE SUMMARY JUDGMENT MOTION" »

NO "PRIOR WRITTEN NOTICE" OF BROKEN CURB BY PARKING LOT; TRIP-AND-FALL ACCIDENT VICTIM LOSES TO DEFENDANT VILLAGE

CITY OF NEW YORK, NOT BUILDING OWNER, RESPONSIBLE FOR INJURY IN TREE PIT; SUMMARY JUDGMENT GRANTED Court: Supreme Court, Appellate Division, Second Department, New York Case: Krausch v. Incorporated ...
Continue reading "NO "PRIOR WRITTEN NOTICE" OF BROKEN CURB BY PARKING LOT; TRIP-AND-FALL ACCIDENT VICTIM LOSES TO DEFENDANT VILLAGE" »

OLDER BIG APPLE POTHOLE MAP BEATS NEWER MAP; VICTIM OF TRIP-AND-FALL SIDEWALK ACCIDENT LOSES TO NEW YORK CITY--NO "PRIOR WRITTEN NOTICE"

Court: Supreme Court, Appellate Division, Second Department, New York Case: Adamson v. City of New York Date: Sept. 27, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "OLDER BIG APPLE POTHOLE MAP BEATS NEWER MAP; VICTIM OF TRIP-AND-FALL SIDEWALK ACCIDENT LOSES TO NEW YORK CITY--NO "PRIOR WRITTEN NOTICE"" »
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