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Recent Posts in Trip-and-fall Category

CASE OF INJURED PLAINTIFF THROWN OUT BY TRIAL JUDGE ("DIRECTED VERDICT") BECAUSE TESTIMONY SPECULATIVE AS TO SOURCE OF SAND ON WHICH PEDESTRIAN SLIPPED

Court: Supreme Court, Appellate Division, First Department, New York Case: Jose MONTAS v. JJC CONSTRUCTION CORPORATION Date: Feb. 23, 2012 From: New York attorney Gary E. Rosenberg (personal injury ...
Continue reading "CASE OF INJURED PLAINTIFF THROWN OUT BY TRIAL JUDGE ("DIRECTED VERDICT") BECAUSE TESTIMONY SPECULATIVE AS TO SOURCE OF SAND ON WHICH PEDESTRIAN SLIPPED" »

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" »

WORKER WHO TRIPPED OVER HOSE AT RAILROAD CAR REPAIR SHOP NOT PROTECTED BY NYS LABOR LAW; SUBCONTRACTOR DENIED SUMMARY JUDGMENT ON QUESTION OF NEGLIGENCE

Court: Supreme Court, Appellate Division, Second Department, New York Case: Jose J. Sotomayer v. Metropolitan Transportation Authority Date: Feb. 21, 2012 From: New York attorney Gary E. Rosenberg ...
Continue reading "WORKER WHO TRIPPED OVER HOSE AT RAILROAD CAR REPAIR SHOP NOT PROTECTED BY NYS LABOR LAW; SUBCONTRACTOR DENIED SUMMARY JUDGMENT ON QUESTION OF NEGLIGENCE" »

CONTRACTOR NOT LIABLE TO PEDESTRIAN WHO TRIPPED AND FELL ON HOLE IN ROADWAY

Court: Supreme Court, Appellate Division, Second Department, New York Case: Carmela Gueli v. City of New York Date: Feb. 21, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "CONTRACTOR NOT LIABLE TO PEDESTRIAN WHO TRIPPED AND FELL ON HOLE IN ROADWAY" »

DEFENSE SUMMARY JUDGMENT DENIED IN TRIP-AND-FALL ACCIDENT; ISSUE OF FACT AS TO WHETHER DEFECT WAS TRIVIAL

Court: Supreme Court, Appellate Division, Second Department, New York Case: Luz Rogers v. 575 Broadway Associates, L.P. Date: Feb. 21, 2012 From: New York attorney Gary E. Rosenberg (personal injury ...
Continue reading "DEFENSE SUMMARY JUDGMENT DENIED IN TRIP-AND-FALL ACCIDENT; ISSUE OF FACT AS TO WHETHER DEFECT WAS TRIVIAL" »

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" »

PERMISSION DENIED TO FILE LATE NOTICE OF CLAIM AGAINST CITY OF NEW YORK FOR SIDEWALK ACCIDENT

Court: Supreme Court, Appellate Division, Second Department, New York Case: Khalid v. City of New York Date: Jan. 17, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "PERMISSION DENIED TO FILE LATE NOTICE OF CLAIM AGAINST CITY OF NEW YORK FOR SIDEWALK ACCIDENT" »

SLIGHTLY RAISED WOODEN FLOOR PLANK IS "TRIVIAL DEFECT"; DEFENSE SUMMARY JUDGMENT GRANTED IN TRIP-AND-FALL ACCIDENT

Court: Supreme Court, Appellate Division, Second Department, New York Case: Sokolovskaya v. Zemnovitsch Date: Nov. 15, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "SLIGHTLY RAISED WOODEN FLOOR PLANK IS "TRIVIAL DEFECT"; DEFENSE SUMMARY JUDGMENT GRANTED IN TRIP-AND-FALL ACCIDENT" »

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" »

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" »

"OPTICAL CONFUSION" CLAIM FAILS BY SUBWAY SIDEWALK; DEFENSE SUMAMRY JUDGMENT GRANTED

Summary judgment granted Court: Supreme Court, Appellate Division, First Department, New York Case: Kamps v. The New York City Transit Authority Date: Nov. 1, 2011 From: New York attorney Gary E. ...
Continue reading ""OPTICAL CONFUSION" CLAIM FAILS BY SUBWAY SIDEWALK; DEFENSE SUMAMRY JUDGMENT GRANTED" »

RAISED MANHOLE COVER IN PARKING LOT A "TRIVIAL DEFECT"; DEFENSE SUMMARY JUDGMENT MOTION GRANTED & CASE DISMISSED

Court: Supreme Court, Appellate Division, Second Department, New York Case: Schenpanski v. Promise Deli, Inc. Date: Oct. 25, 2011 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "RAISED MANHOLE COVER IN PARKING LOT A "TRIVIAL DEFECT"; DEFENSE SUMMARY JUDGMENT MOTION GRANTED & CASE DISMISSED" »
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