Recent Posts in Notice of defective condition Category
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Church Not Liable To Senior Citizen Injured By Collapse Of Folding Table Set Up By Senior Citizen's Club Volunteer
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: Curtis Harry v. Roman Catholic Diocese of Brooklyn Date: Aug. 1, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens injury attorney ) ************************************************** RELATED POSTS: EXTERIOR METAL STAIRS COLLAPSE WHILE ...
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Defense Summary Judgment Motion Denied in Case of Woman Who Lost Her Finger Tip Due to Defective Chair in Restaurant
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Queens County, New York. Case: Rhee v. DJ's International Buffet Date: Aug. 21, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving the Bronx and Queens; Queens injury lawyer ) ************************************************** RELATED POSTS: Amputation Injuries HOMEOWNERS CAN'T BE SUED FOR ACCIDENT CAUSED BY DRUNK DRIVER ...
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SUMMARY JUDGMENT DENIED TO DEFENDANT WHERE ISSUE OF FACT IF IT HAD NOTICE OF SAND BY OUTSIDE STAIRS OF SCHOOL
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, First Department, New York Case: Norma Iris Maldonado v. The City of New York Date: March 1, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury attorney ) ************************************************** RELATED POSTS: DEFENDANT LOSES SUMMARY JUDGMENT MOTION AGAINST WORKER WHO ...
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DEFENDANTS GRANTED SUMMARY JUDGMENT OF DISMISSAL WHERE NO NOTICE OF BENT "LIP" ON EDGE OF METAL MOLDING SURROUNDING ACCESS DOOR OVER WHICH PLAINTIFF TRIPPED AND FELL
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, First Department, New York Case: Patrice Miki v. 335 Madison Avenue, LLC Date: March 1, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident attorney ) ************************************************** RELATED POSTS: CASE DISMISSED ON SUMMARY JUDGMENT FOR NO NOTICE; PLAINTIFF ...
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OWNER'S SUMMARY JUDGMENT DENIED WHERE CELLAR DOORS COLLAPSED BENEATH ACCIDENT VICTIM: OWNER DIDN'T SHOW DEFECTIVE CONDITION WASN'T STRUCTURAL DEFECT, FACT ISSUE REMAINS AS TO NOTICE
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, First Department, New York Case: Modesta Brignoni v. 601 West 162 Associates, L.P. Date: March 1, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury lawyer ) ************************************************** RELATED POSTS: SUMMARY JUDGMENT DENIED TO PEDESTRIANS INJURED BY ...
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SUMMARY JUDGMENT DENIED TO PEDESTRIANS INJURED BY COLLAPSING SIDEWALK SHED; ISSUE OF FACT IF IT WAS PROPERLY BUILT; N.Y.C. GRANTED SUMMARY JUDGMENT BECAUSE NO PRIOR WRITTEN NOTICE
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, First Department, New York Case: Ingram Batts v. City of New York Date: March 1, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident lawyer ) ************************************************** RELATED POSTS: MACY'S CUSTOMER SITTING ON FOLDING CHAIR THAT SUDDENLY BROKE LOSES TO ...
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MACY'S CUSTOMER SITTING ON FOLDING CHAIR THAT SUDDENLY BROKE LOSES TO DEFENSE SUMMARY JUDGMENT MOTION: NO NOTICE TO STORE OF PROBLEM WITH CHAIR
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: John Quinones v. Federated Department Stores, Inc. Date: Feb. 28, 2012 From: New York attorney Gary E. Rosenberg ************************************************** RELATED POSTS: INJURED ELEVATOR RIDER JUMPS FROM ELEVATOR, LOSES SUMMARY JUDGMENT TO NYCHA. DUE TO LACK OF NOTICE OF ELEVATOR MISLEVELING ( Posted by Brooklyn ...
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DEFENDANT LOSES SUMMARY JUDGMENT MOTION AGAINST WORKER WHO TRIPPED-AND-FELL ON BRICK UNDER PLASTIC COVERING NEWLY‑POURED CONCRETE
Posted By Gary E. RosenbergContinue Reading
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 accident attorney and lawyer; serving Bronx and Queens; Queens accident lawyer ) ************************************************** RELATED POSTS: WORKER WHO TRIPPED OVER HOSE AT RAILROAD CAR REPAIR ...
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INJURED ELEVATOR RIDER JUMPS FROM ELEVATOR, LOSES SUMMARY JUDGMENT TO NYCHA. DUE TO LACK OF NOTICE OF ELEVATOR MISLEVELING
Posted By Gary E. RosenbergContinue Reading
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 and accident attorney and lawyer; serving Queens; Queens accident lawyer ) ************************************************** RELATED POSTS: SLIP-AND-FALL ACCIDENT IN LAUNDRY ROOM DISMISSED: NO ...
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BY INSPECTION REPORT N.Y.C. HAD PRIOR WRITTEN NOTICE OF DEFECTIVE CONDITION THAT CAUSED TRIP AND FALL VICTIM'S ACCIDENT
Posted By Gary E. RosenbergContinue Reading
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 accident attorney and lawyer; serving Queens; Queens accident attorney ) ************************************************** RELATED POSTS: PRIOR WRITTEN NOTICE RULE STRICTLY APPLIED AGAINST TOWN OF ...
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SLIP-AND-FALL ACCIDENT VICTIM CAN'T SUE FOR ALLEGED OIL LEAK FROM CAR; DEFENSE SUMMARY JUDGMENT GRANTED, CASE DISMISSED
Posted By Gary E. RosenbergContinue Reading
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 accident attorney and lawyer; serving Queens; Queens accident lawyer ) ************************************************** RELATED POSTS: PEDESTRIAN'S CASE FOR TRIP-AND-FALL ON WOOD BOARD AT CONSTRUCTION ...
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JETBLUE LOSES ITS MOTION FOR SUMMARY JUDGMENT TO DISMISS COMPLAINT OF AGAINST ACCIDENT VICTIM WHO FELL ON JETBRIDGE AT J.F.K. AIRPORT
Posted By Gary E. RosenbergContinue Reading
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 (personal injury and accident attorney and lawyer; serving Queens; Queens injury attorney ) ************************************************** RELATED POSTS: SUPERMARKET DENIED SUMMARY JUDGMENT IN ...
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NO NOTICE OF TRIPPING HAZARD TO GIRL HURT AT SCHOOL; DEFENSE GRANTED SUMMARY JUDGMENT DISMISSING CASE
Posted By Gary E. RosenbergContinue Reading
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 (personal injury and accident attorney and lawyer; serving Queens; Queens accident attorney) ************************************************** RELATED POSTS: SLIP-AND-FALL ACCIDENT IN LAUNDRY ROOM ...
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PEDESTRIAN'S CASE FOR TRIP-AND-FALL ON WOOD BOARD AT CONSTRUCTION SITE DISMISSED DUE TO LACK OF NOTICE
Posted By Gary E. RosenbergContinue Reading
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 accident attorney and lawyer; serving Queens; Queens injury lawyer ) ************************************************** RELATED POSTS: CASE DISMISSED ON SUMMARY JUDGMENT FOR NO NOTICE; PLAINTIFF ...
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EXTERIOR METAL STAIRS COLLAPSE WHILE ACCIDENT VICTIM DESCENDING; DEFENSE LOSES SUMMARY JUDGMENT MOTION, FAILS TO SHOW LACK OF NOTICE
Posted By Gary E. RosenbergContinue Reading
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 attorney and lawyer; serving Queens; Queens injury lawyer ) ************************************************** RELATED POSTS: SLIP-AND-FALL ACCIDENT IN LAUNDRY ROOM DISMISSED: NO "NOTICE" TO BUILDING ...
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CASE DISMISSED ON SUMMARY JUDGMENT FOR NO NOTICE; PLAINTIFF SUFFERED ELECTRIC SHOCK WALKING INTO STORE
Posted By Gary E. RosenbergContinue Reading
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 attorney and lawyer; serving Bronx Queens; Queens injury attorney ) Comment: This case presents an old problem in the negligence world. If a plaintiff can=t show the reason for the accident plus that the ...
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TRUCK DRIVER GETS TREE BRANCH STUCK IN HEAD THROUGH OPEN WINDOW; SUMMARY JUDGMENT OF DISMISSAL GRANTED TO DEFENSE
Posted By Gary E. RosenbergContinue Reading
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; serving Queens; Queens injury lawyer) Comment: Accident victim was driving a big truck with an open window and, somehow, got a tree branch stuck into his forehead. Accident victim sues the Town and ...
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CITY OF NEW YORK LOSES SUMMARY JUDGMENT IN SLIP-AND-FALL ACCIDENT CASE, FOR FAILURE TO MEET ITS BURDEN AS MOVANT
Posted By Gary E. RosenbergContinue Reading
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 attorney and lawyer; serving Queens; Queens injury attorney ) Comment: Today's blog post has the same "teaching point" as yesterday's: The party asking the court for summary judgment must make a ...
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SUPERMARKET DENIED SUMMARY JUDGMENT IN SLIP-AND-FALL ACCIDENT; IT FAILED TO MEET ITS LACK OF NOTICE BURDEN AS MOVANT
Posted By Gary E. RosenbergContinue Reading
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 attorney and lawyer; serving Bronx and Queens; Queens accident attorney ) Comment: Supermarket slip-and-fall cases almost always turn on the question of "notice" against the store. Here the accident ...
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APARTMENT BUILDING MANAGING COMPANIES DENIED SUMMARY JUDGMENT IN INFANT (CHILD) LEAD-POISONING CASE: WORK MAY HAVE CAUSED OR WORSENED LEAD CONDITION
Posted By Gary E. RosenbergContinue Reading
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 attorney and lawyer; serving Queens; Queens accident lawyer ) Comment: Defendants managed New York City Housing and are sued for lead poisoning of a child . Evidence shows that they removed insulation ...
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NO "TRIVIAL DEFECT" WHERE HEXAGONAL PAVING STONES COULD BE A "TRAP OR SNARE"; LANDLORD DENIED SUMMARY JUDGMENT
Posted By Gary E. RosenbergContinue Reading
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 attorney and lawyer; serving Brooklyn and Queens; Brooklyn accident attorney ) Comment: Accident occurred when she fell after catching her foot between eight-sided paving stones. Defense loses its ...
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WINDOW INSTALLER'S (DEFENSE) SUMMARY JUDGMENT FAILS WHERE IT CAN'T SHOW INSPECTION OF WORK AREA PRE-ACCIDENT
Posted By Gary E. RosenbergContinue Reading
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 attorney and lawyer; serving Queens; Queens injury attorney ) Comment: Accident victim moving a garbage bin when he tripped on broken glass and got rolled-over by the dumpster. He sued a window installer ...
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NO SHOWING THAT POTHOLE REPAIR DONE INCORRECTLY; NEW YORK CITY WINS SUMMARY JUDGMENT & CASE DISMISSAL AGAINST ACCIDENT VICTIM
Posted By Gary E. RosenbergContinue Reading
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 attorney and lawyer; serving Bronx and Queens; Queens injury lawyer ) Comment: The City of New York and other municipal agencies have special rules giving them advantages so they're difficult to sue. ...
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SLIP-AND-FALL ACCIDENT IN LAUNDRY ROOM DISMISSED: NO "NOTICE" TO BUILDING OWNER & MANAGER; NO "DUTY OF CARE" OR "NEGLIGENT SUPERVISION" BY PARENTS
Posted By Gary E. RosenbergContinue Reading
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 accident attorney and lawyer; serving Queens; Queens accident attorney ) Comment: Plaintiff hurt in an accident while working for a family on Manhattan's Upper East Side. She claims to have suffered a ...
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DEFENSE DENIED SUMMARY JUDGMENT DISMISSALS IN BUILDING ACCIDENT CASE; DECISION GIVES NO CLUE GIVEN AS TO NATURE OF DEFECT THAT CAUSED ACCIDENT
Posted By Gary E. RosenbergContinue Reading
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 and lawyer; serving Bronx and Queens; Queens injury attorney ) Comment: Landlord and tenant ask the court to dismiss this accident case on summary judgment motion. We can't tell from this opinion how ...
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