Recent Posts in Sidewalk Category
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Father Not Allowed to Use Children's Settlement Money to Buy Fancy House in Florida
Posted By Gary E. RosenbergContinue Reading
Case: In the Matter of the Guardianships of Dante D. R.‑M. and Dylan A M R.‑M., Infants Court: Surrogate's Court, Bronx County Date: Decided August 13, 2013 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens injury lawyer ) ************************************************** RELATED POSTS: Court Won't Allow Child's ...
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Homeowner not Liable for Defective Sidewalk
Posted By Gary E. RosenbergContinue Reading
Case: Velez v. City of New York Court: Supreme Court, Appellate Division, Second Department, New York Date: 7/25/12 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens accident attorney ) ************************************************** RELATED POSTS: Jury Verdict Dismissing Sidewalk Trip-and-Fall Case Not Against the ...
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Jury Verdict Dismissing Sidewalk Trip-and-Fall Case Not Against the Weight of the Evidence
Posted By Gary E. RosenbergContinue Reading
Case: Coma v. City of New York Court: Supreme Court, Appellate Division, Second Department, New York Date: July 18, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens injury lawyer ) ************************************************** RELATED POSTS: Sidewalk Accidents Sidewalk Trip-and-Fall Victim Denied New Trial ...
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Plaintiff Losses Summary Judgment in Sidewalk Accident; Can't Connect Contractors to Construction Work
Posted By Gary E. RosenbergContinue Reading
Case: Blech v. West Park Presbyterian Church Court: Supreme Court, Appellate Division, First Department, New York Dated: 7/10/12 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens Accident Attorney ) ************************************************** RELATED POSTS: SUMMARY JUDGMENT GRANTED TO LANDLORD AND CONTRACTOR FOR ...
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Sidewalk Trip-and-Fall Victim Denied New Trial Because Failure to Let Her Show Photographs of Defect to Jury Was "Harmless Error"
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: Geary v. Church of St. Thomas Aquinas Date: Aug. 22, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury lawyer ) ************************************************** RELATED POSTS: DEFENSE GETS NEW TRIAL WHERE JUDGE MISTAKENLY PRECLUDED DEFENSE ...
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SIDEWALK ACCIDENT CASE DISMISSED BECAUSE CONSTRUCTION ON ADJOINING PROPERTY NOT CAUSALLY RELATED TO DEFECTIVE CONDITION; NO PROXIMATE CAUSE
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, First Department, New York Case: James Wood v. The City of New York Date: September 4, 2012 From: New York attorney Gary E. Rosenberg ************************************************** RELATED POSTS: ACCIDENT VICTIM TRIPS ON FENCE SURROUNDING SIDEWALK TREE WELL; BUILDING OWNER WINS SUMMARY JUDGMENT DISMISSING CASE SUMMARY JUDGMENT GRANTED TO LANDLORD AND ...
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DEFENSE SUMMARY JUDGMENT DENIED IN STAIRWAY SLIP AND FALL WHERE QUESTION OF FACT AS TO "STORM IN PROGRESS"
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Kings County, New York Case: Janice Jefferson v. Mary Long Date: Aug. 31, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury lawyer ) ************************************************** RELATED POSTS: DEFENSE SUMMARY JUDGMENT DENIED IN SIDEWALK SNOW AND ICE SLIP-AND-FALL: DEFENSE FAILS TO SHOW LACK OF ...
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ACCIDENT VICTIM TRIPS ON FENCE SURROUNDING SIDEWALK TREE WELL; BUILDING OWNER WINS SUMMARY JUDGMENT DISMISSING CASE
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, First Department, New York Case: Combier v. City of New York Date: June 12, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident lawyer ) ************************************************** RELATED POSTS: SUMMARY JUDGMENT GRANTED TO LANDLORD AND CONTRACTOR FOR SIDEWALK TRIP AND ...
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TRIAL VERDICT AGAINST N.Y.C. UPHELD FOR PEDESTRIAN TRIP-AND-FALL INTO MANHOLE
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, First Department, New York Case: Leonard Cedano v. The City of New York Date: March 6, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Bronx and Queens; Queens injury lawyer ) ************************************************** RELATED POSTS: JURY FINDS STAIR LANDING WHERE TENANT SLIPPED AND FELL WAS ...
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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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PARK DISTRICT NOT LIABLE FOR PEDESTRIAN'S SLIP-AND-FALL INJURY ON ICE ON SIDEWALK ICE NEXT TO LAND OWNED BY DISTRICT DESPITE LAW REQUIRING LANDOWNER TO REMOVE SNOW AND ICE
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: Joyanna Marx v. Great Neck Park District Date: Feb. 28, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident attorney ) ************************************************** In an action to recover damages for personal injuries, the plaintiff ...
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CASE OF INJURED PLAINTIFF THROWN OUT BY TRIAL JUDGE ("DIRECTED VERDICT") BECAUSE TESTIMONY SPECULATIVE AS TO SOURCE OF SAND ON WHICH PEDESTRIAN SLIPPED
Posted By Gary E. RosenbergContinue Reading
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 and accident attorney and lawyer; serving Queens; Queens injury attorney ) ************************************************** RELATED POSTS: CAR ACCIDENT DEATH CASE TRIAL VERDICT OVERTURNED ON APPEAL; ...
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DEFENSE SUMMARY JUDGMENT DENIED IN SIDEWALK SNOW AND ICE SLIP-AND-FALL: DEFENSE FAILS TO SHOW LACK OF CONSTRUCTIVE NOTICE
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, First Department, New York Case: Rosa Bojovic v. Lydig Bejing Kitchen, Inc. Date: Jan. 19, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident lawyer ) ************************************************** RELATED POSTS: DEFENSE FAILS TO SUPPORT ITS SUMMARY JUDGMENT MOTION IN SNOW ...
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PLAINTIFF DOESN'T KNOW WHY SHE FELL; SIDEWALK ACCIDENT CASE AGAINST NEW YORK CITY DISMISSED
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, First Department, New York Case: Melissa Smith v. the City of New York Date: Jan. 10, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury attorney ) Comment: This case is an obvious loser. My only mystery is why the accident victim's attorney even started it. The rule is simple: ...
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TRIP-AND-FALL ACCIDENT CASE DISMISSED ON DEFENSE SUMMARY JUDGMENT MOTION FOR "TRIVIAL DEFECT"
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, First Department, New York Case: Schwartz v. Bleu Evolution Bar & Restaurant Corp. Date: Dec. 13, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury lawyer ) Comment: A short decision. And accident victim's sidewalk trip-and-fall case is dismissed on defense summary judgment ...
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PERMISSION DENIED TO FILE LATE NOTICE OF CLAIM AGAINST CITY OF NEW YORK FOR SIDEWALK ACCIDENT
Posted By Gary E. RosenbergContinue Reading
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 attorney and lawyer; serving Queens; Queens accident attorney ) Comment: Looks like accident victim's lawyer messed up . This is a sidewalk trip-and-fall case . Accident victim asked the Court for ...
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MOTION TO AMEND "NOTICE OF CLAIM" AGAINST N.Y.C. HOUSING AUTHORITY TO CHANGE THEORY OF REASON FOR SLIP-AND-FALL ACCIDENT DENIED
Posted By Gary E. RosenbergContinue Reading
Case: Donaldson v. New York City Housing Authority Court: Supreme Court, Appellate Division, First Department, New York Date: January 24, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury attorney ) Comment: This accident happened when plaintiff slipped and fell on a sidewalk outside a New York City Housing Authority ...
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"STORM IN PROGRESS" RULE APPLIED TO GRANT DEFENSE SUMMARY JUDGMENT AND DISMISS SLIP-AND-FALL ACCIDENT CASE
Posted By Gary E. RosenbergContinue Reading
Case: Ethan Rand v. Cornell University Court: Supreme Court, Appellate Division, First Department, New York Date: January 24, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury lawyer ) Comment: Plaintiff slipped and fell on snow and ice. Defense moved for summary judgment based on the "storm in progress" doctrine. ...
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ACCIDENT VICTIM WHO CAN'T SAY WHY OR WHERE SHE FELL LOSES TO DEFENSE SUMMARY JUDGMENT MOTION
Posted By Gary E. RosenbergContinue Reading
Case: Smith v. The City of New York Court: Supreme Court, Appellate Division, First Department, New York Date: January 10, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Bronx and Queens; Queens accident lawyer ) Comment: This is, unfortunately, nothing new. If an accident victim can't say what caused them to fall, they're out of court. ...
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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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"OPTICAL CONFUSION" CLAIM FAILS BY SUBWAY SIDEWALK; DEFENSE SUMMARY JUDGMENT GRANTED
Posted By Gary E. RosenbergContinue Reading
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. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens accident lawyer ) Comment: Accident victim fell on sidewalk by a subway exit. She made a claim of "optical ...
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RAISED MANHOLE COVER IN PARKING LOT A "TRIVIAL DEFECT"; DEFENSE SUMMARY JUDGMENT MOTION GRANTED & CASE DISMISSED
Posted By Gary E. RosenbergContinue Reading
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 accident attorney and lawyer; serving Queens; Queens injury attorney ) Comment: Plaintiff tripped over a raised manhole cover in a parking lot. Defense summary judgment motion is granted because, based on ...
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TRIP AND FALL ACCIDENT CASE DISMISSAL AFFIRMED ON APPEAL ON OTHER GROUNDS; DUTY WAS, YES, OWED TO PEDESTRIAN BY PARKING LOT OWNER, BUT PLAINTIFF TRIPPED ON "TRIVIAL DEFECT"
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: Milewski v. Washington Mutual, Inc. Date: Oct. 18, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens injury lawyer ) Comment: Accident victim trips and falls in a bank-parking lot. No clue given as to her injury. The lower court grants the ...
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SHE DIES IN TRIP-AND-FALL ACCIDENT ON SIDEWALK; CASE DISMISSED BECAUSE OF "TRIVIAL DEFECT"
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: Kehoe v. City of New York Date: Oct. 4, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens Bronx; Queens personal injury lawyer ) Comment: The rule of law applied here makes me angry and should make you angry too: the "trivial defect" rule. Usually, a jury gets ...
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