In Wettstein v. Tucker, the Appellate Division, Second Department addressed whether the two plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102(d) as a result of a motor vehicle accident. The defendant moved for summary judgment to dismiss the complaint on the ground that neither plaintiff sustained a serious injury.
Plaintiff Timothy alleged injuries to his spine...Read More
New York’s Labor Law, section 241(6), imposes a nondelegable duty upon an owner and general contractor to provide reasonable and adequate protection and safety for workers and to comply with the specific safety rules and regulations promulgated by the Commissioner of the Department of Labor. Ortega v Roman Catholic Diocese of Brooklyn is a prime example of how strict this rule is.
In that...Read More
In Calderone v Molloy College, plaintiff was a student-athlete who played for Molloy College’s soccer team. During a matchup, plaintiff took a soccer ball strike to the head and he suffered a concussion. Plaintiff stayed in the game and claimed that his injuries were exacerbated by continuing to play and brought suit against the athletic department and the referees stating that they should...Read More
In Temiz v TJX Cos, Inc., the Appellate Division parsed through the language of a trial court’s adverse inference charge, lessening the scope of the ruling to address an inappropriate consequence of the ruling- a de facto summary judgment award.
In Temiz, the plaintiff filed a personal injury lawsuit in New York County Supreme Court alleging that she fell as a result of a slippery substance on...Read More
In Ninivaggi v. County of Nassau, the 14 year old plaintiff allegedly was injured when he and a friend were playing catch with a football on the premises of an elementary school owned by the defendant Merrick Union Free School District. The injury occurred when the infant plaintiff stepped into a “depression” or “hole” on the grassy field, lost his balance, and fell....Read More
In Aupperlee v. Restaurant Depot, LLC, the Appellate Division reversed a summary judgment denial, after a jury trial, and dismissed a lawsuit after considering a legal argument raised for the first time on appeal.
On December 19, 2012, the plaintiff was a customer at Restaurant Depot when she was knocked to the floor by a U-Boat shopping cart, stacked high with items, being pushed by another...Read More
In Neiditch v. William Penn Life Ins. Co. of N.Y., the Appellate Division, Second Department, addressed the issue of when an insurance policy may be rescinded for material misrepresentation on a summary judgment motion.
The case involved a dispute over life insurance. The plaintiff was the named beneficiary under the policy and sued the insurer to recover the $1 million benefit under the life...Read More
On November 27, 2019, the Superior Court of Pennsylvania affirmed the trial court’s granting of Appellee’s motion for summary judgment in Harry Martin v. John Seedorf. The Court reaffirmed that the date of a motor vehicle accident is the start date for the statute of limitations and learning of new more serious injuries does not alter the strict two-year limit on filing negligence claims.
A Pennsylvania Superior Court recently affirmed a trial court’s decision, in Sereda v. Ctr. City Acquisitions LLC, imposing personal liability on the sole owner of a limited liability company which constructed a new house that had issues with respect to the floors and windows.
The Serenadas purchased a new house from Ctr. City Acquisitions, LLC, which, with respect to its ownership, was owned,...Read More
The New Jersey Appellate Division recently held that the New Jersey Transit Corporation (“NJT”) was entitled to the full $400 million in policy limits from its insurers for losses sustained in the wake of Superstorm Sandy, notwithstanding the presence of a $100 million flood sublimit. The case, NJ Transit v. Lloyds reaffirms numerous central tenets of insurance law which, in this case, worked...Read More