Premises Liability

Not So Slippery Slope: NJ Supreme Court Rules On Slip And Fall Snow / Ice Cases (NJ)

We previously reported a decision by the New Jersey Appellate Division in Pareja v. Princeton International Properties, which held that commercial landowners have a duty to prevent or remediate snow and ice conditions on their sidewalks even when precipitation is falling. The New Jersey Supreme Court, in a landmark decision, has reversed the Appellate Division and has held that the commercial...Read More

Does a Property Owner have a Duty to Protect against a Driver who Jumps a Curb and Crashes into Their Building? (NY)

In Collins v. Delaware Ave. Enters, Inc., the Appellate Division, Second Department addressed whether the defendant was entitled to summary judgment dismissing the plaintiff’s complaint. Plaintiff brought this cause of action when a motor vehicle jumped a curb and sidewalk and crashed into a strip mall owned by the defendants. At the time of the crash, plaintiff was inside of the building when...Read More

Piano Lawsuit Dismissed – Music to the Defense’s Ears (NJ)

What do you do when the very experienced piano movers that you hired are unable to move the piano on your property? In a recent New Jersey case, the defendants were faced with that dilemma after the plaintiff was unsuccessful at moving a piano down the home’s stairwell. In Barbato v. Gallagher, the defendant homeowners noted that the piano had been moved into the home by utilizing the back...Read More

Lack Of Maintenance Records Leads To Denial Of Summary Judgment (NY)

In Smith v Montefiore Medical Center, 2021 NY Slip Op 01872 (1st Dept. 2021), the First Dept. reviewed a denial by the lower court of a defendant’s motion for summary judgment. Plaintiff alleged that he slipped and fell on dirty ice in front of the emergency room at the Montefiore Hospital. The spot of the fall was covered by a canopy. Montefiore moved for summary judgment, noting that two of...Read More

Staircase Not Defective Using Ancient Codes (NY)

In Jackson v. Bethel A.M.E, the Appellate Division, Second Department addressed whether the defendants were entitled to summary judgment on the issue of liability after the plaintiff allegedly fell while descending an exterior staircase owned by defendants Bethel A.M.E and African American Methodist Episcopal Church (“Bethel Defendants”). Bethel defendants retained co-defendant...Read More

COVID-19 Illness is a Reasonable Excuse for Default (NY)

Solomon v. Gun Hill Assoc Trust, No. 24150, 2021 WL 923114 (Bronx Cty. Sup. Ct. Feb. 26, 2021) is a personal injury case, wherein Plaintiff alleged damages after a trip-and-fall in a driveway leading to a parking lot jointly used by several businesses. Defendant Dunkin’ Donuts Franchising, LLC (“Dunkin”) previously moved for summary judgment on the grounds that – by virtue of its franchise...Read More

Take Me Out To The Muddy Ballgame (NY)

This week, we bring you a slip and fall involving a softball game in Smithtown, NY. In Chiaramonte v. Town of Smithtown, 2021 NY Slip Op 01244 (2d Dept. 2021), defendants were granted summary judgment dismissal of all claims for a plaintiff who slipped and fell on muddy field conditions while she was playing a charity softball game organized by defendants. The defendants won dismissal by...Read More

Saw You Slipping In The Lobby (It Wasn’t Me) (NY)

Kwan v. Confucius Plaza Tenants, et al, No. 154794/2015, 2021 WL 419041 (NY Cty. Sup. Ct. Feb. 5, 2021) is a personal injury case, wherein Plaintiff alleged damages after a slip-and-fall in the lobby of her residential premises, which was owned and managed by defendants. Kwan was decided on summary judgment in favor of defendants, who were able to prove: “It wasn’t me.” How? Surveillance...Read More

Plaintiff Escapes Snare of Pennsylvania’s Choice of Ways Doctrine at Summary Judgment

In Snair v. Speedway LLC, the United States District Court for the Western District of Pennsylvania addressed whether the defendant was entitled to summary judgment on the issue of liability after the plaintiff slipped on a patch of snow and ice while refueling a delivery truck. Under the facts of the case, the plaintiff was refueling a delivery truck when he went to retrieve some paperwork...Read More

No Good Deed Goes Unpunished In A Snow Storm (NY)

The case of Edwin  Coreano v 983 Tenants Corp., 2021 NY Slip Op 00289 (2nd Dept. 2021) involves a slip and fall on a stairway during an ongoing snowstorm. After discovery was complete, the defendant building owner moved for summary judgment arguing that he should not be held liable under the “storm in progress” rule. The trial court denied the summary judgment and defendant appealed to the...Read More