Tossing Up Bricks: Former NY Knicks Star Loses Assault Claims (NY)
On remand, in Charles Oakley v. MSG Networks, et al., the United States District Court of the Southern District of New York granted defendants NY Knicks owner James Dolan and Madison Square Garden Co.’s motion to dismiss Charles Oakley’s claims of assault and battery. On February 8, 2017, Oakley was escorted out of his seat by MSG security guards and arrested while attending a Knicks game due...Read More
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Proof of Planted Tree Alone Does Not Create a Dangerous Condition (NJ)
It is long established precedent in New Jersey that residential landowners do not owe a duty to maintain their sidewalks for the safety of pedestrians, but commercial landowners and commercial tenants usually are bestowed a duty to maintain sidewalks for the benefit of the public. Still, a residential landowner can be liable for a sidewalk defect if the residential owner creates or...Read More
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A “Feigned Issue Of Fact” Not Sufficient To Defeat Summary Judgment (NY)
In Fonck v. City of New York, 2021 NY Slip Op 05693 (2021), while plaintiff was trying to retrieve his pliers, laying approximately five feet away from him, he allegedly tripped and fell on a concealed piece of pipe underneath plastic sheeting, causing him to fall and sustain injuries. The Supreme Court, Kings County had granted defendants’ motion for summary judgment dismissing plaintiff’s...Read More
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