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Premises Liability

Can a Parent Bind a Minor by Signing a Release of Liability?

Published September 29, 2016 |

In the case Tillayevv. Fight Factory, et al, the plaintiff (who was under 18 years of age at the time) was injured during a boxing/sparring session. The plaintiff was in the ring and stepped on an area of the mat which “sunk in” a few inches causing him to fall and break his femur. Plaintiff… read more

Size Does Matter When it Comes to Trip and Fall Cases

Published January 27, 2016 |

In Rosen v. Fifth Lenox Terrace, Association,  Judge Mendez (Supreme N.Y).  addressed a trivial defect in a trip and fall case. Plaintiff testified that she tripped over “something” on a sidewalk but did not observe what, nor could she provide details regarding the defect (for example its height or width). Defendant moved for summary judgment… read more

Size Doesn’t Matter under New York’s Oil Spill Law

Published January 27, 2016 |

On January 4, 2016, Judge Sondra K. Pardes from Supreme Court, New York County, in Guidice v. Patterson Oil, granted Plaintiffs, Joseph Guidice and Loretta Guidice’s motion for summary judgment on the issue of liability against Defendants, Patterson Oil, Patterson Energy Group, Patterson Energy, Patterson Fuel Oil Company, Inc., Petro Inc., and Petroleum Heat and… read more

City of White Plains is Not Immune from Liability for Negligent Security

Published December 2, 2015 |

For those handling security cases, Granata v. City of New York, out of the Appellate Division 2nd Dept in 2014 and the resulting motion at the Supreme Court level at 8303/2007, NYLJ 1202741786603 (Upstate New York Supreme 2015), are must reads. The Court held that the City of White Plains (“the City”) was acting in a proprietary… read more

Underage Drinking: What’s the Harm?

Published September 2, 2015 |

Many, if not most, young adults drink alcohol before their twenty-first birthday. During the summer months underage drinking is even more prominent. High school graduations and backyard barbeques present numerous opportunities for teens to consume alcohol. Parents may differ when it comes to allowing their children to drink alcohol, but in today’s litigious society it… read more

Does a Security Company Under Contract with Company have a Duty to Protect Visitors?

Published March 20, 2015 |

In order to make out a prima facie case of negligence, a plaintiff must prove: (1) that the Security Company owed him a duty of care, (2) that the Security Company breached that duty of care, and (3) that plaintiff’s injuries were proximately caused by that breach of the duty of care. See Solomon v…. read more

Brutal Blizzards: What the NY Homeowner Should Consider

Published February 15, 2015 |

For many, winter time signals holidays, snow days, sledding, and winter sports. The chilling reality is that in winter inclement weather can lead to more dangerous road conditions, delayed trains, canceled flights, and slip and falls. What should you know about a snow related injury on your property? Under New York premises liability tort law,… read more

Well Documented Inspection of Ice Free Condition Supports Summary Judgement for Landowner

Published February 15, 2015 |

The recent February 10, 2014 First Department decision of Acar v. Ecclesiastical Assistant Corporation, provided favorable law for landlords, maintenance companies and real estate management companies defending slip and fall on ice claims. The short one paragraph decision ruled that plaintiff’s expert meteorologist was speculative and this insufficient to defeat defendants summary judgment motion, due… read more

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