Appeals
An illegal Polish immigrant was injured while performing construction work on the defendant’s premises. The defendant argued that he was not entitled to his lost earnings claim because he was illegal and contended that he was not disabled. The jury in a unanimous verdict in Queens County found otherwise and both the lower court and the appellate division upheld the majority of the verdict.
The Appellate Division reveresed the lower court’s decision dismissing the case against Old Navy. A man with a rifle shot and killed an employee of Old Navy while being escorted to his car by Old Navy agents. The two agents had no security training and left the plaintiff alone as they approached the car so they could get cigarettes. Old Navy had the plaintiff park in same spot every day to catch the perpetrator which also let the perpetrator know where to find the plaintiff. Whether Old Navy knew or should have known that a third person may cause harm to the plaintiff and failed to take reasonable action, and whether Old Navy increased the risk of injury were issues of facts to be decided by the jury, not the Court.
The Appellate Divsion reversed the lower court’s decision dismissing the case against the Village holding that it was an issue that required a jury determination.
The Appellate Division affirmed the Lower Court finding that summary judgment was premature and that the Workers’ Compensation Law did not bar the suit against Old Navy.
The Appellate Division reversed, reinstated the plaintiff’s complaint, and granted plaintiff partial summary judgment, holding that N.Y. R.R. Law § 21 imposed a duty of maintenance which required the railroad to maintain grade crossings in a reasonable, safe condition and that such duty was continuous, non-delegable, and not abrogated.
The Appellate Division reversed, reinstating the complaint, and held that the plaintiff, a novice horseback rider did not assume the heightened risk created by the alleged negligent conduct of the trail guides in leaving him unattended in the rear of a line of horses.
The Appellate Division affirmed the Order of the Lower Court which granted the plaintiff’s motion for a protective order pursuant to CPLR 3103 quashing his subpoena of a nonparty treating physician, with costs against the defendant.
After a trial, the Appellate Division upheld the judgment against the defendant, finding no reasonable excuse for the failure to timely vacate the default.
The Appellate Court reversed, reinstated the complaint, and held that the plaintiff demonstrated issues of material fact as to Labor Law 200 and 241(6) violations involving an unguarded excavation that collapsed while a plumber was working to fix a leaking pipe.
Appellate Division upholds jury trial verdict of $271,600 alleging failure to diagnose or treat periodontal disease. The trial court properly dismissed defendant’s defense alleging genetic predisposition as there was no evidence to support the claim. The court’s missing witness charge was proper.
The Appellate Division upheld the liability verdict against correctional facility for failing to protect inmate from being attacked by other inmates, though finding the damages of $330,000 for a broken nose excessive, reducing the award to $100,000.
Appellate Division reversed and reinstated the complaint, finding there were disputed issues of material fact as to whether the statute of limitations was tolled by defendants’ continuous treatment of a lump later diagnosed as malignant breast cancer.
Appellate Division unanimously reversed and granted plaintiff’s motion for summary judgment pursuant to Labor Law § 240 (1) after falling off a ladder that did not have proper braces to prevent movement while using a drill.
Appellate Division upholds Lower Court’s denial of a further physical examination of the infant plaintiff as defense counsel failed to demonstrate unusual or unanticipated circumstances after the filing of the note of issue.
Appellate Division reverses and holds trial court abused discretion in not granting an adjournment due to expert’s unavailability.
