The Appellate Division, First Department, decided the case of Dibrino v. Rockefeller Center North, Inc. on July 2, 2024. The case involved a construction worker who fell from a ladder on a commercial job site in Manhattan. The key question was whether the defendants violated New York Labor Law §…
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Summary Judgment Granted for Plaintiff After Construction Site Fatality. Kosta v. WDF, Inc., 2018 NY Slip Op 51306(U) (Sup. Ct. Kings County 2018)
In Kosta v. WDF, Inc., the Supreme Court of Kings County considered liability for a construction site fatality at the Owl’s Head Water Treatment Plant in Brooklyn. The plaintiff, acting as administrator of the estates of Gennaro and Donna Montello, sought damages for injuries and wrongful death caused by the…
Ladder Fall Caused by Worker’s Own Actions Did Not Support Labor Law § 240(1) Claim Blake v. Neighborhood Housing Services, N.Y. City, 1 N.Y.3d 280 (2003)
In Blake v. Neighborhood Housing Services, N.Y. City, the New York Court of Appeals addressed whether a worker injured while using a ladder could recover under Labor Law § 240(1) when the ladder provided proper protection and the worker’s own actions were the only cause of the fall. This case…
Court Dismissed Case After Plaintiff Gave Wrong Date in Notice of Claim Garland v City of New York, 2025 NY Slip Op 01991
In Garland v City of New York, 2025 NY Slip Op 01991, the Appellate Division, Second Department, reviewed whether a lawsuit could go forward when the plaintiff gave the wrong date of the alleged injury in the required notice of claim. The case involved a person who said she was…
Court Ordered MTA Bus Company to Provide GPS Data in Injury Case Smith-Percival v MTA Bus Co., 2024 NY Slip Op 06000
The case of Smith-Percival v MTA Bus Co., 2024 NY Slip Op 06000, focused on whether certain discovery requests should be enforced in a personal injury lawsuit. While the claim centered on an injury suffered by a passenger, the legal issue before the Appellate Division, Second Department, was about the…
False arrest claim based on complaint by estranged spouse. Masciello v. Inc. Vill. of Lloyd Harbor, 140 A.D.3d 834 (N.Y. App. Div. 2016)
In an action to recover damages for false arrest and malicious prosecution, the plaintiff in Masciello v. Inc. Vill. of Lloyd Harbor, 140 A.D.3d 834 (N.Y. App. Div. 2016) challenged an order from the New York Supreme Court that granted summary judgment to the defendants—the Incorporated Village of Lloyd Harbor,…
Court allowed late claims against Suffolk County for well water contamination linked to airport operations. Brooks v. Cnty. of Suffolk, 177 A.D.3d 969 (N.Y. App. Div. 2019)
In a case involving claims of water contamination, the Supreme Court of Suffolk County faced the question of whether to grant a late notice of claim against a public entity. This case centered on residents whose well water was allegedly contaminated due to the County of Suffolk’s operation of Gabreski…
Court allowed late notice of claim after trip-and-fall injury at school due to timely knowledge. Messick v. Greenwood Lake Union Free Sch. Dist., 84 N.Y.S.3d 215 (N.Y. App. Div. 2018)
In a legal dispute involving a trip-and-fall incident at Greenwood Lake Middle School, a petitioner sought permission to file a late notice of claim against the school district. The issue centered on whether the delay in filing caused prejudice to the school district and if the petitioner had demonstrated sufficient…
Petition to file late notice of claim against NYC denied due to insufficient evidence. Lobos v. City of New York, 219 A.D.3d 720 (N.Y. App. Div. 2023)
The case arose from injuries sustained during a car accident allegedly caused by a high-speed police chase. The incident occurred on April 1, 2021. The petitioners were injured in a car accident when their vehicle was struck by a Mercedes that ran a red light. According to the petitioners, the Mercedes…
Court allowed late claims against Suffolk County for water contamination linked to airport chemicals. Brooks v. Cnty. of Suffolk, 177 A.D.3d 969 (N.Y. App. Div. 2019)
In cases involving claims against public entities in New York, adhering to procedural requirements is critical. The case involving petitioners who sought to file late notices of claim against Suffolk County highlights these requirements. The petitioners alleged contamination of their drinking water due to chemicals originating from firefighting foam used…