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Published on: June 12, 2025

Court Allows Death to Be Considered Injury Under Nursing Home Law. Hauser v. Fort Hudson Nursing Ctr., Inc., 2021 NY Slip Op 07325

by Stephen Bilkis

In a case involving a nursing home resident’s death, the Appellate Division, Third Department, considered whether Public Health Law § 2801-d permits recovery when the patient dies as a result of a violation of rights. In Hauser v. Fort Hudson Nursing Ctr., Inc., the nursing home argued that the law does not allow for compensation for death under this statute. The court rejected that view and allowed the case to proceed, confirming that the statute includes death as a redressable injury.

Background Facts

Bert Dwain Butler Sr. was a resident at Fort Hudson Nursing Center, which is operated by Fort Hudson Health System, Inc. After his death, the administrator of his estate, Jennifer Hauser, brought a lawsuit against the nursing home. The complaint included several claims: violations of Public Health Law §§ 2801-d and 2803-c, negligence, gross negligence, conscious pain and suffering, and wrongful death.

Published on: June 10, 2025

Worker’s Slip and Fall in School Leads to Dismissal of Injury Lawsuit. Aljahmi v. N.Y.C. Dep’t of Educ., 2024 N.Y. Slip Op. 50227

by Stephen Bilkis

A school maintenance worker who slipped while cleaning a classroom floor sued the New York City Department of Education (DOE) for personal injuries. He argued that the DOE failed to provide a safe work environment. The court reviewed the facts and dismissed the case, holding that the accident was related to the worker’s routine duties and not caused by any violation of law or safety rule by the DOE. This case shows how courts treat injury claims that arise during routine cleaning tasks.

Background Facts

Ahmed Aljahmi worked as a part-time cleaner at William E. Grady Career and Technical Education High School in Brooklyn. He was employed by a contractor hired by the New York City Department of Education. His job included cleaning classrooms and hallways.

Published on: June 5, 2025

Building Owner May Be Held Responsible for Wet Sidewalk Slip. Backiel v. Citibank, N.A., 299 A.D.2d 504 (2d Dep’t 2002)

by Stephen Bilkis

When a property owner hires a contractor to maintain its building, it may assume that the contractor, not the owner, will be responsible for any problems caused by the work. However, in some cases, courts have ruled that owners may still be held legally responsible. One example is Backiel v. Citibank, N.A., where an office cleaner slipped on a wet walkway outside an office building owned by Citibank. Although the area was being cleaned by a contractor, the court decided that Citibank could not avoid responsibility by claiming the work had been delegated.

Background Facts

The plaintiff, Wanda Backiel, worked as an office cleaner. She was employed by Cushman & Wakefield, a company hired by Citibank to maintain its office building located at 399 Park Avenue in New York City. On September 24, 1997, Backiel completed an overnight shift and exited the building early in the morning. As she walked across the plaza in front of the lobby, she slipped and fell on a wet surface.

Published on: June 3, 2025

Slip-and-Fall Lawsuit Against UPS Revived After Ice Injury. Anderson v. United Parcel Serv., Inc., 2021 NY Slip Op 02777 (2d Dep’t)

by Stephen Bilkis

In Anderson v. United Parcel Serv., Inc., 2021 NY Slip Op 02777, the Appellate Division, Second Department, reviewed a personal injury lawsuit brought by a security guard who allegedly slipped on ice while working at a United Parcel Service (UPS) facility. The trial court had dismissed her complaint and also dismissed UPS’s third-party claims against the security guard’s employer, Adelis International Security, Inc.

Background Facts

The incident occurred at approximately 1:26 a.m. on January 1, 2011. The plaintiff, Sandra Anderson, was working as a security guard at a UPS facility in Uniondale, New York. She was employed by Adelis, which had a guard services contract with UPS.

Published on: June 3, 2025

Slip and Fall at Brooklyn Medical Building Leads to Lawsuit. Stroble v. Tes Ave U, LLC, 2020 NY Slip Op 50922(U)

by Stephen Bilkis

When someone slips and falls in a public or commercial building, questions often arise about who is responsible. In Stroble v. Tes Ave U, LLC, a woman who worked as a medical assistant was injured in a fall inside a medical building in Brooklyn. She filed a lawsuit against the building owner, the hospital leasing the space, and the companies hired to clean the building. The court had to decide whether the building owner or other companies involved were responsible for the condition that caused the fall.

Background Facts

On October 22, 2016, Robin Stroble was working as a medical assistant at a medical office located at 98 Avenue U in Brooklyn. Her employer, non-party Dr. Franco, leased space within the building. At about 11:00 AM, Stroble left the building and saw no water on the floor. She returned five minutes later, again seeing nothing unusual. At approximately 1:30 or 1:45 PM, she and a coworker left for the day. However, Stroble soon returned to the office because she had forgotten her employer’s car keys.

Published on: May 23, 2025

Construction Worker Struck by Falling Plank Allowed to Proceed with Labor Law Claim. Martinez v. Turner Constr. Co., 2018 NY Slip Op 51516(U)

by Stephen Bilkis

In Martinez v. Turner Construction Company, the Supreme Court of New York County ruled on competing motions for summary judgment in a construction accident case involving a falling plank. The court found that the injured worker established a valid claim under Labor Law § 240(1) and denied both parties’ motions regarding Labor Law § 241(6), allowing the case to continue.

Background Facts

On October 10, 2014, Bayron Martinez was working at a construction site located at the former Saint Vincent Medical Campus in Manhattan. West Village Residences, LLC owned the property, and Turner Construction Company served as the construction manager. Turner subcontracted masonry work to GEM Roofing and Waterproofing, which employed Martinez as a pointer, caulker, and cleaner.

Published on: May 21, 2025

Dog Bite Victim Allowed to Pursue Negligence Claim. Flanders v Goodfellow, 2025 NY Slip Op 02261

by Stephen Bilkis

In April 2025, the New York Court of Appeals reversed long-standing precedent by allowing a dog bite victim to pursue a negligence claim, not just a strict liability claim. Rebecca Flanders worked as a postal carrier. On December 8, 2018, she delivered a package to the home of Stephen and Michelle Goodfellow. Their mailbox was missing, so Flanders pulled into the driveway and approached the front door. She did not see any warnings about a dog on the property. As she handed the package to Stephen Goodfellow, she heard a dog approaching inside the house. The dog ran through the open door and bit her on the shoulder, causing serious injury that later required multiple surgeries.

The Goodfellows had owned the dog for several years. It weighed about 70 pounds. They had hired a trainer due to behavioral issues, including incidents where the dog dragged Michelle to the ground while on a leash. The trainer noted that the dog got into a fight with another dog but did not observe aggression toward people. According to the Goodfellows, the dog had not previously bitten or attacked anyone.

However, two other postal workers submitted sworn affidavits describing the dog’s behavior during their deliveries. Both workers stated that the dog growled, snarled, and slammed into the windows as if trying to break through. One described it as the most aggressive dog on his route. Neither had reported the behavior formally but believed the homeowners should have seen or heard it.

Published on: May 19, 2025

Worker Injured After Fall from Ladder on Home Renovation Project. Chowdhury v. Rodriguez, 57 A.D.3d 121 (2d Dep’t 2008)

by Stephen Bilkis

In Chowdhury v. Rodriguez, the Appellate Division, Second Department, considered whether a homeowner could be held liable for injuries suffered by a construction worker who fell from a ladder during a porch renovation. The court evaluated whether the worker’s claims under Labor Law §§ 200, 240(1), and 241(6) could survive summary judgment and clarified how courts should approach cases involving equipment provided by property owners.

Background Facts

Nazrul Chowdhury worked as a laborer for Williamsburg Construction. His employer had been hired to rebuild the front porches of a two-family home in Ridgewood, Queens. The property was occupied by Antonio and Judith Rodriguez, along with their family, and another tenant, Clemente Almonte. Chowdhury’s daily work included tasks like measuring and laying cement.

Published on: May 17, 2025

Landlord Liability for Dog Bite Injury on Leased Property. Strunk v. Zoltanski, 96 A.D.2d 1074 (2d Dep’t 1983)

by Stephen Bilkis

In Strunk v. Zoltanski, the Appellate Division, Second Department, addressed whether a landlord could be held legally responsible for injuries caused by a tenant’s dog. The case involved an incident where a child was bitten by a dog while on leased property. The court considered whether the landlord’s knowledge of the dog’s behavior at the time of leasing the property created a duty to prevent the injury.

Background Facts

On May 8, 1979, a child was bitten on the face and arm by a German Shepherd while visiting residential property. The dog belonged to a tenant who rented the home from the defendant, Sophie Zoltanski. The child’s mother filed a negligence lawsuit against both the tenant and the landlord. She sought compensation for her son’s injuries and for the loss of his services.

Published on: May 11, 2025

When Is a Dog Owner Liable for a Dog Bite in New York? Collier v. Zambito, 1 NY3d 444 (2004)

by Stephen Bilkis

In Collier v. Zambito, the New York Court of Appeals examined whether the owners of a family dog could be held liable for a bite injury to a child who had been invited into their home. The court focused on whether the dog showed any prior signs of vicious behavior and whether the owners had notice of such behavior.

Background Facts

On December 31, 1998, 12-year-old Matthew Collier was visiting the home of Charles and Mary Zambito. Matthew had been there before to visit their son. The Zambitos owned a mixed breed dog named Cecil. The family typically confined Cecil to the kitchen, especially when visitors were present, because the dog would bark. On the night of the incident, Matthew went downstairs to use the bathroom. When he exited the bathroom, Mrs. Zambito invited him to approach Cecil, who was on a leash.