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Published on: April 16, 2025

Summary Judgment Granted to City After Park Injury Involving Metal Panel. K.B. v. City of Mount Vernon, 2024 NY Slip Op 04299 (App. Div. 2d Dep’t Aug. 28, 2024)

by Stephen Bilkis

In K.B. v. City of Mount Vernon, 2024 NY Slip Op 04299, the Appellate Division, Second Department addressed whether the City of Mount Vernon could be held liable for injuries allegedly caused by a defect in a public park. The infant plaintiff was injured when a hinged metal panel covering a water meter pit gave way.

Background Facts

The incident occurred in a public park owned by the City of Mount Vernon. The infant plaintiff was walking in the park when one of two hinged metal panels covering a water meter pit gave way beneath her. As a result, she allegedly suffered personal injuries.

Published on: April 11, 2025

Injury Claims Denied in Baler Machine Case Due to Modification. Cacciola v. Selco Balers, Inc., 127 F. Supp. 2d 175 (E.D.N.Y. 2001)

by Stephen Bilkis

In product liability cases, courts often examine how a product was used at the time of the accident and whether it had been changed from its original condition. In the case of Cacciola v. Selco Balers, Inc., the court had to decide whether a manufacturer could be held responsible for injuries caused by a machine that had been altered after it was sold. The court also reviewed whether the manufacturer had failed to provide proper warnings. This blog reviews how the court handled the claims, the evidence presented, and what the decision means for similar product liability claims in New York.

Background Facts

Frank Cacciola was injured on December 3, 1996, while using a baler machine at his workplace, a Pepsi Cola plant in Brooklyn, New York. The baler was used to compress cardboard boxes and had a safety feature known as an interlock switch. This switch prevented the machine from operating if the safety gate was open. On the day of the incident, the interlock switch had been disabled with wire, allowing the machine to run even when the safety gate was open.

Published on: April 3, 2025

Was General Motors Liable for the Design of the 1973 Chevrolet Malibu? Cover v. Cohen, 61 N.Y.2d 261 (1984)

by Stephen Bilkis

In Cover v. Cohen, the New York Court of Appeals reviewed whether a car manufactured by General Motors was defective under strict products liability. The case also considered whether the evidence presented at trial was proper and whether the judgment against both General Motors and the car dealer, Kinney Motors, should stand. The court’s decision clarified how post-manufacture safety standards and later modifications may be treated in a design defect claim.

Background Facts

In June 1974, Irving Cohen was operating a 1973 Chevrolet Malibu. He had purchased the vehicle from Kinney Motors in October 1972. According to Cohen, while attempting to parallel park on a Brooklyn street, he placed the car in reverse when it suddenly accelerated backward. He claimed the car would not stop despite having his foot on the brake. The car traveled 70 feet in reverse, mounted a curb, and struck a building.

Published on: March 24, 2025

State Held Liable for Wrongful Death During Attica Prison Riot. Jones v. State of New York, 33 N.Y.2d 275 (1973)

by Stephen Bilkis

In Jones v. State of New York, 33 N.Y.2d 275 (1973), the New York Court of Appeals considered whether the State could be held liable for the wrongful death of a State employee killed during the retaking of Attica Correctional Facility following a prison uprising. The case raised questions about the limits of sovereign immunity and whether the State’s conduct during an official action could give rise to liability under a theory of intentional tort.

Background Facts

Herbert W. Jones, Jr. worked for the New York State Department of Correctional Services as an accounts clerk at the Attica State Correctional Facility. His job was clerical, and he had no responsibilities involving the guarding or control of inmates. On September 9, 1971, an uprising broke out at Attica. During the disturbance, Jones was taken hostage along with other staff members.

Published on: March 14, 2025

Injury Verdict Reduced After Court Review of Pain and Suffering Awards. Young v. Tops Markets, Inc., 283 A.D.2d 923 (N.Y. App. Div. 2001)

by Stephen Bilkis

In a personal injury case arising from a workplace fall, the court addressed whether a jury’s award for pain and suffering was excessive. The plaintiff, Thomas J. Young, sustained serious injuries and sued under Labor Law § 240(1).

Background Facts

Thomas J. Young fell 18 feet while working in April 1994. He brought a lawsuit against the property owner under New York Labor Law § 240(1), which protects construction workers injured due to inadequate safety devices. In June 1998, the court granted partial summary judgment in Young’s favor on the issue of liability.

Published on: March 7, 2025

Was General Motors Liable for the Design of the 1973 Chevrolet Malibu? Cover v. Cohen, 61 N.Y.2d 261 (1984)

by Stephen Bilkis

In Cover v. Cohen, the New York Court of Appeals reviewed whether a car manufactured by General Motors was defective under strict products liability. The case also considered whether the evidence presented at trial was proper and whether the judgment against both General Motors and the car dealer, Kinney Motors, should stand. The court’s decision clarified how post-manufacture safety standards and later modifications may be treated in a design defect claim.

Background Facts

In June 1974, Irving Cohen was operating a 1973 Chevrolet Malibu. He had purchased the vehicle from Kinney Motors in October 1972. According to Cohen, while attempting to parallel park on a Brooklyn street, he placed the car in reverse when it suddenly accelerated backward. He claimed the car would not stop despite having his foot on the brake. The car traveled 70 feet in reverse, mounted a curb, and struck a building.

Published on: February 28, 2025

Worker Injured After Fall from Ladder Recovered Under Labor Law § 240(1). Dibrino v. Rockefeller Center North, Inc., 2024 NY Slip Op 03558 (1st Dept.)

by Stephen Bilkis

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 § 240(1), which requires owners and contractors to provide safety devices that protect workers from elevation-related risks.

Background Facts

Plaintiff Dominick Dibrino worked for a subcontractor named Jacobson & Company, which handled drywall and ceiling installation. The project took place on the fifth floor of a commercial property located at 1271 Avenue of the Americas. Rockefeller Center North, Inc. owned the property, and JRM Construction Management LLC served as the general contractor. JRM hired DAL Electrical Corporation as the electrical subcontractor.

Published on: February 24, 2025

Summary Judgment Granted for Plaintiff After Construction Site Fatality. Kosta v. WDF, Inc., 2018 NY Slip Op 51306(U) (Sup. Ct. Kings County 2018)

by Stephen Bilkis

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 collapse of a conveyor system. The court analyzed claims under Labor Law § 200, common law negligence, and other related causes of action.

Background Facts
The accident occurred during a construction project at the Owl’s Head Water Treatment Plant, owned by the City of New York. WDF, Inc. was the general contractor and was required to install temporary conveyors to move waste during construction. The conveyors, purchased from Serpentix Conveyor Corporation, were designed to be bolted to the floor. At the request of a City supervisor, the conveyors were modified by adding wheels, making them mobile.

WDF contacted J. Blanco Associates, Inc. to fabricate and provide caster wheels. The modified conveyors were installed in July 2008. On August 27, 2008, Serpentix notified WDF that the warranty on the conveyors was void due to the modifications and warned that the conveyors needed additional supports. WDF did not install the supports.

Published on: February 19, 2025

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)

by Stephen Bilkis

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 clarified the limits of liability under the statute and reaffirmed that not every fall from a ladder results in an automatic finding of liability. The court focused on whether the defendant violated the statute and whether that violation caused the injury.

Background Facts

Rupert Blake owned a contracting company and was hired to perform renovation work at a two-family home in the Bronx. The homeowner had received financing from Neighborhood Housing Services of New York City (NHS), a nonprofit lender. NHS provided a work estimate and a list of possible contractors. The homeowner selected Blake, and NHS had no further involvement in directing the work.

Published on: February 13, 2025

Court Dismissed Case After Plaintiff Gave Wrong Date in Notice of Claim Garland v City of New York, 2025 NY Slip Op 01991

by Stephen Bilkis

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 hurt while trying to get on a city bus.

Background Facts

Theresa Garland claimed that she was injured while boarding a bus. She said the fall happened on June 13, 2015. However, when she filed her notice of claim—a document that must be submitted before suing a city agency—she wrote that the injury occurred on June 9, 2015.