Was ShopRite Liable for the Patron’s Injury? Alfred Kenlaw was injured while using and exiting a motorized cart in front of the entrance to the ShopRite Supermarket of Wallkill located at 20 Lloyds Lane, Middletown, New York. Kenlaw alleged that ShopRite was negligent in the “ownership, operation, maintenance and control of the its premises and motorized shopping cart” and that it failed to maintain its premises and motorized shopping cart in a reasonably safe condition. Kenlaw arrived at ShopRite to do some shopping and used a motorized cart as he had done many times before. He was operating the motorized… Read more

Were County/Park Commissioners Protected from Liability by Law? Madelyn Langford and Peter D. Kaufman sued for their injuries sustained after a tree branch fell on them while on a trail in Kennedy Dells Park located in New City, New York. The Park is owned by the County of Rockland and operated by the County of Rockland Park Commission. The County and the Commission moved for summary judgment dismissing the complaint based on the arguments that movants: (1) were immune from liability of negligence pursuant to General Obligations Law § 9-103; (2) lacked actual or constructive notice as to the existence… Read more

Court Reviews Conflicting Affidavits and Analyzes Burden of Proof Rear end automobile collision claims would seemingly raise quintessential questions of fact for trial—especially where the two drivers submit clearly conflicting and controverting affidavits about the facts and circumstances of the crash. But, as a recent decision illustrates, that is not always the case. Stephanie Wilms was involved in a motor vehicle accident that occurred on March 2, 2018 at approximately 5:35 p.m. A vehicle owned by ADT Security Services, Inc. and Protection 1 Alarm Monitoring, Inc., and operated by Corteze C. Remy Jr., struck the rear of her car on Joshua’s Path… Read more

Was County Liable to Injured Prisoner? Henry Concepcion-Ramos, an inmate, sued the County of Westchester alleging negligence for injuries purportedly sustained when he became embroiled in an altercation with another inmate at the Westchester County Jail. The day prior to the assault, at approximately 10:00 p.m., Ramos was pushed and thrown to the floor by an inmate named Mercedes. At his deposition, Ramos testified that all the inmates within the dormitory area witnessed the altercation. On the following day, Ramos testified that he reported the incident involving Mercedes to a corrections officer and requested to be moved to a different dormitory… Read more

Was Stable Operator Liable for Injury? Maritza Donohue sued Netherwood Acres, LLC for negligence arising out of a horseback riding incident. The complaint alleged that Donohue was riding on a trail ride, when she was “caused to be thrown from the horse and fall to the ground by reason of the negligence of [Netherwood] thereby sustaining severe and serious personal injuries.” Donohue alleged that Netherwood failed to properly train the horse, provide her with the appropriate saddle, or properly match a horse with its rider. She alleged that she expressed warnings to Netherwood’s employees about the horse’s actions, and claimed… Read more

Was DOB Finding That Violations Existed Dispositive  in Parallel Nuisance Claim? 1143 Fifth, LLC owns the seven-story building located at 1143 Fifth Avenue, New York, and was in the process of adding an eighth floor so as to create a duplex penthouse apartment with a large terrace. 1148 Corporation owns the 13-story building directly to the north of 1143 at 1148 Fifth Avenue, New York and that building’s southern façade has multiple windows overlooking 1143’s penthouse terrace-to-be. The LLC sued the Corp., alleging five causes of action: (1) nuisance; (2) trespass; (3) negligence; (4) RPAPL § 871; and (5) New… Read more

Was Owner of Home Housing Dog Owned by Tenant Liable for the Injury? Cassandra Lawrence was allegedly injured while living at 289 First Street in Newburgh, New York, when she was bit by a dog owned by Tony Euceda. Lawrence sued Euceda and was awarded money damages as against Euceda after he defaulted in the action. Lawrence then sued Brandon Tobal, the owner of the premises at which Euceda (and the dog) were living at the time of the incident. Tobal moved for summary judgment dismissing the complaint on the ground that he lacked notice that the dog had vicious propensities…. Read more

Was Affidavit of Deceased Process Server Admissible/Dispositive? First American Investment Company obtained a default judgment against Orlando Fabian in Civil Court in the Bronx. Fabian moved to vacate the judgment on the ground he had not been served with process. The Court ordered a traverse hearing to determine whether or not Fabian had been served. Before the commencement of testimony, the Court heard two applications by the parties: First American’s application to cancel the traverse hearing in light of the process server’s death, and Fabian’s application to exclude the now-deceased process server’s affidavit of service that was the impetus of the… Read more

Was Buyer’s Claim Barred by “Caveat Emptor”? Bethany Ralph (an attorney representing herself) sued George Cole and George Cole Auctions, Inc. (represented by counsel) for $655.00 (cost of urns purchased online at auction) and $200.00 (cost of pick-up and delivery of the urns), for a total of $855.00. Suit was filed, and the action went to trial in the Justice Court of the Village of Red Hook. Ralph alleged that Cole/Auctions offered two urns for sale at an online auction. Ralph participated in the online auction rather than going in person, due to the danger of infection by the Coronavirus…. Read more

Court Asked to Find Easement by Implication/Necessity Residential Lot A in Woodside, New York, owned by John Bonadio, is situated perpendicular to residential Lot B, owned by Elizabeth Bonadio. The two lots share a border. Lot A has a detached two-car garage, the entrance to which faces a driveway situated on Lot B. John’s father (Richard) acquired title to both lots in 1953, and used the driveway on Lot B to access the garage on Lot A. In 1962, Richard conveyed title to Lot B to himself and his wife, Jane (Elizabeth’s mother). Also, in 1985, Richard similarly conveyed title… Read more