Reported appellate decisions - prior results do not guarantee a
similar outcome
- Hunt v. Pierce Mfg, Inc., 298 AD2d 430, 748 NYS2d 603, 2002
N.Y. Slip Op. 07424 (2d Dept. 2002)(permitting defendant to amend
answer to assert cross-claims unrelated to plaintiff's complaint).
- Baher v. Shelter Express, Inc., 298 AD2d 320, 748 NYS2d
859, 2002 N.Y. Slip Op. 07875 (1st Dept. 2002)(dismissing complaint
for slip-and-fall on ice against bus shelter maintenance company).
- Pavlou v. City of New York, 300 AD2d 120, 752 NYS2d 619, 2002 N.Y.
Slip Op. 09345 (1st Dept. 2002)(dismissing claim arising out of
crane collapse under Labor Law § 240 but denying summary judgment
under § 241(6), lv app denied, 2009
N.Y. Slip Op. 61927(U) (1st Dept.) and 2009
N.Y.
Slip Op. 74750 (2009)
- Stone v. Long Island Jewish Medical Center, Inc., 302 AD2d
376, 754 NYS2d 352, 2003
N.Y. Slip Op. 10712 (2d Dept. 2003)(dismissing complaint for
slip and fall against hospital and its housekeeping services
management company).
- Seven Acre Wood Street Assoc., Inc. v. Town of Bedford, 302
AD2d 511, 755 NYS2d 257, 2003
Slip Op. 11369 (2d Dept. 2003)(dismissing action for preliminary
injunction against property owner who allegedly increased the flow of
water across his property).
- Amin Realty, LLC v. K&R Construction Corp., 306 AD2d
230, 762 NYS2d 92, 2003
N.Y. Slip Op. 14628 (2d Dept. 2003)(economic loss rule required
dismissal of complaint against remote supplier of allegedly defective
concrete which delayed construction of office building).
- Meade v. Rock-McGraw, Inc., 307 AD2d 156, 760 NYS2d 39, 2003
N.Y. Slip Op. 14801 (1st Dept. 2003)(denying partial summary
judgment on liability under Labor Law § 240(1) to worker who fell while using A-frame ladder in closed position).
- Mohmand v. Shorenstein Realty Investors Two, LP, 307 AD2d
918, 762 NYS2d 900, 2003
N.Y. Slip Op. 16299 (2d Dept. 2003)(dismissing complaint by
employee of cleaning company who was assaulted by car thieves in
Garden City parking garage).
- Gilbert v. Kingsbrook Jewish Medical Center, 4 AD3d 392,
771 NYS2d 399, 2004
NY Slip Op 00638 (2d Dept. 2004)(refusing to dismiss complaint by
deliveryman who allegedly injured wrist in 1927-era bi-parting Peele
elevator door even though all inspections were current and no
violations had been reported).
- Bodden v. Mayfair Supermarkets, 6 AD3d 372, 773 NYS2d 905,
2004
N.Y. Slip Op. 2525 (2d Dept 2004)(dismissing complaint for
injury suffered when plaintiff pushed open automatic door from behind
and attempted to step through opening).
- Pavlou v. City of New York, 21 A.D.3d 74, 797 N.Y.S.2d
478, 2005
NY Slip Op 05419 (1st Dept 2005) (rev'g order granting new trial
on the issue of proximate cause after jurors expressed remorse that
their verdict had unexpectedly deprived plaintiff of substantial
recovery), aff'd , 8 NY3d 961, -- NYS2d --, 2007
NY Slip Op 03796 (May 3, 2007) (holding that jury verdict was not
inconsistent and App. Div. did not abuse its discretion in reversing
order granting new trial).
- Greene v. Mullen, 39 A.D.3d 469, -- N.Y.S.2d --, 2007
NY Slip Op. 02885 (2d Dept 2007)(affirming order compelling
plaintiff to accept untimely answer).
- Hageman v. Home Depot, 45 A.D.3d 732, -- N.Y.S.2d --, 2007
NY Slip Op. 09206 (2d Dept., Nov. 20, 2007)(holding that Georgia
law on contractual indemnification does not offend the public policy
of New York, but otherwise affirming the denial of defendant's motion
for summary judgment). See also
2007
NY Slip Op. 09205.
- Fuchs & Bergh, Inc. v. Lance Enterprises, Inc., 48
A.D.3d 626, -- N.Y.S.2d --, 2008
NY Slip Op 01497 (2d Dept., Feb. 19, 2008)(reversing judgments for
plaintiff and granting new trial on damages in oil spill case).
- Williams v. NYCHA, 56 A.D.3d 361, 2008
NY Slip Op. 09187 (1st Dept. 2008)(no duty to prevent criminal
assault with firearm in outdoor common area of housing development).
- Yavkina v. New York City Police Dept., 60 A.D.3d 669, 2008
NY Slip Op 01640 (2d Dept. 2008)(operator of double-parked delivery
truck failed to establish freedom from negligence).
- Braun v. Sid's 2nd Avenue Bike Shop, 58 A.D.3d 529, 2009
NY Slip Op. 00299 (1st Dept. 2009)(suit by sitting Justice of the
Supreme Court in New York County should be transferred out of NYC to
Westchester Co.).
- Sullivan v. Bruckner Plaza Associates, 62 A.D.3d 417, 2009
NY Slip Op. 03613 (1st Dept. 2009)(questions of fact precluded
summary judgment in trip and fall case even though plaintiff's expert
did not cite any regulations or industry standards in support of his
opinion that curb at entrance to rooftop parking area was a trap).
- Progressive Northeastern v. Gibson, 62 A.D.3d 804, 2009
NY Slip Op. 03909 (2d Dept. 2009)(out-of-state insurer of offending
vehicle established that its policy was effectively cancelled under
South Carolina law before the date of the accident).
- Narvaez v. NYCHA, 63 A.D.3d 419, 2009
NY Slip Op. 03615 (1st Dept.), lv denied, - N.Y.3d - , 2009
NY Slip Op. 82261 (2009)(res ipsa loquitur does not apply to
allegations that elevator door with mechanical safety edge closed too
quickly on infant plaintiff).
- Lee v. Astoria Generating Co., 2007 NY Slip Op 34371(U),
rev'd, 55 A.D.3d 124,
2008 N.Y. Slip Op. 06583 (1st Dept. 2008), rev'd 13 N.Y.3d 382,
2009
NY Slip Op. 08669 (2009)(LHWCA, 33 U.S.C. s. 905(b), expressly
preempts Labor Law §§ 240 and 241 in suit arising out of workplace
injury on floating power station).
- Ashjian v. Orion, 70 A.D.3d 738, 2010
NY Slip Op. 00911 (2d Dept. 2010), modifying 16 Misc.3d 1115(A), 2007
NY Slip Op. 51425 (Kings Co.)(following Lee).
- Greene v. Mullen, 70 A.D.3d 996, 2010
NY Slip Op. 01615 (2d Dept. 2010)(affirming order imposing limited
sanction on defendant for failure to appear for deposition).
- Pickett v. Federated Dept. Stores, Inc., 79 A.D.3d 1116, 2010
NY Slip Op. 09902 (2d Dept. 2010)(restoration of injury case
after eight years of inactivity barred by laches)(subsequently
overruled).
- Dones v. New York City Housing Authority, 81 A.D.3d 554, 2011 NY Slip Op. 01348 (1st Dept. 2011)(defendant failed to meet
its burden in motion for summary judgment in slip-and-fall case).
- Isaac v. 151 Macombs, LLC, 84 A.D.3d 457, 2011
N.Y. Slip Op. 03717 (1st Dept. 2011)(reversing denial of
summary judgment in trip-and-fall due to alleged elevator
misleveling).
- Stolowski v. 234 E. 178th Street, LLC, 89 A.D.3d 549, 2011
NY Slip Op 08222 (1st Dept. 2011).
- Gray v. Wackenhut Services, Inc., 446 Fed. Appx. 352 (2d
Cir. 2011)(not selected for publication in the Federal
Reporter)(automobile accident with barrier at West Point).
- Melchor v. Singh, 90 A.D.3d 866, 2011
N.Y. Slip Op 09287 (2d Dept. 2011)(partial summary judgment for
plaintiff under Labor Law 240).
- Velez v. New York City Housing
Authority, 91 A.D.3d 422, 2012
N.Y. Slip Op 00015 (1st Dept. 2012)(defendant failed to meet its
burden in motion for summary judgment in slip-and-fall case).
- Cabrera v. New York City Dep't of Education, 92 A.D.3d 457,
2012
N.Y. Slip Op 00834 (1st Dept. 2012)(question re constructive
notice prevented summary judgment in premises liability case).
- Quinones v. Federated Dep't Stores, Inc., 92 A.D.3d 931, 2012
NY Slip Op 01597 (2d Dept. 2012)(end user not liable for
defectively manufactured chair).
- Tzic v. Kasampas, 93 A.D.3d 348, 2012
N.Y. Slip Op. 01632 (1st Dept. 2012)(sidewalk shed accident).
- Butler v. Quest Property Management, 95 A.D.3d 678, 2012
N.Y. Slip Op. 03946 (1st Dept. 2012)(cable tv installer not
altering building and thus not protected by Labor Law 240).
- Vazquez v. Diamondrock, 100 A.D.3d 502, 2012
N.Y. Slip Op. 07768 (1st Dept. 2012)(out-of-possession owner's
liability for elevator accident).
- Durando v. City of New York, 105 A.D.3d 692, 2013
N.Y. Slip Op. 02214 (2d Dept. 2013)(Labor Law issues in shipyard
accident).
- Boyd v. New York City Housing Authority, 105 A.D.3d 542, 2013
N.Y. Slip Op. 02507 (1st Dept. 2013)(premises liability).
- Antrobus v. Bernhow Realty, LLC, 107 A.D.3d 749, 2013
N.Y. Slip Op. 04301 (2d Dept. 2013)(workers compensation
defense).
- Gatehouse v. New York City Housing Authority, 109 A.D.3d
457, 2013
N.Y. Slip Op. 05556 (2d Dept. 2013)(laches dismissal not
permitted by CPLR 3216)(overruling Pickett).
- Feliciano v. New York City Housing Authority, 123 A.D.3d
876, 2014
N.Y. Slip Op. 08807 (2d Dept. 2014)(failure to serve notice of
claim).
- Great Northern Ins. Co. v. Estelle Irrigation, 124 A.D.3d
431, 2015
N.Y. Slip Op. 00283 (1st Dept. 2015)(water damage to tenant's
personal property).
- Dorador v. Trump Palace Condominium, 126 AD3d 403, 2015
N.Y. Slip Op. 02423 (1st Dept. 2015)(maintaining exterior brass
constitutes "cleaning" under Labor Law 240).
- Bell v. Greater New York Conference, (No. 15-2867, 2d Cir.,
Apr. 18, 2016)(ministerial exception to Title VII).
- Puello v. New York City Hous. Auth., 150 AD3d 1154, 2017
N.Y. Slip Op. 04158 (2d Dept. 2017)(theories of liability were
fairly implied by notice of claim).
- Scott v. New York City Hous. Auth., 176 AD3d 576, 2019
N.Y. Slip Op. 07689 (1st Dept. 2019)(amended notice of claim
served without leave is a nullity).
- Dunn v. New Lounge 4324, LLC, 180 AD3d 510, 2020
N.Y. Slip Op. 01032 (1st Dept. 2020)(cell phone video
insufficiently authenticated).
- Williams v. New York City Hous. Auth., 183 AD3d 523, 2020
N.Y. Slip Op. 03063 (1st Dept. 2020).
- Johnson v. New York City Hous. Auth., 185 AD3d 800, 2020
N.Y. Slip Op 03902 (2d Dept. 2020).
- Darbinyan v. 1806 Ocean, 185 AD3d 1003, 2020
N.Y. Slip Op. 04290 (2d Dept. 2020).
- Townsend v. New York City Hous. Auth., 187 AD3d 591, 2020
N.Y. Slip Op. 05874 (1st Dept. 2020)(issues of fact under res
ipsa loquitur).
- Safer v. D'Onofrio Gen. Contractor Corp., - Fed.Appx - (2d
Cir., Nov. 2, 2020)(refusing to modify limitation injunction because
injured seaman was not lone claimant).
- Laguerre v. Maurice, 192 AD3d 44, 2020
N.Y. Slip Op. 07877(2d Dept. 2020)(dismissing complaint because
false imputation of homosexuality no longer defamation per se).
- Dorador v. Trump Palace Condominium, 190 AD3d 479, 2021
N.Y. Slip Op. 00112 (1st Dept. 2021)(unit owner liable to
indemnify condominium for settlement with injured worker).
- Samuelsen v. Wollman Rink Operations, 196 AD3d 408, 2021 N.Y.
Slip Op. 04196 (1st Dept. 2021)(compelling oral deposition).
- Donkor v. First Ghana Seventh-day Adventist Church, 198
AD3d 477,
2021 N.Y. Slip Op. 05625 (1st Dept. 2021)(granting summary
judgment in fall on carpeted stairs).
- Stewart v. Wollman Rink Operations, LLC, 199 AD3d 619, 2021
N.Y. Slip Op. 06661 (1st Dept 2021)(denying summary judgment in
fall on ice rink).
- Rodriguez v. NY Cross Docking LLC, 200 AD3d 624, 2021
N.Y. Slip Op. 07529 (1st Dept. 2021)(denying summary judgment in
rear-end collision).
- Samuelsen v. Wollman Rink Operations, 201 AD3d 490, 2022 NY Slip Op 00149(1st
Dept. 2022)(denying summary judgment in fall at entrance to ice rink).
- Okeyo v USCIS, et al, No. 22-1875 (3d Cir., Jan. 10, 2023)(per curiam)(pro se plaintiff with constitutional issues).
- St. Hilaire v New York City Hous. Auth., 216 AD3d 695, 2023 NY Slip Op 02346 (2d Dept 2023)(denial of
leave to serve amended notice of claim).
- Rodriguez v Miller Plumbing & Heating, 223 AD3d 635, 2024 NY Slip Op 00395 (1st Dept 2024)(timeliness of
third-party complaints).
- Philbin v City of New York, - AD3d - , 2024 NY Slip Op 01998 (1st Dept 2024)(denying late notice petition).
Pending appeals