Ules v. Super 8 World Wide Inc., et al

summary judgment in favor of snow removal contractor. Plaintiff claimed personal injuries as a result of slipping on snow and ice in a parking lot. The court dismissed both plaintiff’s main action and third-party action complaints against our client based upon the insured’s lack of a duty owed to plaintiff pursuant to the Espinal case.

August, 2017
By Supreme Court, Suffolk

Decastro v. Center Moriches School District

Defense verdict at trial in favor of school district. Plaintiff, a second grade student, alleged negligent supervision when, during recess, she fractured her tooth as a result of hitting her face on a pole that existed in the middle of a spiral slide. However, during trial, it was established that plaintiff ignored multiple prior warnings to not go down the slide at the same time as other students. Plaintiff had demanded $50,000.

June, 2017
By Supreme Court, Suffolk

Spano v. Sachem School District, et al

Summary judgment in favor of school district. In this case, plaintiff sought relief under Labor Law §200, §241(6) and §240(1) recovery for personal injuries allegedly sustained during the course of his employment and while installing replacement windows throughout a school building. Specifically, while plaintiff and a co-worker were standing upon separate A-frame ladders and attempting to install an exterior window the ground level of the building – which weighed approximately 200 pounds and measured 5 feet high by 4 feet wide – plaintiff sustained injury after his co-worker allegedly lost his balance and stepped down off of his ladder when it became wobbly, leaving plaintiff to handle the entire weight of the partially installed window. The court dismissed plaintiff’s Labor Law §200 claim upon the District’s unrefuted evidentiary demonstration that it did not possess the authority to control plaintiffs work or provide him with any allegedly defective equipment during the project. The court dismissed plaintiff’s Labor Law §241(6) cause of action upon the District’s demonstration the plaintiff failed to allege the violation of a specific and applicable Industrial Code provision. Finally, the court dismissed plaintiff’s Labor Law §240(1) claim, reasoning, in pertinent part, that plaintiff’s accident did not involve a significant elevation differential, and that the window did not qualify as a very heavy object to overcome the issue of plaintiff’s minor descent.

May, 2017
By Supreme Court, Suffolk

Mahady v Northport School District, et al

The Board of Cooperative Educational Services Western Suffolk BOCES (we represented BOCES). Plaintiff, a hairdressing student, sued client, Western Suffolk BOCES, alleging she tripped and fell as a result of her smock being negligently and “improperly” tied in the front. In dismissing the case against BOCES, the court held that plaintiff’s injuries were not one of the foreseeable hazards associated with BOCES’ alleged failure to provide proper training and there was nothing about the relationship of the parties that would impose a duty upon a student to ensure that an adult client is properly robed.

May, 2017
By Supreme Court, Suffolk

Eldi v. Eastern Suffolk BOCES

Favorable defense verdict at trial in favor of client, Eastern Suffolk BOCES. In the underlying action, plaintiff alleged that she tripped over a pothole that existed in a school driveway, which caused a badly fractured right wrist and torn ligaments that required surgery, in addition to a fractured metatarsal in her left foot. At the conclusion of trial, the jury determined that the premises was reasonably safe and decided in favor of Eastern Suffolk BOCES. Plaintiff made a settlement demand of $350,000.

May, 2017
By Supreme Court, Suffolk

DeLucia v Longwood

Summary judgment granted in favor of school district. In this case, an infant plaintiff claimed personal injuries after tripping over a bucket that was placed on the track as a warning device (the area had been patched). Plaintiff alleged that the district was negligent by not having him run elsewhere and not warning him about the condition. In dismissing the case, the court held that the area was open and obvious, thus not inherently dangerous.

May, 2017
By Supreme Court, Suffolk

Poplawski v Department of Community Activity of Oceanside, Oceanside UFSD and the Town of Hempstead

Claims against clients Department of Community Activity of Oceanside UFSD dismissed as the court denied plaintiff’s petition to file a late Notice of Claim, ruling that there was no sufficient reason for its untimely filing. The court held that the petitioner did not indicate when counsel was retained, establish when the petitioner’s father had surgery, or state why the petitioner’s mother could not be listed as claimant in lieu of the father.

April, 2017
By Supreme Court, Nassau

Thayer v. Community Services for the Mentally Retarded, Inc. et al

Summary judgment in favor of snow removal contractor. Plaintiff alleged she was injured as a result of a slip and fall on snow and ice in a school parking lot. Plaintiff’s claims against the snow removal contractor were dismissed, based upon the Espinal case, as there was no proof that the contractor launched a force or instrument of harm; that plaintiff relied to her detriment on the continuing performance of the contractor’s contractual duties; or that the contractor completely absorbed the parking lot operator’s duty to maintain the premises. Furthermore, all third party claims for indemnification against the contractor were dismissed, as the lessor of the premises failed to demonstrate that plaintiff’s injury was caused solely by the contractor’s negligent performance or nonperformance and there was no viable claim for contractual indemnification insofar as the lessor was not a party to the snowplow contract.

April, 2017
By Supreme Court, Nassau

Noto v. Silverstein Contracting & Development Corps., et al

Summary judgment granted to defendant subcontractor, where plaintiff brought an action pursuant to Labor Law sections 200, 240(1) and 241(6) after being electrocuted while working in an elevated crawl space at a construction site. The court dismissed the claims against our client, Silverstein Contracting & Development Corps., ruling that it was neither an owner, contractor or had any responsibility with respect to this job at the time of plaintiff’s loss. The court stated that although Silverstein was the prior construction manager for years before the date of loss and merely filed permits for the job, such facts were insufficient to hold Silverstein liable under the Labor Law.

March, 2017
By Supreme Court, Suffolk

Kelly v. Mall at Smith Haven, LLC

Successful appeal on behalf of client contractor. Plaintiff sued for personal injuries as a result of an alleged trip and fall on an exterior sidewalk at the entrance of Smith Haven Mall. He sued the Mall, Howell, the general contractor that performed renovations at the premises in 2007, as well as our client, RF Paving, which constructed the sidewalk on which plaintiff tripped, as part of the 2007 renovations. The court (Supreme Court, Suffolk) dismissed plaintiff’s complaint against RF Paving, holding that plaintiff could not accurately identify what caused him to trip and fall. The Second Department affirmed the dismissal, finding our client did not create the defect and, having completed their work three years prior to the accident, owed no continuing duty relative to the maintenance of the sidewalk. While plaintiff’s expert alleged that the defect may have been created during RF Paving’s initial construction, this conclusion was not based upon facts in the record and was thus speculative.

March, 2017
By Second Department

Platt v. Center Moriches School District

Summary judgment granted to School District where plaintiff claimed personal injuries after hitting head on underside of playground equipment. The court dismissed plaintiff’s case given the lack of evidence of negligent supervision or any evidence that the equipment was defective. Furthermore, the court held that the proximate cause of the accident was that plaintiff not following the rules while running under equipment.

February, 2017
By Supreme Court, Suffolk

Hernandez v. Half Hollow Hills School District

Summary judgment granted to defendant School District, where plaintiff sued for personal injuries sustained while allegedly inspecting the motors of the gymnasium door. The court dismissed plaintiff’s claims, in part, based on the fact that plaintiff was performing routine maintenance, as opposed to actual construction work.

February, 2017
By Supreme Court, Suffolk

Hernandez v. Locust Valley UFSD

Summary Judgment granted to School District and plaintiffs’ complaint dismissed since there was no evidence seriously injured infant plaintiff was bullied, defendant provided adequate supervision and the school playground equipment and ground cover complied with ASTM and CPSC standards.

February, 2017
By Supreme Court, Nassau

Bedell v. Center Moriches School District

Defense verdict in favor of School District where plaintiff, a third grade student, alleged negligent supervision and a defective condition after falling on playground equipment while playing during recess.

February, 2017
By Supreme Court, Suffolk

Rodriguez v. Sachem School District

Summary judgment granted to defendant School District where child claimed personal injuries after falling off monkey bars. The court dismissed plaintiff’s case given there was no evidence plaintiff was not properly supervised, no evidence that the monkey bars were not at an appropriate height, no evidence ground cover was insufficient, no evidence the parents were not properly informed of incident and the court held the proximate cause of the accident was that plaintiff’s hands were tired.

February, 2017
By Supreme Court, Suffolk

Bogolubsky v. 7-Eleven

Summary judgment granted to defendant where plaintiff tripped and fell on a tray and suffered bilateral meniscus tears, since the franchisor did not exercise control over the maintenance of the convenience store floor and plaintiff failed to make reasonable use of her senses as the condition was so open and obvious as to negate any claim of negligence against the other defendants an individual franchisee and a delivery company.

February, 2017
By Supreme Court, Queens

Kalogeropoulos v. Torito Trucking

Plaintiff moved for summary judgment on liability alleging his vehicle was hit in the rear by Torito’s truck while he was stopped in traffic. Based on opposition submitted by CFO, the court denied summary judgment, given that 1) Defendant did not contact the rear of plaintiff’s vehicle but rather hit a vehicle which contacted plaintiff’s vehicle; and 2) That the vehicle defendant allegedly hit cut into defendant’s travel lane in front of him, abruptly, cutting down the free stopping distance in front of his truck our driver left.

February, 2017
By Supreme Court, Queens

Lyons v. E. Islip School District

Summary judgment granted to School District where plaintiff rode a bicycle onto the track, hit their arm on a fence and sustained a laceration. The court dismissed plaintiff’s claims given the lack of evidence the fence was defective and the School District had no notice of any alleged defect.

January, 2017
By Supreme Court, Suffolk

Hinz v. Wantagh School District

Summary judgment granted to School District. Plaintiff claimed she was injured when her finger was caught in a bathroom door. She alleged a defective condition of the door, negligent supervision and a breach of her 504 Accommodation Plan. The court dismissed the case based on arguments that plaintiff presented no evidence of the door’s defective condition and that there was no issue of material fact that any alleged lack of supervision was a proximate cause of plaintiff’s injuries.

December, 2016
By Supreme Court, Nassau

Lombardi v. West Babylon School District

Summary judgment granted to School District where plaintiff assaulted on bus by “non-student”. The court dismissed plaintiff’s claims, given that the School District had no notice the “non-student” was on the bus, no notice of a pending assault and the incident was sudden and spontaneous.

December, 2016
By Supreme Court, Suffolk

Romero v. Quihuiri d/b/a USA General Carpentry, et al

Favorable defense verdict at trial regarding contribution claims and apportionment of liability between subcontractor roofing and siding company for client subcontractor consultant. In the underlying action, plaintiff alleged violations of Labor Law sections 200, 240(1) and 241(6) for personal injuries sustained while constructing a single family home.

October, 2016
By Supreme Court, Suffolk

Krzynski v. Southampton

Summary judgment granted to defendant School District where plaintiff alleged personal injuries sustained while voluntarily participating in an after school floor hockey game. The court dismissed the claims, given the lack of evidence of negligent supervision, plaintiff assumed the risk, plaintiff was cleared by her doctor to participate in sports, proper equipment was used and the School’s gym properly maintained/utilized.

October, 2016
By Supreme Court, Suffolk

All Star Maintenance v. Harmon

Summary judgment granted to third party subcontractor. Plaintiffs and third party plaintiffs entered into a contract for the construction of a single family home. The court dismissed the case against the subcontractor, based on arguments that there was no evidence to indicate that any work performed by our client, caused any damage to the premises or cause any other parties to suffer economic loss or personal injuries.

September, 2016
By Supreme Court, Nassau County

Deutsch v. Franklin Square School District

Plaintiff claimed personal injuries due to a trip and fall on a hole in a lawn. The court granted summary judgment based on arguments that there was no evidence of notice or evidence that defendant created the condition.

September, 2016
By Supreme Court, Nassau

Keith v. Oceanside School District

Summary judgment granted to defendant School District where plaintiff bumped into and banged heads with another child. The court dismissed the claims based on there being no evidence of a lack of supervision, that the School District staff was not properly supervised or trained and that the School District failed to properly assess condition.

July, 2016
By Supreme Court, Nassau

Bonifati v. Garden City UFSD

Summary judgment granted to School District. Plaintiff alleged personal injuries sustained while engaged in a dodgeball game during gym class, wherein he was caused to sustain a left leg fracture when his foot became imbedded in the wrestling mats covering the floor of the auxiliary gym and thereby causing him to fall. Plaintiff alleged that the School District was negligent in permitting its students to play dodgeball on a surface not conducive to such an activity. The court dismissed the case, given that plaintiff assumed the risk and could not prove the mats were defective.

April, 2016
By Supreme Court, Nassau County

Marquez v. Miscioscia

Plaintiff sued defendant property owner pursuant to Sections 240(1) and 241(6) of the Labor Law for personal injuries sustained while performing construction work on defendant’s home. The court granted summary judgment and dismissed plaintiff’s complaint based on the exception for owners of one- or two-family homes.

October, 2015
By Supreme Court, Nassau

Licata v. AB Green Gansevoort, et al

Summary judgment granted to defendant subcontractor, where plaintiff alleged violations of Labor Law sections 240(1) and 241(6) for personal injuries sustained after allegedly stepping into an uncovered hole after descending from a ladder while working at a construction site. The court dismissed plaintiff’s claims against our client, Alfa Piping Corp., as well as third party plaintiff’s claims against our client for indemnification, agreeing with our position that Alfa was in no way involved in the cutting of the hole which plaintiff allegedly stepped into, thereby causing injury.

July, 2015
By Supreme Court, New York