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22 Jul 2013, 12:58 am by John Diekman
The plaintiff also must show that the object fell because of the absence or inadequacy of a safety device of the kind enumerated in the statute.Case:  Flossos v. [read post]
29 Nov 2007, 4:45 am
Falling concrete blocks.The Second Department reinstated plaintiff's cause of action alleging a violation of Labor Law § 241(6), in Amerson v. [read post]
5 Jun 2012, 12:51 am by John Diekman
The relevant inquiry is whether the harm flows directly from the application of the force of gravity to the object.Case: Andresky v. [read post]
3 Dec 2014, 12:28 am by John Diekman
So, the Appellate Division determined that defendant failed to make a prima facie showing that the sidewalk was not in a hazardous condition and that the injured plaintiff's fall was not proximately caused by its negligence in failing to remedy the defect.As defendant did not establish its entitlement to judgment as a matter of law, there was no need to review the sufficiency of the plaintiffs' opposition papers.Student note:  A plaintiff's inability to identify the… [read post]
25 Nov 2014, 12:23 am by John Diekman
The record shows that defendant's supervisor of grounds inspected the exterior lights several days prior to plaintiff's fall and found them to be functioning properly, and plaintiff did not submit any contradictory evidence.Case:  Vidal v. [read post]
10 Aug 2015, 7:18 am by WynnAndWynn
” Additionally, in a recent decision entitled Bauers v. [read post]
15 Aug 2013, 12:05 am by John Diekman
If the defendant fails to meet its prima facie burden, the court need not consider the sufficiency of the plaintiff's opposition papers.Case:  Campbell v. [read post]