Premises Liability

RBNYLAW

First Department Upholds Trial Court’s Denial of Summary Judgment to Parking Garage Owner

Joseph A. Serrano v. Riverbay Corporation While walking in defendant’s garage, plaintiff was struck by an unidentified vehicle. ...

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RBNYLAW

Oral Lease Does Not Preclude a Summary Judgment Win For An Out-Of-Possession Premises Landlord

Sawicka v. Schwimmer and Third-Party Action On appeal, the Second Department granted summary judgment to defendant, reversing the denial...

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RBNYLAW

Jury Polling Request

Second Department Affirms 2016 Defense Verdict In Rueda v. Elmhurst Woodside, LLC, et al., (2nd Dept. 2020) 187 A.D.3d 955, the Second...

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RBNYLAW

No Duty to Install Window Guards to Protect Adult Plaintiff

EUGENE FRASER V. RECLAIM HOUSING DEVELOPMENT FUND CORPORATION, ET AL. The First Department recently reversed a Bronx Trial Court’s denial...

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RBNYLAW

Deegan v. St. Patrick's Church at W. Neck; Derek Hewitt v. NY 70th Street LLC, Et Al. (NYLJ 1/14/20)

Plaintiff, a fifth grader, claimed he was injured when he fell while playing touch football in a parking lot during a school recess. ...

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Andre A. Brochetelli, Esq.

Firm Obtains Favorable Dismissal of Action in Bronx County Based upon the Trivial Defect Defense

In an action involving a trip and fall on an alleged defect on the public sidewalk, summary judgment was favorably decided by Justice...

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Andre A. Brochetelli, Esq.

Successful Dismissal of Action by Plaintiff Bootcamp Participant Against Sports Facility

On October 5, 2017, we orally argued a motion for summary judgment in support of a dismissal of all claims and, by Order of the Hon....

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