Wedding Venue Dispute Arises from Vendor’s Assignment of Contract

This was originally published on the SGR Blog.

Was Bride-to-Be Entitled to No, Partial or Full Refund of Deposit?

Jennifer Tyrie Hinge sought $5,000 in damages against Michael Dezotell d/b/a Orchard Grove Farms for failure to deliver wedding services as contracted. The matter proceeded to trial in the City Court of Little Falls, Herkimer County on April 7, 2022.

There was no substantial factual difference in the testimony. Both parties agreed that Hinge contracted with Dezotell on or about September 11, 2019, to provide a wedding venue and made two payments totaling $5,411.42. Then the COVID-19 pandemic put an end to public gatherings pursuant to public health orders by the Governor which were a matter of public record and common knowledge.

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Managing Agent for Residential Landlord Failed to Return Security Deposit

This was originally published on the SGR Blog.

enant Awarded Deposit with Interest & Punitive Damages

Arlene Marie Karole commenced a small claims action against 340 West End Ave, LLC seeking $2,655.86 in damages for West End Ave’s failure to return a security deposit for an apartment which Karole had leased. On February 1, 2022, Karole amended her claim to increase the amount of damages to $3,851.89.

The Court conducted a nonjury trial. Karole appeared virtually via Microsoft Teams. West End Ave appeared in person by Steven Kirschner, the president of Kay Equities, the management company of the apartment building.

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Was Hunter Negligent in Causing His Brother-in-Law’s Death?

This was originally published on the SGR Blog.

Or Did Victim Assume the Risk of Accidental Shooting?

On June 8, 2018, Todd Herrington, his son Devin, John Tompkins (Todd’s brother-in-law), and Robert Westcott were in Bearn, Quebec, Canada on a fishing and hunting trip. Each of them had a designated area for hunting that was a significant distance away from the others.

Patricia Harrington, as Administrator of Todd’s estate, sued Tompkins (her brother), for negligently causing Todd’s death. Patricia moved for summary judgment.

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Visitor Trips, Falls and Injured When Leaving a House

This was originally published on the SGR blog.

Was Defect in Steps Obvious or Actionable?

Jason Collins tripped and fell around 6:15 p.m. as he was leaving the home of Donald and Marilyn Comilloni on Granite Springs Road in Granite Springs. His injuries included rupture of a tendon and ligaments of the right ankle as well as bone contusion and fracture.

Collins, accompanied by his wife Melissa and a realtor, had gone to the house to look at it for possible purchase. As they left the home, they exited from the side of the house to traverse along the exterior walk-way owned and maintained by the Comilloni’s.

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Disabled Customer Injured When Motorized Shopping Cart Jerked Forward

This was originally published on the SGR Blog.

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 cart for approximately 45 minutes prior to his fall. As Kenlaw was leaving the store, he pulled the cart up to the car his wife parked in the fire zone just outside the exit door. The cart remained on the sidewalk perpendicular to the car. While seated, Kenlaw took the bags out of the front basket and reached over the basket to place them in the back seat of the car. He then attempted to get out of the cart from the right side. With his right foot on the ground, his left hand on the wire basket and his right hand to his side, the cart “jerked forward” four or five inches and he lost his balance.

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Hikers Hurt When Tree Limb Falls in New City’s Kennedy Dells Park

This was originally published on the SGR Blog.

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 of a dangerous condition involving the tree; and (3) there was no evidence of proximate cause because the hikers’ injuries were caused by a naturally occurring condition, the danger of which was open and obvious and assumed by them.

In support of their motion, the County and the Commission alleged that they were entitled to immunity under GOL § 9-103 as a matter of law because the two elements for applicability were satisfied. Specifically, they alleged that the Langford/Kaufman engaged in a requisite recreational activity and that the Park was suitable for that activity, hiking. In opposition, Langford/Kaufman alleged that the motion for summary judgment could not be granted based on immunity because there were issues of material fact regarding whether the County assumed a duty to act reasonably in the operation and maintenance of a supervised public park and recreational facility. In reply, the County and the Commission alleged that the applicability of the statute was a question of law for the Court to determine and that whether the Park was supervised was irrelevant to the applicability of the statute.

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Motion for Summary Judgment on Liability in Rear End Collision Case

This was originally published on the SGR Blog.

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 at or near its intersection with Central Avenue, in Hauppauge, New York. Wilms contended that her vehicle was stopped at a stop sign when the Remy-driven vehicle struck the rear of her car. Wilms sought to recover for serious physical injuries that she claimed she sustained as a result of the accident.

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“Jailhouse Rat” Assaulted by Inmate at Lockup

This was originally published on the SGR Blog.

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.

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Rider Thrown from Horse on Trail Ride

This was originally published on the SGR Blog.

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 that she was negligently allowed to mount the horse “despite prior notice of the dangerous and ‘misbehaving’ nature of the horse.”

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Fifth Ave. Building Charged Neighbor with Multiple NYC Code Violations

This was originally published on the SGR Blog.

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.

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