Monthly Archives: September 2023

Passenger Hurt When Bus Stopped Short at Red Light

Posted on September 28, 2023 | Comments Off on Passenger Hurt When Bus Stopped Short at Red Light

Was There Objective Evidence to Hold MTA Liable?

Rosemary Orji allegedly was injured when she fell while aboard a bus. Orji testified at her deposition that as she was walking toward the rear seating area shortly after boarding the bus, the bus stopped at a red traffic light, which caused her to lose her grip on the railing and fall onto her left side.

Orji filed a personal injury action against the MTA Bus Company and “John Doe,” the owner and operator of the bus, respectively, alleging that they were negligent in the ownership and operation of the bus. MTA moved for summary judgment dismissing the complaint, arguing that the movement that caused Orji to fall was not unusual or violent and was not of a different class than the jerks and jolts commonly experienced in city bus travel.  Supreme Court denied the motion and, upon reargument, adhered to the original determination. MTA appealed.

Continue reading →

Comments Off on Passenger Hurt When Bus Stopped Short at Red Light

Posted in Litigation, New York Law, Personal Injury

Planet Fitness Member Falls After Taking Shower

Posted on September 25, 2023 | Comments Off on Planet Fitness Member Falls After Taking Shower

Was Club Liable for Injury Caused by Puddle in Locker Room?

Jason Briggs brought a premises liability action seeking to recover for personal injuries he sustained when he was allegedly caused to slip and fall in the shower locker room at the workout at a Planet Fitness gym. Briggs contended he finished his workout and went into the locker room to shower as he normally did. He undressed and prepared to take a shower in the middle stall. He was barefoot. He testified he walked into the shower area and was attempting to go into the middle (third) shower. Briggs claimed he slipped and fell in the area just before he got into the shower stall. He testified that, after he fell, he took three photographs of a puddle that was about one foot by two feet and approximately three to four feet from the shower shall. He believed the accident occurred just before 9:00 p.m.

Briggs testified that he did not see the puddle before he fell and, when asked if he stepped in the puddle, he responded “1 would assume so.” When further questioned if he did not know that he stepped into the puddle, he responded “I don’t know because I didn’t see the puddle, my eyes were looking where 1 was going.” Briggs testified that the surrounding ground near the puddle was mostly wet all over. After his fall, Briggs got dressed and went to the front counter to advise staff of his injury.

Continue reading →

Comments Off on Planet Fitness Member Falls After Taking Shower

Posted in Litigation, Personal Injury

Lexington Ave. Apt. Owner Sues Joe & The Juice for Nuisance

Posted on September 21, 2023 | Comments Off on Lexington Ave. Apt. Owner Sues Joe & The Juice for Nuisance

Court Decides Whether Facts Justify Preliminary Injunction

Grecia Gross owns shares of stock in the building corporation appurtenant to cooperative apartment 2A and is also the lessee under a proprietary lease. The building is located on the corner of Lexington Avenue and is directly above the 4/5/6 subway line. The apartment is located directly above a ground floor commercial space leased to Joe & The Juice since February 2018. Joe & The Juice is a coffee shop/juice bar, which utilizes blenders and coffee grinders as necessary components of its business.

Since October 2018, Gross asserted that her apartment had been “plagued with excessive, disruptive noise from” Joe & The Juice consisting of “incredibly loud bass music, excessive banging, and extremely loud whining machine noises … nearly every single morning” from approximately 7:00 a.m. until after 9:00 p.m.  Gross alleged the noise prevented her from being able to sleep or rest, make telephone calls, and caused her headaches, undue stress and anxiety. Gross sought to address the issue by speaking with the store’s employees, requesting remedial efforts by the board of the corporation, and hiring an acoustical consulting service company, Acoustilog Inc.  to perform sound testing and acoustical recordings from April 1, 2022 through April 11, 2022.

Continue reading →

Comments Off on Lexington Ave. Apt. Owner Sues Joe & The Juice for Nuisance

Posted in Litigation, Real Estate

Commission Suit On Purchase by Assignment of 3rd Party Contract

Posted on September 18, 2023 | Comments Off on Commission Suit On Purchase by Assignment of 3rd Party Contract

Commission Suit On Purchase by Assignment of 3rd Party Contract

Was Broker Procuring Cause of Sale– Direct and Proximate Link?

Kassin Sabbagh Realty LLC sought a brokerage commission from 125th St. Holding Co. LLC and 125th Street Bopaz LLC on a transaction of which it alleges it was the procuring cause. The Manhattan property located at 51 East 125th Street. Sabbagh made David Israel aware of the property on November 6, 2018. Subsequently, on February 25, 2019, Israel contacted Kassin about making an offer but Kassin informed Israel that the proposed offer was too low because the seller was seeking $13 million. Before Holding/Bopaz were able to make an offer, the seller entered into a contract to sell the property to a third party. However, before a closing took place, Kassin, acting as Holing/Bopaz’ broker, set up a meeting between Israel, the seller and the third-party purchaser. At the March 28, 2019 meeting, Kassin alleged that Israel proposed acquiring the property through the assignment of the third-party purchase agreement. Instead, Israel alleged that through the efforts of a different broker, it was able to purchase the property through the assignment of the third-party purchase agreement.

Continue reading →

Comments Off on Commission Suit On Purchase by Assignment of 3rd Party Contract

Posted in Litigation, Real Estate

Groom’s Family Could Not Get Visas to Attend Wedding and Executive Order Limited Number of Guests

Posted on September 13, 2023 | Comments Off on Groom’s Family Could Not Get Visas to Attend Wedding and Executive Order Limited Number of Guests

Could Bride’s Family Invoke Contractual Force Majeure Clause to Obtain Refund of  Deposit For Wedding Band?

Adam Greenberg d/b/a  Around Town Entertainment sued Alyssa Gallagher, John Gallagher, and Diane Gallagher for breach of contract for their failure to comply with the cancellation provisions in their contract for the services of a wedding band. The court held a trial. Greenberg, represented by counsel, testified and also called Alyssa Gallagher on its case. The Gallaghers, representing themselves, presented the testimony of John and Diane Gallagher, Alyssa’s parents.

Continue reading →

Comments Off on Groom’s Family Could Not Get Visas to Attend Wedding and Executive Order Limited Number of Guests

Posted in Force Majeure, Litigation, New York Law

Customer Injured in Altercations With Nostrand Avenue KFC Store Manager

Posted on September 13, 2023 | Comments Off on Customer Injured in Altercations With Nostrand Avenue KFC Store Manager

Court Decides If Patron’s Complaint Should  Be Dismissed If He Initiated the Squabble

Cecil Gibbs alleged in his complaint that Azizullah Nasiry injured Gibbs through recklessness, carelessness, and negligence.

On October 18, 2017, Nasiry was employed by 1429 Food Corp. d/b/a Kennedy Fried Chicken. 1429 Food Corp. is a small storefront eat-in and takeout chicken restaurant located at 1429 Nostrand Avenue in Brooklyn, New York. Nasiry was employed in the capacity of store manager.

Continue reading →

Comments Off on Customer Injured in Altercations With Nostrand Avenue KFC Store Manager

Posted in Litigation, Personal Injury

Criminal Defendant Handcuffed During Jury’s Reading of Verdict and Polling

Posted on September 7, 2023 | Comments Off on Criminal Defendant Handcuffed During Jury’s Reading of Verdict and Polling

Did Visible Shackles Violate Defendant’s Constitutional Rights?

The use of visible shackles during the guilt phase of a trial is forbidden in the absence of a special need. Is handcuffing the defendant also forbidden during the jury’s reading of its verdict and the court’s polling of the jurors. Here, the trial court ordered ordering defendant to be handcuffed when the jury returned to announce its verdict without providing an on-the-record, individualized explanation for the restraints. Was that a harmless error or an error that required reversal of defendant’s conviction and a new trial?

Oscar Sanders was tried before a jury on one count of attempted assault in the first degree and one count of assault in the second degree (arising from a physical altercation with the victim) and two counts of criminal contempt (resulting from his subsequent violations of an order of protection). After the jury advised the court that it had reached a verdict but before the jury returned to the courtroom, defense counsel observed Sanders in handcuffs. Counsel made the following objection in open court:

Continue reading →

Comments Off on Criminal Defendant Handcuffed During Jury’s Reading of Verdict and Polling

Posted in Litigation, New York Law

Health Care Aide Injured When Dining Room Chair Collapses

Posted on September 5, 2023 | Comments Off on Health Care Aide Injured When Dining Room Chair Collapses

Did Homeowner Have Actual/Constructive Notice of Defect?

Joan Maria Vaz brought a personal injury action arising from an accident at the home of Giusseppina Zimmitti.

Zimmitti moved for summary judgment dismissing Vaz’ complaint.

The accident took place when the dining room chair that Vaz was seated in broke and collapsed under her, resulting in injuries. She commenced an action and asserted in her complaint that Zimmitti was negligent as she failed to use the degree of care which a prudent person would in like circumstances, despite having had actual and/or constructive notice of the dangerous and defective condition of the chair.

Continue reading →

Comments Off on Health Care Aide Injured When Dining Room Chair Collapses

Posted in Litigation, Personal Injury

May Daughter Act as Mandarin Interpreter at Depo of Plaintiff/Mother?

Posted on September 2, 2023 | Comments Off on May Daughter Act as Mandarin Interpreter at Depo of Plaintiff/Mother?

Court Navigates Complex Four-Part Rule Amid a Paucity of Precedent

Zhiwen Yang was a patient of the Dr. Gregory K. Harmon from August 24, 2015, to November 25, 2015, for the treatment of a cataract of the right eye. During that period, Harmon performed an operative procedure to remove the cataract. Following that procedure, Harmon allegedly prescribed medications to Yang, including Ketorolac. Yang allegedly sustained injuries including loss of vision in her right eye.

In April 2017, Yang, and her husband, Keping Qu, suing derivatively, commenced an action to recover damages for medical malpractice and lack of informed consent against, among others, Harmon and his medical practice, Gregory K. Harmon, M.D., P.C. The Yangs alleged that Harmons departed from the accepted standard of care in providing pre-operative, operative, and post-operative care, and prescribed contraindicated medications for Yang, without informing her of the risks, potential adverse reactions, or alternatives.

Continue reading →

Comments Off on May Daughter Act as Mandarin Interpreter at Depo of Plaintiff/Mother?

Posted in Litigation, New York Law, Personal Injury