Category Archives: Personal Injury

This was originally published on the SGR Blog.

Court Navigates Administrative Code: Was City Negligent/ Liable for Injury?

Commentators will probably disagree on whether or not the rules and exceptions of the New York City Administrative Code are as (or more) complicated and difficult to navigate than the United States Code, in general, or the Internal Revenue Code, in particular. But, as a recent case illustrates, the labyrinthine Administrative Code arguably gives its convoluted Federal counterparts a run for the money.

On March 5, 2017, Konstantinos Gallis allegedly was injured when he tripped and fell on an uneven or raised condition of a sidewalk that abutted property in Queens owned by 23-21 33 Road, LLC. The accident occurred on a part of the sidewalk that was near a tree. Gallis filed a personal injury action against the LLC and the City of New York. The LLC failed to answer the complaint and Gallis was granted leave to enter a default judgment against the LLC. Gallis then moved for summary judgment on the issue of liability against the City. Contending that the City negligently maintained the tree near the accident site, thereby allowing the tree roots to grow and lift the sidewalk, creating a dangerous condition. Supreme Court denied the motion. Gallis appealed.

This was originally posted on the SGR Blog.

Was Owner Liable for Personal Injury?

Some fact patterns raise the question of why the suit was even filed?  A recent case is illustrative.

On the evening of March 28, 2018, while at the gym, which is a corporately-owned location of Planet Fitness, located in the City of Newburgh, Orange County, Jason Briggs allegedly slipped and fell in a puddle of water that had accumulated near the shower in the men’s locker room. He filed a negligence action against Planet Fitness to recover damages for personal injuries he sustained due to the fall.

Supreme Court dismissed Briggs’ complaint—finding that Planet Fitness established, prima facie, that it did not have constructive notice of the alleged condition and that there was no dangerous condition. Briggs failed to raise a question of fact in response. Briggs appealed.