Category Archives: Personal Injury

Loss of a New York City Parking Space Is Not A Laughing Matter: Ask Alec Baldwin

This was originally published on the SGR blog.

Saturday Night Live comedian Alec Baldwin engaged in a shoving match with Wojciech Cieszkowski over a mid-town New York parking space. The result was not a laughing matter. Baldwin was criminally charged and pled guilty to harassment in the second degree.

But that was only the beginning. Cieszkowski sued Baldwin for assault, battery, legal fees and slander per se. In addressing a motion to dismiss the slander claim, the Court took a jurisprudential “deep dive” into the law of defamation, slander ( in general) and slander per se (in particular).

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Hotly Contested Upper West Side Coffee Pot Dispute

This was originally posted on the SGR Blog.

On August 27, 2015, Theodore Comando went to a  deli on the Upper West Side, owned by C.P. Yang Corp, to purchase a cup of coffee. He walked to the counter and lifted a coffee pot from the coffee burner. While lifting the pot, the bottom of the pot fell out, causing his legs and feet to be scalded with second degree burns.

Countering Comando’s version of the facts, the owner of the store, Keumyul Yang, stated in deposition testimony that he was not present during the incident but was told by his employee, Domingo Ogacion, that two coffee pots were involved, and that Comando was holding the right coffee pot and hit the pot into the left coffee pot, causing a hole in the side of the coffee pot that he was holding. However, when was deposed separately, Ogacion stated that Comando was holding the left coffee pot and the bottom fell out.

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MOTORCYCLE-INVOLVED ACCIDENTS RAISE COMPLICATED ISSUES AS TO LIABILITY, CAUSATION AND ALLOCATION OF FAULT

I cannot recall why and when I first started collecting the articles about motorcycle accidents; however, over time, I realized that lawsuits arising from such claims are very common (in retrospect, for obvious reasons, the inherent danger and risk of riding a motorcycle).  The causes raise a broad panoply of issues including proximate cause, helmet design and manufacture; and road and intersection signage and speed limits.  A few recent examples follow:

Caro v. Chesnick, 2017 NY Slip Op 07940 (1st Dept., November 14, 2017)

Supreme Court granted defendants’ motion for summary judgment dismissing the complaint.

The First Department briefly described the facts:

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SHOUT “FORE” BEFORE TAKING THAT “MULLIGAN”

Golf, like any other recreational activity, runs the risk of accidents on the course – and the resulting injuries often lead to “finger pointing” as to which golfer was at fault.  And the game also often raises predictable and unpredictable collateral disputes such as whether a golf club membership is property that can be seized by a judgment creditor; and claims for trespass and nuisance damages when golf balls land on an adjacent property.  Several recent examples follow:

MacIsaac v. Nassau County, 2017 NY Slip Op 05814, 2d Dept. July 26, 2017 Continue reading

Legal “Horse” and Other Tales

The Appellate Division, Third Department, recently issued decisions originating in Supreme Court, Saratoga County, one relating to the Workers’ Compensation Law and the other relating to a personal injury claim – that both had their origin from the riding of horses – and a third opinion, also originating in Supreme Court, Saratoga County, arising out of an automobile that was struck by a deer.

Carey v. Burton P. Schwab, 2014 NY Slip Op 08096 (decided on November 20, 2014) [Stein, J.]

The Court briefly summarized the facts:

[O]n May 24, 2008, defendant and two others rode three horses to a local tavern. While defendant — who was riding a horse he owned named Whiskey — was inside the tavern, Whiskey and another horse got loose from their restraints and took off. One of defendant’s companions went after the horses. Whiskey passed plaintiff and another individual, both of whom assisted defendant’s companion in trying to corral the horses. Whiskey was eventually restrained by defendant’s companion, who asked plaintiff to hold the reins. Plaintiff alleges that, as he was holding the reins, Whiskey head-butted him and stepped on him, causing plaintiff to lose consciousness and suffer injuries. Continue reading