New York Law Blog

Slip and Fall Injury:

On June 30, 2009, an appellate court affirmed, with costs, a decision allowing a recovery for personal injuries arising out of a slip-and-fall.  Plaintiff Andrea Rodriguez slipped and fell in the lobby of the building where she was employed, due to a puddle of water that had accumulated on the tile floor.  Rodriguez asserts that “[a] lot” of rain was falling that morning, and that there were no mats or rugs on the lobby floor. After the plaintiff and her husband, suing derivatively, commenced this action, the defendants moved to dismiss the complaint on the ground that they neither created nor had actual or constructive notice of the hazardous condition.

The court noted, however, that “[a] defendant who moves for summary judgment in a slip-and-fall case has the initial burden of making a prima facie case that it neither created the hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it.” (Sloane v. Costco Wholesale Corp., 49 AD3d 522, 523 [internal quotations omitted]).  In this case, the defendants failed to meet their burden. Although they submitted the deposition testimony of their property manager and the plaintiff in support of their motion, they offered no evidence as to when the lobby floor was last inspected prior to the plaintiff’s accident.  Accordingly, the appellate division agreed with the trial court that the action could proceed and denied defendants’ motion to dismiss the complaint.
(Rodriguez v. Hudson View Associates, LLC, 2009 WL 1884844, N.Y.S.2d).

Workplace Injury:

A New York state appellate court recently affirmed a decision holding Duane Reade liable for a personal injury suffered by a mechanic working in one of its stores.  Mechanic Steven Weisman was injured when he fell from a beam he had been standing on in order to reach an inoperable heating, ventilation, and air conditioning (HVAC) unit located on the roof of a store leased and occupied by the defendant Duane Reade, Inc.  Weisman had been dispatched to the store in response to a “no-heat” call.
(See Weisman v. Duane Reade, Inc., July 14, 2009 WL 2032106 (N.Y.A.D. 2 Dep’t))

Summertime Injury:

The appellate division also recently recognized as valid a claim brought forth by a Brooklyn resident who was injured when an air conditioner fell from the window of a building owned by the defendants.  Although defendants attempted to dismiss the complaint on the grounds that it was the tenant living in the apartment who caused the air conditioner to fall when he was removing it from the window, the court ruled that because they “offered no evidence, other than inadmissible hearsay, as to why the air conditioner fell from the window” and “failed to show that they were not negligent in their initial inspection of the air conditioner’s installation,” they could still be held liable for the plaintiff’s injury.
(See Saunders v. 551 Galaxy Realty Corp., N.Y.S.2d, 2009 WL 1957389).

Updates on our Law Firm:

Michael T. Altman of Trolman, Glaser and Lichtman is currently representing Luis Cueto against Walgreen.  The action concerns an altercation between Cueto and employees of Walgreen.  The appellate court recently affirmed the trial court’s decision denying defendants’ request to conduct a psychiatric examination of Cueto.  The action is still proceeding.
(Cueto v. Walgreen, 880 N.Y.S.2d 526, June 16, 2009)

General Information about Trolman, Glaser & Lichtman:

For the past 40 years, the attorneys at Trolman, Glaser & Lichtman have successfully represented victims of medical malpractice, automobile accidents, workplace injuries and other personal injury accidents.  The firm has recovered millions of dollars for its clients, including a $14 million verdict for a woman who was seriously injured in an automobile accident due to faulty roadway construction, a $12 million settlement for two children who were severely burned by an unsecured gas range in their own apartment, and $4.9 million for a construction worker who suffered a serious back injury due to inadequate safety at a worksite.

Trolman, Glaser & Lichtman: Don’t settle for less!

The New York Times reports on the state of New York City hospitals and their record on reporting preventable mistakes, which was found to be the least dependable in the state. Although hospitals in the City’s five boroughs see roughly half the number of patients seen in the entire state,  it is believed that they are not properly reporting “adverse incidents”. Senior partner Jeffrey Lichtman:
 

New York City hospitals are the least reliable in the state at reporting preventable mistakes and adverse incidents for patients like heart attacks, blood clots, hospital infections and medication errors, according to a new report by the office of City Comptroller William C. Thompson Jr.  This inadequacy prevents our hospitals from identifying their systematic issues and improving their individual medical practices.  Our state must be far more diligent in enforcing penalties such as fines against hospitals which have failed to report accurately.  My hope is that these hospitals properly report preventable mistakes and adverse incidents so that they can improve their services to prevent medical malpractice from occurring.

Trolman, Glaser & Lichtman: Don’t settle for less!

Two landlords from the Bronx were found guilty of criminally negligent homicide for two firefighters that died after leaping from the window of a building that was burning out of control. Illegal partitions had been set up in the apartment building for subletting purposes which lead the firefighters to become disoriented while trying to escape the building. Jeffrey Lichtman talks about how the Wrongful Death laws play into the verdict on the case:

This case is another example of the dangerous practices landlords participate in all across our state, especially here in New York City.  The landlord and former landlord of this Bronx apartment building illegally subdivided apartments in order to achieve more rent.  This illegal partitioning creates a serious threat to the residents occupying the building as well as firefighters.  In this incident, the two firefighters had to jump from a window to escape the blaze.  The partitions left the firefighters disoriented forcing them to jump - ultimately to their deaths.  Firefighters risk their lives everyday to protect the lives of others - when illegal actions such as this cause unnecessary risks it is time we take action.  The verdict found both the landlord and former landlord guilty of criminally negligent homicide.  Though the verdict won’t bring back the lives of the two firemen it will serve those who caused the deaths significant punishment for their actions.  Once again, this case is an example of how our antiquated New York Wrongful Death law prevents full measure of damages.  The law does not allow compensation for the emotional loss and grief of loved ones left.  Albany must act.

Trolman, Glaser & Lichtman: Don’t settle for less!