Was Resulting Injury Caused by Tavern’s Negligence? Reisa Forster suffered injuries when the door of the bar and grill known as Flatiron Hall, owned by 38 W. 26th St. Restaurant Corp., allegedly slammed on her right ring finger. The bill of particulars alleged that Flatiron failed to maintain the door, which was heavy, causing it to slam back on Forster’s hand. Flatiron Hall moved for summary judgment dismissing the complaint, arguing that the door was not defective. Further arguing that there was no notice of any alleged defective condition and that Forster’s conduct was the sole proximate cause of her… Read more

Buyer’s Claim of Justifiable Reliance Meets Defense of Caveat Emptor On June 21, 2006, Yama Rahimzada entered into a contract to sell to R. Vig. Props., LLC three improved commercial properties for the sum of $20.4 million. The sale closed on December 20, 2006. On December 18, 2012, RVP sued Rahimzada to recover damages for fraud and deceit, misrepresentation and breach of contract. RVP alleged that Rahimazada represented that one of the properties, located in Valatie, NY, was primarily occupied by a master tenant pursuant to a self-sustaining triple-net master lease. RVP contended that Rahimzada withheld certain facts relating to the… Read more

What Was Legal Consequence of Premature Disposition of Damaged Tanks?  Dagro Assoc.II, LLC sued four Getty and Chevron companies to recover damages for a violation of Navigation Law § 181. The law establishes a cause of action for damages resulting from an oil or petroleum spill. Dagro alleged that storage tanks were damaged by a spill. The oil companies moved to strike Dargo’s third amended complaint on the ground of spoliation of evidence. In support of the motion, they asserted that they were deprived of the opportunity to inspect the storage tanks because Dagro disposed of the tanks after its… Read more

Was Landlord’s Conduct Actionable/Sanctionable? On August 11, 2021, Arlene Marie Karole filed a small claims action against 340 West End Ave, LLC, seeking $3,851.89 in damages for, among other things, the failure to return a security deposit for an apartment which Karole had leased from West End. The Court conducted a nonjury trial from 10:25 a.m. and concluding at 12:25 pm. Karole appeared virtually via MS Teams. And West End appeared in person by Steven Kirschner, the president of Kay Equities, the management company of the apartment building. The trial was held on the record via FTR recording in Room… Read more

Did Conduct Alleged Support a Claim For Punitive Damages? Frank A. Nazzarro commenced an action for alleged personal injuries sustained after Anthony Salvatore backed his dump truck into him while at a gas station. Nazzarro then moved to amend the complaint to add a claim for punitive damages due to Salvatore’s “dangerous, reckless and careless manner” in operating the dump truck and his “conscious, wanton disregard for [Nazzarro’s] safety” and the safety of others. Supreme Court granted the motion. Salvatore appealed. The Court affirmed– finding that Salvatore’s assertion that his conduct did not rise to the level of reprehensible misconduct… Read more

Was City on Actual/Constructive Notice of Dangerous Condition? Michael Hegeman alleged that, on June 17, 2018, at approximately 11:45 a.m., he arrived at a soccer field in a public park owned by the City of Newburgh. His son’s soccer team was scheduled to play a game on that field. After he arrived, Hegeman went over to an area with bleachers and saw broken glass bottles all over the ground in that area. He became concerned, because his son and his son’s teammates would be in that area, so he and some other parents and coaches started picking up the broken… Read more

Would Court Decide Who of Many Actors Was Responsible for the Accident? Rose Wettreich was injured when the automatic sliding doors in the vestibule of Shoprite of Commack, LLC closed on her as she was exiting the supermarket using a walker. Wettreich was knocked down and sustained a fractured hip that required surgical repair. Litigation ensued and the parties in interest remaining in the matter were Shoprite, Stanley Security Solutions, Inc., Stanley Access Technologies, LLC, and Mackenzie Automatic Doors, Inc. Wettreich’s claims appeared to rest upon the theory of failure to properly maintain, control, and inspect the operation of the… Read more

Were Words Protected by Common Interest Privilege? Stuart Bass, a Hofstra University professor, alleged that he was defamed by another Hofstra professor, Glenn Vogel, and a former Hofstra student, Marium Chubinidzhe. They moved to dismiss on the grounds that the complaint failed to properly detail the alleged defamatory statements and because their actions, in all events, were shielded by the “common interest” privilege. The complaint alleged that Bass and Vogel are both Professors of Legal Studies at Hofstra’s business school. Bass has taught multiple “double-section” classes—i.e., classes attended by more than 55 students—which are highly coveted by the faculty because the remuneration… Read more

Owner Moved to Reargue Court’s Denial of Relief Sought Against Co-op/Board Yetta Kurland is the proprietary lessee and shareholder of apartment 5C at 161 West 16th Street, New York, New York. 161 West 16th St. Owners Corp. is a cooperative housing corporation, which owns the building. According to Kurland, the Board of Directors of the co-op manages all maintenance and affairs of the building. Kurland alleged in her complaint that she had undertaken a renovation project with respect to the apartment. The project included improvements to a portion of the roof area directly appurtenant to the unit– and to which the… Read more

Did Proprietor Create/Allow Dangerous Condition? Judi Nelson sued to recover damages for injuries she allegedly sustained when she tripped and fell at AMF Babylon Lanes, a bowling alley located at 430 Sunrise Highway, West Babylon, New York. In her bill of particulars, Nelson alleged that she tripped and fell due to a “defective and dangerous condition” at lane number 47. AMF moved for summary judgment in its favor, arguing that it did not create the alleged dangerous condition, and did not have actual or constructive notice thereof. In support of its argument, AMF submitted copies of the pleadings, transcripts of the parties’… Read more