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

Court Examines Claim for Breach of Fiduciary Duty Litigation arose from the alleged theft by Ruth Treglia of more than $2 million from Cora Tanner, an 85 year-old widow, between April 2013 and December 2015, while Treglia was employed as Tanner’s personal bookkeeper. Tanner was retired, had no children, and supported herself with savings that she and her late husband accrued from work. In December 2012, Tanner suffered a physical collapse as a result of an alcohol induced neuropathy rendering her unable to walk, bathe, dress, cook, and other tasks, or manage her financial affairs. She was subsequently diagnosed with… Read more

Was There Liability for Almost $1M Façade Repair? The owner of an apartment in a residential co-op has every right to sue the board and managing agent for a perceived breach of the proprietary lease or for breach of fiduciary duty. But sustaining a claim may be easier said than done. And, as recent case illustrates, a shareholder’s claim arising out of an almost one-million-dollar façade repair was tested at the outset by several threshold legal defenses. Bernard Weinstein, a resident in a cooperative apartment building owned by 12282 Owners’ Corp., asserted claims against the Co-Op’s Board of Directors and… Read more

Was Contract Enforceable/Barred Under the Statute of Frauds? On January 23, 2006, Yaron Cohen, as purchaser, and Vivian Holder, as seller, executed a document purporting to be a contract for the sale of a four-family brownstone located in Brooklyn, for the purchase price of $300,000. But the document, which was provided by Cohen, did not indicate the date or place of the closing. About 17 months later, Cohen sent a letter to Holder setting a time of the essence closing date of May 22, 2007. The closing did not occur on that date and Cohen commenced an action seeking specific… Read more

Was Father Liable For Injury to Third Party? Hugo Rodriguez sued Robin Sanchez and his father, Roman Sanchez. The undisputed facts were simple. Robin was driving his father’s van when he hit Rodriguez’s car. Robin claimed that Rodriguez rolled into his car, a claim which Rodriguez dismissed as patently false. Robin fled from the scene, only returning when Roman was able to reach him, after the police contacted his father. Roman moved for summary judgment dismissing the complaint as against him. The basis for Roman’s motion was that he claims that his son was driving the vehicle without his permission,… Read more