Was County Liable to Injured Prisoner? Henry Concepcion-Ramos, an inmate, sued the County of Westchester alleging negligence for injuries purportedly sustained when he became embroiled in an altercation with another inmate at the Westchester County Jail. The day prior to the assault, at approximately 10:00 p.m., Ramos was pushed and thrown to the floor by an inmate named Mercedes. At his deposition, Ramos testified that all the inmates within the dormitory area witnessed the altercation. On the following day, Ramos testified that he reported the incident involving Mercedes to a corrections officer and requested to be moved to a different dormitory… Read more

Was Stable Operator Liable for Injury? Maritza Donohue sued Netherwood Acres, LLC for negligence arising out of a horseback riding incident. The complaint alleged that Donohue was riding on a trail ride, when she was “caused to be thrown from the horse and fall to the ground by reason of the negligence of [Netherwood] thereby sustaining severe and serious personal injuries.” Donohue alleged that Netherwood failed to properly train the horse, provide her with the appropriate saddle, or properly match a horse with its rider. She alleged that she expressed warnings to Netherwood’s employees about the horse’s actions, and claimed… Read more

Was DOB Finding That Violations Existed Dispositive  in Parallel Nuisance Claim? 1143 Fifth, LLC owns the seven-story building located at 1143 Fifth Avenue, New York, and was in the process of adding an eighth floor so as to create a duplex penthouse apartment with a large terrace. 1148 Corporation owns the 13-story building directly to the north of 1143 at 1148 Fifth Avenue, New York and that building’s southern façade has multiple windows overlooking 1143’s penthouse terrace-to-be. The LLC sued the Corp., alleging five causes of action: (1) nuisance; (2) trespass; (3) negligence; (4) RPAPL § 871; and (5) New… Read more

Was Owner of Home Housing Dog Owned by Tenant Liable for the Injury? Cassandra Lawrence was allegedly injured while living at 289 First Street in Newburgh, New York, when she was bit by a dog owned by Tony Euceda. Lawrence sued Euceda and was awarded money damages as against Euceda after he defaulted in the action. Lawrence then sued Brandon Tobal, the owner of the premises at which Euceda (and the dog) were living at the time of the incident. Tobal moved for summary judgment dismissing the complaint on the ground that he lacked notice that the dog had vicious propensities…. Read more

Was Affidavit of Deceased Process Server Admissible/Dispositive? First American Investment Company obtained a default judgment against Orlando Fabian in Civil Court in the Bronx. Fabian moved to vacate the judgment on the ground he had not been served with process. The Court ordered a traverse hearing to determine whether or not Fabian had been served. Before the commencement of testimony, the Court heard two applications by the parties: First American’s application to cancel the traverse hearing in light of the process server’s death, and Fabian’s application to exclude the now-deceased process server’s affidavit of service that was the impetus of the… Read more

Was Buyer’s Claim Barred by “Caveat Emptor”? Bethany Ralph (an attorney representing herself) sued George Cole and George Cole Auctions, Inc. (represented by counsel) for $655.00 (cost of urns purchased online at auction) and $200.00 (cost of pick-up and delivery of the urns), for a total of $855.00. Suit was filed, and the action went to trial in the Justice Court of the Village of Red Hook. Ralph alleged that Cole/Auctions offered two urns for sale at an online auction. Ralph participated in the online auction rather than going in person, due to the danger of infection by the Coronavirus…. Read more

Court Asked to Find Easement by Implication/Necessity Residential Lot A in Woodside, New York, owned by John Bonadio, is situated perpendicular to residential Lot B, owned by Elizabeth Bonadio. The two lots share a border. Lot A has a detached two-car garage, the entrance to which faces a driveway situated on Lot B. John’s father (Richard) acquired title to both lots in 1953, and used the driveway on Lot B to access the garage on Lot A. In 1962, Richard conveyed title to Lot B to himself and his wife, Jane (Elizabeth’s mother). Also, in 1985, Richard similarly conveyed title… Read more

Did Canine Have Known Vicious Propensity to Leap? Thomas Cinguina was bitten by a dog owned by Gayle Berg while delivering a package to Berg in the course of his employment as a United Parcel Service (UPS) delivery driver. He was injured when he then fell while trying to get away from the dog. Cinguina’s complaint alleged strict liability and negligence or reckless disregard. Berg moved for summary judgment and submitted the deposition testimony of Cinguina, herself, and her husband. She particularly relied on the portions of Cinguina’s testimony in which he stated that at the time of the incident,… Read more

Were Trucker, County, or Police Liable for Driver’s Death? A negligence/wrongful death action arose from a motor vehicle accident in which decedent, Daniel Krehl, drove into the rear of a tractor trailer parked on the shoulder of Montauk Highway, Suffolk County, New York. William Siberio owned and operated the tractor trailer. The Estate sued Siberio, Suffolk County, the Suffolk County Police Department (SCPD) and Police Officer Anthony W. Mills. Siberio asserted that he was free from any liability and the sole proximate cause of the accident was due to Krehl’s speeding and driving while intoxicated at approximately 2:35 a.m., under… Read more