Were Owners Liable for Injury to Exercising Patron? Nancy Titus allegedly sustained personal injuries while exercising on an elliptical machine in a gym owned by Bernard Bouchardy and Jessica South. Titus alleged that the left arm and foot pedal of the machine detached, “hinged out,” and caused her to be thrusted off the machine. Titus sued Bouchardy and South. The Supreme Court granted Bouchardy/South’s motion to dismiss the complaint. Titus appealed. Under the common law, a property owner, or a party in possession or control of real property, has a duty to maintain the property in a reasonably safe condition. A landowner has a… Read more

Was Manufacturer Liable For Failure to Warn? Serpentix Conveyor Corporation manufactured three conveyor machines to be placed in a New York City Department of Environmental Protection (DEP) facility. That facility was undergoing a renovation project which was being performed by WDF, Inc., as the general contractor, and various subcontractors. The conveyors were delivered and then altered by WDF by adding caster wheels to allow them to be moved. Gennaro Montello, who was employed by the DEP, allegedly was injured while one of the conveyors was being moved, and subsequently died as a result of his injuries. The decedent’s estate and his… Read more

Were Dynasty’s Owners Liable for Ensuing Injury? Cathy Orisini sought to recover damages for injuries allegedly sustained on February 14, 2017, when she was knocked down by a dog harbored by Woodrow Cromarty and Danielle Grunert outside their home on Columbus Avenue in West Babylon, New York. Orsini alleged that Cromarty/Grunert were negligent in failing to secure and allowing the dog to attack her, when they knew, or should have known, of the dog’s vicious propensities. According to her deposition testimony, Orsini was walking her son’s Chihuahua, named Eli, past the property owned by Cromarty on February 14, 2017, when a one-hundred-plus… Read more

Was Track Operator Liable for the Injury? Jasmine Serrano sued K1 Speed-N.Y. Inc. for injuries and damages at an indoor go kart racing facility. Serrano alleged that her injuries resulted from K1’s negligence, carelessness and recklessness, and failure to have adequate supervision and adequately trained staff. K1 moved for summary judgment on the grounds that Serrano’s primary assumption of risk constituted a complete bar to recovery. K1 submitted the pleadings, Serrano’s bill of particulars and the deposition transcripts of Serrano, non-party Jesse Utarid, Bryan Boesch, and Jordan Greene on behalf of K1, the accident report, go-kart inspection log sheet, an assumption… Read more

Was Crime Foreseeable/ Bank Liable for Injury? On August 30, 2010 Raya Takhalova allegedly suffered personal injuries and mental anguish as a result of a bank robbery from a customer at a bank operated by Apple Bancorp., Inc. The complaint alleged that Apple was negligent “in failing to utilize proper and adequate security devices, and [Apple] its agents, servant and/or employees were otherwise guilty of carelessness and negligence, both active and passive.” Apple moved for an order granting summary judgment and dismissing the complaint, contending that it should be awarded summary judgment given that the bank robbery was not foreseeable… Read more

Was Prohibition Against Wearing Headgear a Basis of Liability? Samantha Grieber sued to recover for personal injuries from multiple concussions sustained while participating in women’s lacrosse practice drills as a member of Hofstra University’s collegiate team. The first concussion occurred during a shooting drill on March 18, 2013, when a ball which was shot by another player and had missed the goal ricocheted off of nearby bleachers, striking Grieber in the back of the head. She was removed from play, examined by Athletic Trainer Robert DiMonda, and referred to team physicians. Grieber was ultimately cleared to return to play after… Read more

Court Patiently Parses Pet Peeves On October 27, 2018, Julie Hickson was walking her dog, Juno, through a neighborhood in the town of Chatham, Columbia County, when she approached a residence located at 144 Hudson Avenue. The residence was owned by Fredda Brown, who leased a portion of it to her daughter, Leah Brown-Oliva. Brown-Oliva had just exited the residence with her own dog, Josie, who was secured by a retractable leash. As Brown-Oliva was closing the door behind her, Josie began running toward Hickson and Juno, pulling the retractable leash out of Brown-Oliva’s grasp. Josie and Juno quickly became… Read more

Was Owner/Dram Act Implicated? Thomas Asher sought damages for injuries he sustained in December 2017 when Erik Walordy punched him in the head inside of the Local Ale House, a bar owned by Charter Pub Inc. located in Island Park, New York. Charter sought summary judgment dismissing the action. Asher, a frequent patron of the Local Ale House—he visited 3 or 4 times per week—arrived alone at the saloon approximately at midnight and proceeded to sit at the end of the bar to talk with his friend, Bob Mauro, and Mauro’s wife. The bar was not crowded at the time—a total… Read more

Would Court Enforce Restrictive Covenants? ASAPP, Inc. applied to the Court for a preliminary injunction enjoining Samuel Rowbotham from commencing employment with or otherwise providing consulting services to ASAPP’s competitor, Cresta Intelligence, Inc., for a period of one year. Rowbotham opposed the motion. Rowbotham served as a Director of Strategic Accounts at ASAPP, a technology company with approximately 300 employees whose software is designed to improve customer and employee experiences at call centers. ASAPP hired Rowbotham in April 2021, and he began work in May 2021. In connection with his employment, on May 5, 2021, Rowbotham signed an Employee Proprietary… Read more

Did Mark Deed Over Rights or Was He Ousted of Possession? Mark Belli sought the partition and sale of real property located at 466 76th Street in Brooklyn, claiming that he owned a 12.5% interest and that Belli, LLC, a limited liability company of which his brother Paul Belli was the sole member, owned an 87.5% interest. The LLC interposed an answer and asserted counterclaims, to quiet title, contending that Mark had transferred his interest in the property to Paul, who then transferred his interest to the LLC, or, alternatively, that the LLC had acquired title to the property by… Read more