201608.31
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Court Dismisses Plaintiff’s Complaint for Failure to Prosecute Medical Malpractice Claim

Plaintiff commenced a medical malpractice and wrongful death claim against Defendant.  More than one year after Defendant joined issue and served discovery demands, plaintiff failed to provide any discovery or a Verified Bill of Particulars.  We served plaintiff with a 90-day notice pursuant to CPLR 3216, demanding that she resume prosecution of her claim and…

201511.03
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Court Grants Declaratory Judgment In Favor of Insured in Coverage Dispute

Hastings Development, LLC, an insured under a policy issued by Evanston Insurance Company, sought coverage for a personal injury claim brought by an employee of another company who was injured while working on a mixing machine owned by Hastings. The insurance company denied coverage citing to the Employer Exclusion contained in the policy. We commenced…

201506.15
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PLAINTIFF’S SOLE RELIANCE ON HEARSAY FAILS TO ESTABLISH NOTICE

Plaintiff commenced an action claiming that she suffered personal injuries after an alleged slip and fall in our client’s store.  Defendant moved for summary judgment on the ground that Plaintiff could not establish notice.  In opposition, Plaintiff argued that she overheard individuals, whom she believed to be employed by defendant, speaking about a prior spill. …

201412.12
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Summary Judgment for Open and Obvious Rolled up Carpet

The plaintiff tripped and fell over a rolled up carpet that was lying in the aisle of our client’s store. Plaintiff admitted at his deposition that he had previously seen the carpet prior the accident. We moved for summary judgment on the grounds that the alleged condition was open and obvious and could have been…

201412.12
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SUMMARY JUDGMENT DISMISSING IMPROPERLY NAMED SUBSIDIARY

Plaintiff commenced an action against a subsidiary of the retail store where plaintiff’s accident occurred. We moved for summary judgment arguing that the defendant did not have responsibility over the retail store. The motion was granted. On appeal, the Appellate Division upheld the dismissal of plaintiff’s Complaint.

201412.12
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SUMMARY JUDGMENT IN TRIP AND FALL CASE

This case involved an accident where the plaintiff claimed she tripped and fell over the prongs of a pallet jack within an aisle of the defendant store. We moved for summary judgment on the ground that the unladen pallet jack, fluorescent green in color, was an open and obvious condition that was not inherently dangerous….

201412.12
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SUMMARY JUDGMENT GRANTED TO RETAILER IN SLIP AND FALL IN DETERGENT

This case involved an accident where the plaintiff claimed she slipped in dirty, sticky and dry laundry detergent in our client’s store. We moved for summary judgment on the ground that plaintiff could not establish notice, arguing that the plaintiffs’ observations about the condition of the spill were made when she returned to the accident…

201412.12
0

SUMMARY JUDGMENT GRANTED IN BLACK ICE CASE

Plaintiff sued our client, a large national retailer. He claimed he slipped and fell on black ice on the curb in front of the store during an ongoing ice storm. We moved for summary judgment on the ground that the defendants had no duty to remedy any icy conditions while the storm was in progress….