In a premises liability case involving a slip and fall, the New Jersey Appellate Division reversed the trial court’s grant of summary judgment to a business owner on the basis that the court failed to apply the mode-of-operation standard to the facts of the case. In Aly v. A&H Bagels (unpublished), the Appellate Court determined that the self-service nature of the bagel store required the court to examine the store’s duty of care differently because of the inherent hazard caused by that type of business operation. In this case, Defendant owned a bagel shop where customers purchased products, such as
Read More
NY Trial Court Enforces Vacancy and Water Damage Exclusions to Bar Coverage for Water Damage Claim
The Supreme Court-New York addressed a case where an insured sued an insurer after the insurer denied its claim for water damage to a restaurant caused by frozen pipe bursts in sprinkler pipes and domestic water lines. In Arrpei LLC v. Public Service Mutual Insurance Company (“Public Service”), the court granted summary judgment to the insurer on the basis that the policy’s Vacancy and Water Damage Provisions precluded coverage because it was undisputed that the restaurant had been vacant and without heat for several months before the loss. The facts regarding the loss are straightforward. Public Service’s policy contained a
Read More
New York Trial Court Finds Policy’s Personal Liability Endorsement Excludes Insurer’s Duty to Defend Insured in Underlying PI Suit
In an insurance coverage action regarding an insurer’s duty to defend or indemnify defendant property owners in an underlying personal injury suit, the New York County Supreme Court determined that the suit was excluded from coverage and entered default judgment in favor of the insurer. Defendants, although properly served by the insurer, failed to enter appearances, so the insurer brought a motion pursuant to CPLR 3215 for default judgment and presented competent evidence that it had no duty under the facts of the case and language of the policy to defend or indemnify the defendants because the property where the
Read More
Injured Plaintiff’s Case Doomed by Failure To Provide Evidence that Business Owner Had Actual or Constructive Notice of Dangerous Condition
In Sharif v. Dominant Domain, the NJ Appellate Division upheld the trial court’s grant of summary judgment to a business owner who was sued by a plaintiff injured in a slip and fall. Finding that plaintiff failed to offer competent evidence to demonstrate actual or constructive notice of a dangerous condition, the Court held that there was no genuine issue of material fact regarding notice of any hazard prior to plaintiff’s fall. In her deposition, plaintiff testified that she slipped and fell on ice while descending exterior stairs at the rear entrance of defendant’s commercial building. She had not seen
Read More
NJ Appeals Court Holds that Only Drivers Convicted of DWI are Barred from Filing Suit for Loss Under Statute
In Castano v. Augustine, the New Jersey Appellate Division faced the legal question of whether a statute precluding intoxicated motor vehicle drivers from filing negligence actions applied to a situation where an allegedly intoxicated driver was neither charged with nor pleaded guilty to Driving While Intoxicated (‘DWI”). The statute, N.J.S.A.39:6A-4.5(b), states as follows: “Any person who is convicted of, or pleads guilty to, operating a motor vehicle in violation of [N.J.S.A.] 39:4-50, [N.J.S.A. 39:4-50.4a],[1] or a similar statute from any other jurisdiction, in connection with an accident, shall have no cause of action for recovery of economic or noneconomic loss
Read More
New York Laborer Wins Summary Judgment Under Scaffolding Law for Injuries from Fall
A New York laborer won summary judgment against a property owner and general contractor under the “Scaffolding Law” (Labor Law § 240(1)) when he was injured after falling from a ladder. In Chornopyskyy v. 151 Ludlow Owner LLC, the Kings County Supreme Court entered summary judgment in plaintiff’s favor, holding that there was a violation of the Scaffolding Law that proximately caused plaintiff’s injuries. While the court noted that an accident alone does not establish a 240(1) violation, it found that plaintiff presented prima facie evidence to support his claim under the law. Plaintiff was working a construction project in
Read More
Another NJ Insured Loses Coverage Fight for Economic Losses Caused by Business Suspensions During Covid Pandemic
In Antone’s, A Bar 401, LLC v. American Property Insurance Company, the insured filed a declaratory judgment action seeking coverage for business losses that arose after New Jersey’s governor declared a state of emergency for the Covid pandemic and issued Executive Orders suspending the operations of non-essential businesses. The insurance policy at issue had coverage provisions for business interruption and losses caused by civil authority, as well as a virus exclusion. Relying on its decision on Mac Property Group v. Selective Fire & Casualty Insurance Company, which involved similar facts and legal issues, the court affirmed summary judgment in the
Read More
New York Court Applies Storm-in-Progress Doctrine and Grants Summary Judgment for Property Owner in Slip and Fall Case
A New York State Court has granted defendants’ motions for summary judgment in a slip and fall case after application of the “ongoing storm” or “storm-in-progress” doctrine. The Court held that property owners, tenants-in-possession, and snow removal contractors are not liable for accidents caused by snow or ice that accumulates during a storm until a reasonable amount of time has passed following the cessation of the storm. Further, the Court held that a brief “lull” in the severity of a continuing storm does not impose a duty to remove the snow and ice until the storm ceases in its entirety.
Read More
NJ Appellate Court Reiterates That the Existence of a Duty of Care Is a Question of Law for the Court
A New Jersey Appellate Court has again reversed a lower court’s denial of a defendant’s summary judgment motion in a personal injury negligence case because the trial court mistakenly decided that genuine issues of material fact needed to be determined by the jury as to whether defendant owed plaintiff a duty of care. Reiterating well-established New Jersey case law, the Court held that the determination of whether a duty is owed is a question of law that needs to be decided by the judge, not a jury at trial. In Rivera v. Cherry Hill Towers, plaintiff filed suit against Cherry
Read More
Social Host and Pool Party Guest Not Negligent in Drowning Death of Voluntarily Intoxicated Adult
A New Jersey Appellate Court reversed the denial of summary judgment to defendants in a wrongful death case involving the accidental death of an intoxicated man at a residential pool party. In Delvalle v. Trino, a visibly intoxicated 26-year-old man drowned after jumping into a pool with a friend at a birthday party. While efforts were made to rescue him, resuscitation was ultimately unsuccessful. His parents, individually and as administrators of their son’s estate, filed suit against the owners of the home and their son (the “Trinos”), as well as several party attendees, including Kevin Garcia (“Garcia”) for negligence, intentional
Read More
- «Previous Page
- 1
- 2
- 3
- 4
- 5
- …
- 19
- Next Page»
