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| Alig v. Parkway Parking of N. Y., Inc., 500422,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: In an action for personal injuries sustained when the wife slipped and fell on a broken drain cover, the owner was not entitled to summary judgment because there was evidence that the owner had constructive notice of the defect and there was evidence that the height differential was not trivial given the lighting and location of the drain.
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| Brown v. Bauman, 9797N,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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| IIG Capital LLC v. Archipelago, L.L.C., 7949, Index 603959/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Trial court properly denied account debtors' motion to dismiss a factor's action to collect on accounts receivable, because the factor presented evidence including receipts from a carrier which raised clear factual issues as to whether the factor mailed notice of the assignment of the accounts to the debtors as required by UCC 9-406.
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| Isaacs v. West 34th Apts. Corp., 8524, Index 105021/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided
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Overview: Trial court erred in denying landlord's summary judgment motion on the tenant's complaint alleging that he sustained burns when he passed out in his bathroom and was burned by an uninsulated pipe near his toilet; applicable law, Administrative Code of the City of NY § 27-809, did not require landlord to insulate exposed pipes.
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| Jeffries v. 3520 Broadway Mgt. Co., 9933-9933A, Index 108750/01,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Damages awards to plaintiff for pain and suffering were affirmed under CPLR 5501(c) because they did not deviate materially from what would be considered reasonable compensation as record showed plaintiff suffered daily from pain and that she demonstrated vasomotor changes, which confirmed the diagnosis of reflex sympathetic dystrophy.
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| Johnson v. Verona Oil, Inc., 500953,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Denial of the company's motion for summary judgment was affirmed because the injured passenger had sufficiently alleged all of the elements of a claim under General Municipal Law § 11-101 when it claimed that the company sold the minor driver the alcohol that caused his intoxication and contributed to the accident and injuries.
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| Kendle v. Town of Amsterdam, 500630,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Summary judgment was properly granted in favor of a town and fire department because the purchaser of a home which was damaged due to a fire department training exercise did not have title with possession on the day of the damage. Thus, the town had no duty to him, and he could not recover damages from the town who settled with the seller.
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| Lugo v. GE Capital Auto Lease, 8114, Index 27669/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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| Matter of Abdullah v. Goord, 500397,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: In CPLR art. 78 proceeding, court confirmed finding that inmate violated prison disciplinary rules because misbehavior report filed against him, together with supporting testimony, provided substantial evidence to support determination that inmate was guilty of assaulting staff, possessing weapons and an altered item, and refusing a direct order.
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