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| Bernadette Panzella, P.C. v. De Santis, 2006-01796, 2006-01798, 2006-03744, (Index No. 100157/05),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Order awarding attorney's fee to former attorney was affirmed as assignment executed by attorney and client clearly defined attorney's obligations to pay doctor for treatment of client from proceeds of any settlement. Attorney's action in seeking to remove doctor's commercial small claims action was frivolous under 22 NYCRR 130-1.1.
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| Blackwood v. New York City Tr. Auth., 40, Index 18908/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 23, 2007, Decided , January 23, 2007, Entered
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Overview: In a personal injury case, there was no evidence that defendants had actual or constructive notice of a puddle or depression on the floor of a bus that allegedly caused plaintiff to slip and fall as she attempted to sit down. There was no evidence the condition existed for a sufficient time to permit transit authority employees to remedy it.
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| Blue Ridge Ins. Co. v. Biegelman, 2006-00850, (Index No. 14185/04 ),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Denial of insurer's summary judgment motion was reversed as insurer was not obligated to indemnify insureds, or to contribute to costs of environmental remediation in connection with leakage of oil from underground storage tank on insureds' premises, as broker's mistake in notifying wrong carrier of occurrence was not valid excuse for late notice.
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| Bouima v. Dacomi, Inc., 2005-11595, (Index No. 28804/98),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Denial of out-of-possession landlord's summary judgment motion was proper as lease contained reservation of landlord's right of entry. Subtenant's expert's affidavit raised triable issue as to whether alleged dangerous condition constituted violation of Administrative Code of the City of NY § 27-357 and significant structural or design defect.
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| Brooks v. Sunben Realty, Inc., 2005-11043, 2006-03339, (Index No. 22228/03),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Appeal of summary judgments dismissing a complaint against an owner and an electric company was dismissed as a pedestrian filed no opposition papers to the owner's summary judgment motion, and since the complaint was dismissed upon the pedestrian's default, under CPLR 5511, the pedestrian could not appeal the dismissal.
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| Central Synagogue v. Hermitage Ins. Co., 2005-05375, (Index No. 20084/01),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Supreme court properly determined plaintiffs failed to establish prima facie entitlement to judgment as matter of law on claim against subcontractor's insurer, as there were unresolved issues of fact as to whether ramps were constructed by subcontractor as an incident to the performance of covered operations.
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| Cervino v. Gladysz-Steliga, 2005-10738, (Index No. 16212/02),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: In personal injury case, defendants' cross-motion for summary judgment was properly granted because claimants did not establish that they sustained serious injury under Insurance Law § 5102(d) as result of auto accident by providing sufficient medical evidence that accident caused their injuries or rendered them unable to perform daily activities.
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| Chou v. A to Z Vending Serv. Corp., 2005-07105, (Index No. 22936/01 ),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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| Collins v. Laro Serv. Sys. of N.Y., Inc., 2005-09020, (Index No. 5496/03),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Defendant cleaning company received summary judgment on plaintiff's personal injury claim, as it was mere speculation that the substance upon which plaintiff slipped in a supermarket was the same as the cleaning product used by the cleaning company or that it was the cleaning company which negligently put that substance on the floor.
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