Reported appellate decisions - prior results do not guarantee a similar outcome

  1. Hunt v. Pierce Mfg, Inc., 298 AD2d 430, 748 NYS2d 603, 2002 N.Y. Slip Op. 07424 (2nd Dept. 2002)(permitting  defendant to amend answer to assert cross-claims unrelated to plaintiff's complaint).
  2. Baher v. Shelter Express, Inc., 298 AD2d 320, 748 NYS2d 859, 2002 N.Y. Slip Op. 07875 (1st Dept. 2002)(dismissing complaint for slip-and-fall on ice against bus shelter maintenance company).
  3. Pavlou v. City of New York, 300 AD2d 120, 752 NYS2d 619, 2002 N.Y. Slip Op. 09345 (1st Dept. 2002)(dismissing claim arising out of crane collapse under Labor Law § 240 but denying summary judgment under § 241(6), lv app denied, 2009 N.Y. Slip Op. 61927(U) (1st Dept.) and  2009 N.Y. Slip Op. 74750 (2009)
  4. Stone v. Long Island Jewish Medical Center, Inc., 302 AD2d 376, 754 NYS2d 352, 2003 N.Y. Slip Op. 10712 (2d Dept. 2003)(dismissing complaint for slip and fall against hospital and its housekeeping services management company).
  5. Seven Acre Wood Street Assoc., Inc. v. Town of Bedford, 302 AD2d 511, 755 NYS2d 257, 2003 Slip Op. 11369 (2d Dept. 2003)(dismissing action for preliminary injunction against property owner who allegedly increased the flow of water across his property).
  6. Amin Realty, LLC v. K&R Construction Corp., 306 AD2d 230, 762 NYS2d 92, 2003 N.Y. Slip Op. 14628 (2d Dept. 2003)(economic loss rule required dismissal of complaint against remote supplier of allegedly defective concrete which delayed construction of office building).
  7. Meade v. Rock-McGraw, Inc., 307 AD2d 156, 760 NYS2d 39, 2003 N.Y. Slip Op. 14801 (1st Dept. 2003)(denying partial summary judgment on liability under Labor Law § 240(1) to worker who broke ankle while using A-frame ladder in closed position).
  8. Mohmand v. Shorenstein Realty Investors Two, LP, 307 AD2d 918, 762 NYS2d 900, 2003 N.Y. Slip Op. 16299 (2d Dept. 2003)(dismissing complaint by employee of cleaning company who was assaulted by car thieves in Garden City parking garage).
  9. Gilbert v. Kingsbrook Jewish Medical Center,  4 AD3d 392, 771 NYS2d 399, 2004 NY Slip Op 00638 (2d Dept. 2004)(refusing to dismiss complaint by deliveryman who allegedly injured wrist in 1927-era bi-parting Peele elevator door even though all inspections were current and no violations had been reported).
  10. Bodden v. Mayfair Supermarkets, 6 AD3d 372, 773 NYS2d 905, 2004 N.Y. Slip Op. 2525 (2d Dept 2004)(dismissing complaint for injury suffered when plaintiff pushed open automatic door from behind and attempted to step through opening).
  11. Pavlou v. City of New York, 21 A.D.3d 74, 797 N.Y.S.2d 478, 2005 NY Slip Op 05419 (1st Dept 2005) (rev'g order granting new trial on the issue of proximate cause after jurors expressed remorse that their verdict had unexpectedly deprived plaintiff of substantial recovery), aff'd , 8 NY3d 961, -- NYS2d --, 2007 NY Slip Op 03796 (May 3, 2007) (holding that jury verdict was not inconsistent and App. Div. did not abuse its discretion in reversing order granting new trial).
  12. Greene v. Mullen, 39 A.D.3d 469, -- N.Y.S.2d --, 2007 N.Y. Slip Op. 02885 (2d Dept 2007)(affirming order compelling plaintiff to accept untimely answer).
  13. Hageman v. Home Depot, 45 A.D.3d 732, -- N.Y.S.2d --, 2007 N.Y. Slip Op. 09206 (2d Dept., Nov. 20, 2007)(holding that Georgia law on contractual indemnification does not offend the public policy of New York, but otherwise affirming the denial of defendant's motion for summary judgment). See also 2007 N.Y. Slip Op. 09205.
  14. Fuchs & Bergh, Inc. v. Lance Enterprises, Inc., 48 A.D.3d 626, -- N.Y.S.2d --, 2008 NY Slip Op 01497 (2d Dept., Feb. 19, 2008)(reversing judgments for plaintiff and granting new trial on damages in oil spill case).
  15. Williams v. NYCHA, 56 A.D.3d 361, 2008 N.Y. Slip Op. 09187 (1st Dept. 2008)(no duty to prevent criminal assault with firearm in outdoor common area of housing development).
  16. Braun v. Sid's 2nd Avenue Bike Shop, 58 A.D.3d 529, 2009 N.Y. Slip Op. 00299 (1st Dept. 2009)(suit by sitting Justice of the Supreme Court in New York County should be transferred out of NYC to Westchester Co.).
  17. Yavkina v. New York City Police Dept., 60 A.D.3d 669, 2008 N.Y.Slip Op. 01640 (2d Dept. 2008)(operator of double-parked delivery truck failed to establish freedom from negligence).
  18. Sullivan v. Bruckner Plaza Associates, 62 A.D.3d 417, 2009 N.Y. Slip Op. 03613 (1st Dept. 2009)(questions of fact precluded summary judgment in trip and fall case even though plaintiff's expert did not cite any regulations or industry standards in support of his opinion that curb at entrance to rooftop parking area was a trap).
  19. Progressive Northeastern v. Gibson, 62 A.D.3d 804, 2009 N.Y. Slip Op. 03909 (2d Dept. 2009)(out-of-state insurer of offending vehicle established that its policy was effectively cancelled under South Carolina law before the date of  the accident).
  20. Narvaez v. NYCHA, 63 A.D.3d 419, 2009 N.Y. Slip Op. 03615 (1st Dept.), lv denied, - N.Y.3d - , 2009 N.Y. Slip Op. 82261 (2009)(res ipsa loquitur does not apply to allegations that elevator door with mechanical safety edge closed too quickly on infant plaintiff).
  21. Lee v. Astoria Generating Co., 2007 NY Slip Op 34371(U), rev'd, 55 A.D.3d 124, 2008 N.Y. Slip Op. 06583 (1st Dept. 2008), rev'd 13 N.Y.3d  382, 2009 N.Y. Slip Op. 08669 (2009)(LHWCA, 33 U.S.C. s. 905(b), expressly preempts Labor Law §§ 240 and 241 in suit arising out of workplace injury on floating power station).
  22. Ashjian v. Orion, 70 A.D.3d 738,  2010 N.Y. Slip Op. 00911 (2d Dept. 2010), modifying 16 Misc.3d 1115(A), 2007 N.Y. Slip Op. 51425  (Kings Co.)(following Lee).
  23. Greene v. Mullen, 70 A.D.3d 996, 2010 N.Y. Slip Op. 01615 (2d Dept. 2010)(affirming order imposing limited sanction on defendant for failure to appear for deposition).
  24. Pickett v. Federated Dept. Stores, Inc., 79 A.D.3d 1116, 2010 N.Y. Slip Op. 09902 (2d Dept. 2010)(restoration of injury case after eight years of inactivity barred by laches)(subsequently overruled).
  25. Dones v. New York City Housing Authority, 81 A.D.3d 554, 2011 N.Y. Slip Op. 01348 (1st Dept. 2011)(defendant failed to meet its burden in motion for summary judgment in slip-and-fall case).
  26. Isaac v. 151 Macombs, LLC, 84 A.D.3d 457, 2011 N.Y. Slip Op. 03717 (1st Dept. 2011)(reversing denial of summary judgment in trip-and-fall due to alleged elevator misleveling).
  27. Stolowski v. 234 E. 178th Street, LLC, 89 A.D.3d 549, 2011 NY Slip Op 08222 (1st Dept. 2011).
  28. Gray v. Wackenhut Services, Inc., 446 Fed. Appx. 352 (2d Cir. 2011)(not selected for publication in the Federal Reporter)(automobile accident with barrier at West Point).
  29. Melchor v. Singh, 90 A.D.3d 866, 2011 N.Y. Slip Op 09287 (2d Dept. 2011)(partial summary judgment for plaintiff under Labor Law 240).
  30. Velez v. New York City Housing Authority, 91 A.D.3d 422, 2012 N.Y. Slip Op 00015 (1st Dept. 2012)(defendant failed to meet its burden in motion for summary judgment in slip-and-fall case).
  31. Cabrera v. New York City Dep't of Education, 92 A.D.3d 457, 2012 N.Y. Slip Op 00834 (1st Dept. 2012)(question re constructive notice prevented summary judgment in premises liability case).
  32. Quinones v. Federated Dep't Stores, Inc., 92 A.D.3d 931, 2012 NY Slip Op 01597 (2d Dept. 2012)(end user not liable for defectively manufactured chair).
  33. Tzic v. Kasampas, 93 A.D.3d 348, 2012 N.Y. Slip Op. 01632 (1st Dept. 2012)(sidewalk shed accident).
  34. Butler v. Quest Property Management, 95 A.D.3d 678, 2012 N.Y. Slip Op. 03946 (1st Dept. 2012)(cable tv installer not altering building and thus not protected by Labor Law 240).
  35. Vazquez v. Diamondrock, 100 A.D.3d 502, 2012 N.Y. Slip Op. 07768 (1st Dept. 2012)(out-of-possession owner's liability for elevator accident).
  36. Durando v. City of New York, 105 A.D.3d 692, 2013 N.Y. Slip Op. 02214 (2d Dept. 2013)(Labor Law issues in shipyard accident).
  37. Boyd v. New York City Housing Authority, 105 A.D.3d 542, 2013 N.Y. Slip Op. 02507 (1st Dept. 2013)(premises liability).
  38. Antrobus v. Bernhow Realty, LLC, 107 A.D.3d 749, 2013 N.Y. Slip Op. 04301 (2d Dept. 2013)(workers compensation defense).
  39. Gatehouse v. New York City Housing Authority, 109 A.D.3d 457,  2013 N.Y. Slip Op. 05556 (2d Dept. 2013)(laches dismissal not permitted by CPLR 3216)(overruling Pickett).
  40. Feliciano v. New York City Housing Authority, 123 A.D.3d 876, 2014 N.Y. Slip Op. 08807 (2d Dept. 2014)(failure to serve notice of claim).
  41. Great Northern Ins. Co. v. Estelle Irrigation, 124 A.D.3d 431, 2015 N.Y. Slip Op. 00283 (1st Dept. 2015)(water  damage to tenant's personal property).
  42. Dorador v. Trump Palace Condominium, 126 AD3d 403, 2015 N.Y. Slip Op. 02423 (1st Dept. 2015)(maintaining exterior brass constitutes "cleaning" under Labor Law 240).
  43. Bell v. Greater New York Conference, (No. 15-2867, 2d Cir., Apr. 18, 2016)(ministerial exception to Title VII).
  44. Puello v. New York City Hous. Auth., 2017 N.Y. Slip Op. 04158 (2d Dept. May 24, 2017)(theories of liability were fairly implied by notice of claim).

Pending appeals