Feldman, Kronfeld & Beatty Law Blog

Thursday, October 1, 2015

1st Judicial Department, Appellate Division Roundup: September 29, 2015 Edition

The 1st Department is issuing a significant number of decisions against, but most of them on September 29, 2015 dealt with criminal appeals. However, there were a few cases involving personal injuries:

Golubowski v. City of New York, et al. and 150 Williams Street Associates, L.P. et al.

The plaintiff, a plumber, was dismantling pipes in a building owned by the defendant, 150 Williams Street. He was on a ladder, and a leaky overhead sprinkler system was dripping water down on top of him. The ladder became wet and slippery, and he slipped and fell and sustained personal injuries. The plaintiff won his summary judgment motion, because the defendants provided him the ladder, and the scaffold that the defendants already provided was in use by plaintiff's co-worker and unavailable for the particular project.

In re Jacobs v. New York State Division of Human Rights

On July 17, 2013, the New York State Division of Human Rights found that Mr. Jacobs had engaged in housing discrimination based on age and discrimination, and had caused mental pain and suffering and punitive damages to the woman that was discriminated against. In all, Jacobs had to pay $75,000.00 in damages, $20,000.00 to the woman he discriminated against. Furthermore, it was confirmed that compensatory damages for mental pain, suffering, and anguish in a housing discrimination case was proper.

PRACTICE TIP: Kenneh v. Jey Livery Service

This case arose out of a discovery dispute in a personal injury action. Jeh Livery Service had filed a motion demanding that plaintiff provide HIPAA-compliant authorizations for production of medical records relating to the plaintiff's pre-existing diabetic condition. The plaintiff, however, never put his diabetic condition at issue by arguing anxiety or other symptoms following the accident. The plaintiff only alleged injuries to his right knee, shoulders, and spine. Therefore, the 1st Department found that the discovery relating to the diabetic condition was improper and affirmed the denial of the defendant's motion.

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