Feldman, Kronfeld & Beatty Law Blog

Wednesday, March 30, 2016

2d Department Appellate Roundup: Cases of Interest

Two cases are of particular interest, both decided today:

In Chilinski v. LMJ Contracting, Inc., Mr. Chilinski, a welder, fell through a purposely designed opening in a platform floor that had temporarily covered with a piece of plywood. The platform was erected as part of the installation of an oven at a commercial bakery. The owner of the property, United, moved for summary judgment, but failed to establish that the plaintiff's accident arose solely from the method or manner of the work performed and not from a dangerous condition of the premises. It failed to demonstrate that it was not negligent in connection with the plaintiff's accident. However, one of the contractors was able to submit evidence that it was not involved with constructing the plywood cover and that it did not direct, supervise, or control the work giving rise to Mr. Chilinski's injury.

In Fiore v. Plainview Plaza, Ms. Fiore, slipped and fell on a four-inch thick patch of ice in a parking lot. The defendant moved for summary judgment, but the plaintiff submitted an affidavit stating with a reasonable degree of engineering certainty, the parking lot had been paved at too flat a grade to properly drain. The plaintiff had therefore raised a triable issue of fact as to whether the parking lot was defectively designed, and thus allowed water to pond in the area where she fell.

If you are injured in a slip-and-fall or in a construction accident, contact the experienced personal injury attorneys at Feldman, Kronfeld & Beatty today for a free consultation at (212) 425-0230 or at

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