New York Court Applies Doctrine of Estoppel Against Inconsistent Positions and C.P.L.R. Section 105(u) to Dismiss Civil Lawsuit Against a City ContractorPosted: July 20, 2015
Pisciotti Malsch recently secured summary judgment for its client, a construction company, based upon the doctrine of estoppel against inconsistent positions and C.P.L.R. § 105(u).
Plaintiff, a passenger in a car, brought suit against the City of New York and its contractor due to a one-car accident allegedly caused by the contractor’s negligent work in a construction zone. Through investigation, it was discovered that Plaintiff had previously brought suit against the driver of the automobile and in a Verified Complaint, the plaintiff had alleged that “the aforesaid motor vehicle collision was caused solely by the negligence of the [driver] in the ownership, management, operation, maintenance, and/or control of the motor vehicle.” This lawsuit was settled for the full policy limits ($25,000). Read the rest of this entry »
“Joint Employment” Argument Utilized to Secure Dismissal of Personal Injury Lawsuit Pursuant to New Jersey’s Workers’ Compensation ActPosted: July 17, 2015
In a recent case in Hudson County, New Jersey, Pisciotti Malsch successfully argued that a plaintiff’s civil lawsuit against its client was barred pursuant to New Jersey’s Workers’ Compensation Act.
The plaintiff was employed as a maintenance worker for a nonprofit organization (the Charity) that supports and provides assistance to developmentally disabled adults. The Charity leased a building on the property owned by Pisciotti Malsch’s client (the Church). While repairing a wheelchair ramp leading to the Charity’s offices, the plaintiff fell and suffered severe injuries (back injuries and torn rotator cuff requiring multiple surgeries). Plaintiff sued the Church, arguing that the Church owned the ramp at issue and had a duty to properly maintain the ramp. Read the rest of this entry »
Table Saw Manufacturer’s Failure to Include Automatic Guard is Not a Design Defect Under New York LawPosted: July 10, 2015
On July 8, 2015, New York’s Second Department held that a design defect claim cannot be based upon a table saw manufacturer’s failure to include an automatic guard.
In Chavez v. Delta International Machinery Corp., 2014-05235, 2015 N.Y. App. Div. LEXIS 5769 (N.Y. App. Div. [2d Dep’t] July 8, 2015), the trial court denied the branch of the defendant’s motion for summary that sought to dismiss all claims based upon allegations that a table saw was defective for not including an automatic safety device – an interlock device that would prevent the saw from operating unless the blade guard was properly in place. Read the rest of this entry »