Second Department Rules Against Owner of Local McDonald’s in Premises Liability Case

A unanimous panel of Second Department Justices upheld the decision of a lower court denying summary judgment in favor of the national food chain McDonald’s. The case was initially brought in the Supreme Court of Kings County after an individual was hurt in a McDonald’s main lobby.  The Plaintiff was standing in line waiting to order when two women behind him began to fight.  The man then attempted to break up the fight, and, following his intervention, onlookers began to assault him.  The Plaintiff brought the claim against the individual for the injuries suffered, along with the owner of the local McDonald’s for a failure to provide adequate security at the subject premises. Continue reading “Second Department Rules Against Owner of Local McDonald’s in Premises Liability Case”

Court of Appeals Rules Plaintiff Can Be Granted Partial Summary Judgment, Regardless of Own Liability

On April 3, 2018, the New York Court of Appeals ruled that, in accordance with the CPLR, a plaintiff need not “demonstrate the absence of his comparative negligence to be entitled to partial summary judgment as to a defendant’s liability.” Continue reading “Court of Appeals Rules Plaintiff Can Be Granted Partial Summary Judgment, Regardless of Own Liability”

Comparative Fault in the Context of a Motion for Summary Judgment in Liability Claims

The Appellate Division, First Department of New York State recently determined that an individual must make a prima facie showing of freedom from comparative fault in order to obtain summary judgment on the issue of liability. The decision by the Appellate Division now aligns with the Second Department, and finally sets the standard for the trial courts within the department which were issuing conflicting decisions on the subject.

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