Friday, September 29, 2023    

Publications - Personal injury, retaining wall, fall, piece broke - JOHN MILLER, et al., appellants, v. MIKE MICHAELS, respondent. (Lois Law)



Medical Malpractice

Review Your Case

Kiley Law Firm Attorneys

Kiley Bed Bug Case Press

Publications : Personal injury, retaining wall, fall, piece broke - JOHN MILLER, et al., appellants, v. MIKE MICHAELS, respondent. (Lois Law) (Publication-132)

JOHN MILLER, et al., appellants, v. MIKE MICHAELS, respondent. Appellate Division of the Supreme Court of New York, Second Department. Decided on November l8, 2008. In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (R. Doyle, J.), dated July 17, 2007, which granted the defendant's motion for summary judgment dismissing the complaint. ORDERED that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied. Kiley, Kiley & Kiley, PLLC, Great Neck, N.Y. (James D. Kiley of counsel), for appellants. Hammill, O'Brien, Croutier, Dempsey & Pender, P.C., Syosset, N.Y. (Maureen Quinn of counsel), for respondent. ROBERT A. LIFSON, J.P., FRED T. SANTUCCI, RUTH C. BALKIN, ARIEL E. EELEN, JJ. DECISION & ORDER The plaintiff John Miller (hereinafter Miller) allegedly sustained injuries when he had one foot on a retaining wall made of railroad ties and the other on the ground, and a piece of the railroad tie broke off, causing him to fall. The retaining wall was on property owned by the defendant, and it bordered the dividing line between the plaintiffs' property and the defendant's property. Photographs of the retaining wall showed that it was in a deteriorated condition. The defendant leased the property to tenants, pursuant to oral agreements. At his deposition, the defendant testified that the tenants were only responsible for mowing the lawn, and that if other maintenance work was needed he hired outside contractors to perform it. The defendant moved for summary judgment dismissing the complaint on the ground that, inter alia, he was an out-of-possession landlord who did not retain sufficient control over the property such that he could be held liable for Miller's injuries. "An out-of-possession landlord is generally not responsible for injuries that occur on its premises unless it has retained control over the premises or is contractually obligated to maintain or repair the alleged hazard" (Deerr'Matos v Ulysses Upp, LLC, 52 AD3d 645, 645). Here, the defendant failed to make a prima facie showing that he did not retain sufficient control of the premises to impose liability upon him for Miller's injuries. Moreover, the defendant failed to establish, prima facie, that he lacked constructive notice of a dangerous condition, which, in the exercise of reasonable care, he should have discovered and remedied (see Gordon v American Museum of Natural History, 67 NY2d 836). Accordingly, the defendant's motion for summary judgment should have been denied "regardless of the sufficiency of the opposing papers" (Winegrad v New York Univ. Med. Ctr., 6§];_NY2d $5;). LIFSON, J.P., SANTUCCI, BALKIN and BELEN, JJ., concur.

For more information visit: Lois Law.



View more 'Publications' from Kiley Law Firm:

Personal injury, retaining wall, fall, piece broke - JOHN MILLER, et al., appellants, v. MIKE MICHAELS, respondent. (Lois Law)
(Publication-132, 2008-Nov) Read more...


Premises Liability, Warehouse's visitor claimed he tripped on high step, Dangerous Condition, Trip and Fall - Robert & Julie Ferraris v. Nussdorf Associates & Quality King Distributors, Inc., No. 13803/04 (Verdict Search)
(Publication-126, 2007-Jan) Read more...


Personal injury, slip and fall, wet leaves - BIBI RAKEEBA MISTR, Appellant, v. BEACH HAVEN APARTMENT No. l, INC., Respondent. (Lois Law)
(Publication-131, 2006-Sep) Read more...


Murphy v. Lawrence Towers Apartments, 15 A.D.3d 371 (Reported Case)
(Publication-133, 2005-Feb) Read more...


Motor Vehicle, Woman alleged that auto collision caused disc injuries, Passenger - Triffina Coley v Rooney Motors, Ltd, Neil Bond, as Executor of the Estate of Anthony Lucatorto; and Beverly Williams, No. 20830/00 (Verdict Search)
(Publication-125, 2003-Sep) Read more...


Teacher's Assistant tripped on unlevel floor - Lorraine Walsh and Charles Walsh v. Facchin & Facchin, Ltd. and St. Pauls Church, College Point, No. 23592/OO (Verdict Search)
(Publication-121, 2003-Jun) Read more...


Motor Vehicle, Passenger - Andre Primus V Marco Sloan; Boston Coach - N.J. Corp; Eloston Coach Connection Corp, and FTM Servi, No. 32107/00
(Publication-123, 2002-Feb) Read more...


Motor Vehicle, Left Turn - Wesley Shirley v. Meredith and Barry Kaminsky, No 23663/98 (Verdict Search)
(Publication-120, 2001-May) Read more...


Personal injury, trip and fall - MILDRED SALZBERG, PLAINTIFF-RESPONDENT, v. HADASAH FUTERNICK, ETC., ET AL., APPELLANTS, DAYTON CONSTRUCTION, INC., ET AL., DEFENDANTS-RESPONDENTS (Lois Law)
(Publication-128, 2001-Mar) Read more...


Motor Vehicle, Stop Sign - John Petropolis v Dennis Montenez;, No. 22973/99 (Verdict Search)
(Publication-122, 2000-Oct) Read more...


Assault, Hotel - CYZIO v. RIHGA INTL. U.S.A., 172 Misc.2d 363 (1997) (Lois Law)
(Publication-127, 1997-Mar) Read more...


Motor Vehicle, William Flynn v. Benjamin Augustine and Jacob Singer Sons, Inc., No. 029765/92 (Verdict Search)
(Publication-124, 1995-Sep) Read more...

Share |
Request a Case Review from Kiley
RECENT VERDICTS
$2.5 million settlement to partygoer punched by drunken guest, blamed host, other
$2 million wrongful death award for a retired 58 year old man killed in a motor vehicle accident
$1.5 million award for the wrongful death of a construction worker who fell nine floors from a midtown Manhattan skyscraper
$3.5 million dollar settlement for car accident victim with a vascular injury to his left leg
$2.4 million structured settlement for car accident victim who sustained a fractured leg
$1.4 million dollar estate litigation award for an heir who was written out of a will and living trust
$1.1 million dollar award in malpractice claim against a chiropractor and neurologist who failed to diagnose a spinal tumor
$1.05 million structured settlement for an HVAC worker who sustained a broken leg in a car accident
$1 million wrongful death structured settlement for man who was crushed in a trash compactor
$975,000 settlement after a jury verdict on liability for car accident victim who sustained a herniated disc requiring surgery
$950,000 settlement for car accident victim who sustained a herniated disc requiring surgery
$800,000 settlement for car accident victim who sustained a herniated disc requiring surgery
$525,000 settlement for medical malpractice victim who sustained partial loss of vision as a result of doctor's failure to monitor her glaucoma condition
$250,000.00 settlement for a car accident victim who sustained a lis frac injury to her right foot requiring surgery
$245,000.00 award for victim of medical malpractice in the misplacement of a feeding tube and the failure to diagnose gastrocolic and colocutaneous fistulas
$225,000 arbitration award for a girl who sustained a fractured leg when struck by a motor vehicle while crossing the street

Click Here for a Free Case Evaluation

Kiley, Kiley and Kiley, PLLC on LinkedIn
Kiley Represents Concertgoer Suit Against Rap Trio Migos

Represented by Donald Kiley Jr., concertgoer claims he was "attacked and assaulted" by fellow unprovoked concertgoers who felt "comfortable to engage in mischief and physical violence" at the encouragement of the rappers. Read more...


Kiley Introduction Video

Kiley Law Firm Mobile Website
Kiley Law Firm Makes The Front Page of The NEW York Law Journal

HIGHLIGHT: Kiley Law Firm makes the front page of the New York Law Journal Read more...


Kiley Law Firm on YouTube

Law Firm
Click Here to submit
a payment to
Kiley, Kiley & Kiley, PLLC.

Pay for Cases Using Xprss-Pay.

Home | Kiley Law Firm Blog | Medical Malpractice | Personal Injury | Trusts and Estate Planning | Corporate / Real Estate | Business Transactions | Slip and Fall
Contact Us | Kiley on Facebook | Kiley on Twitter | Kiley on YouTube | Kiley on LinkedIn | Kiley on Google

Kiley, Kiley & Kiley, PLLC
Let Our Family Help Your Family.

Se Habla Espanol

3000 Marcus Ave., Ste. 3W07 | Lake Success, NY 11042 U.S.A.
Phone: (516) 466-7900 | Fax: (516) 466-7903 | Sitemap

New York Counties Serviced:
Nassau | Suffolk | Queens | Richmond | Bronx | Kings | Westchester | New York


Areas of Interest:
Medical Malpractice | Personal Injury | Trusts and Estate Planning | Corporate Law | Real Estate
Business Transactions |
Bed Bug Case In the Press | Spaghetti Sauce Incident | And More...

Copyright 2023 - Kiley, Kiley & Kiley, PLLC. All Rights Reserved. This web site is designed for general information only.
The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. See
Privacy Policy.