Sunday, September 24, 2017    

Publications - 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)



Subscribe to the
Kiley Law Newsletter
 Email
 Name
 

Medical Malpractice

Review Your Case

Kiley Law Firm Attorneys

Kiley Bed Bug Case Press

Publications : 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) (2001-Mar)

New York Appellate Division Reports MILDRED SALZBERG, PLAINTIFF-RESPONDENT, v. HADASAH FUTERNICK, ETC., ET AL., APPELLANTS, DAYTON CONSTRUCTION, INC., ET AL., DEFENDANTS-RESPONDENTS. Appellate Division of the Supreme Court of New York, Second Department. Argued February 15, 2001. March 12, 2001. In an action to recover damages for personal injuries, the defendants Hadasah Futernick, as Executrix of the Estate of Benjamin Futernick, Carol Futernick, and Janice Futernick appeal from stated portions of an order of the Supreme Court, Queens County (Weiss, J.), dated January 10, 2000, which, inter alia, denied their cross motion for summary judgment dismissing the complaint insofar as asserted against them, or for summary judgment on their cross claim against the defendants Dayton Construction, Inc., and Blockbuster Videos, Inc., for indemnification. Richard J. Baldwin, Hauppauge, N.Y. (Gregory P. Lewis of counsel), for appellants. Kiley, Kiley & Kiley, Great Neck, N.Y. (James D. Kiley of counsel), for plaintlff-respondent. Herzfeld & Rubin, P.C., New York, N.Y. (Herbert Rubin, David B. Hamm, Harold M. Weidenfeld, and Linda M. Brown of counsel), for defendant-respondent Blockbuster Videos, Inc. Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, LEO E. McGINITY, NANCY E. SMITH, JJ. DECISION & ORDER ORDERED that the order is affirmed insofar as appealed from, with one bill of costs. The plaintiff allegedly tripped and fell on an uneven sidewalk in front of a Blockbuster Video, Inc. (hereinafter Blockbuster), store. The plaintiff brought this action against Blockbuster, Hadasah Euternick, as Executrix of the Estate of Benjamin Futernick, Carol Euternick, and Janice Euternick as successors in interest to the owner of the property, and Dayton Construction, Inc. (hereinafter Dayton). Dayton was the independent contractor which constructed the premises, including the sidewalk. The complaint alleged that the sidewalk was owned by the Futernick defendants, and that the defect in the sidewalk was caused by its improper construction and/or the improper preparation of the soil beneath it. Contrary to the appellants' contention, the Supreme Court properly denied their cross motion for summary judgment dismissing the complaint insofar as asserted against them or for summary judgment on their cross claims against Dayton and Blockbuster for indemnification. As landlords, the appellants had a non-delegable duty to members of the general public to keep their premises safe (see, Richardson v. Schwager Page 468 Assocs., 249 A.D.2d 531; Thomassen v. J & K Diner, 152 A.D.2d 421). Further, lack of notice of the defect would not allow them to avoid liability where the plaintiff contends that the initial construction or design of the sidewalk was defective (see, Richardson v. Schwager Assocs., supra). The appellants' remaining contentions are without merit.

For more information visit: Lois Law.



View more 'Publications' from Kiley Law Firm:

Motor Vehicle, Left Turn - Wesley Shirley v. Meredith and Barry Kaminsky, No 23663/98 (Verdict Search)
(Personal Injury Litigation, 2001-May) - Motor Vehicle Case Type: Left Turn Case Name: Wesley Shirley v. Meredith and Barry Kammsky. No 23663/as Venue: Kings Supreme, NY Judge: Joseph J. Dowd Date: 05-10-2001 Plaintiff Attorneys: Kevin (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)
(Personal Injury Litigation, 2003-Jun) - Teacher's Assistant tripped on unlevel floor. Case Type: Trip and Fall, Premises Liability - School, Premises Liability - Dangerous Condition Case Name: Lorraine Walsh and Charles Walsh v. Facchin & (Read more...)


Motor Vehicle, Stop Sign - John Petropolis v Dennis Montenez;, No. 22973/99 (Verdict Search)
(Personal Injury Litigation, 2000-Oct) - Motor Vehicle Verdict: (P) $400,000. Case Type: Stop Sign Case Name: John Petropolis v Dennis Montenez;, No. 22973/99 Venue: Kings Supreme NY Judge: Aaron D. Bernstein Date: 10-17-2000 Plaintiff (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
(Personal Injury Litigation, 2002-Feb) - Motor Vehicle Decision: (P) $950,000.00 Case Type: Passenger Case Name: Andre Primus V Marco Sloan; Boston Coach • N.J. Corp; Eloston Coach Connection Corp, and FTM Servi, No. 32107/00 Venue: King (Read more...)


Motor Vehicle, William Flynn v. Benjamin Augustine and Jacob Singer Sons, Inc., No. 029765/92 (Verdict Search)
(Personal Injury Litigation, 1995-Sep) - Motor Vehicle Settlement: $950,000.BD Case Name: William Flynn v. Benjamin Augustine and Jacob Singer Sons, Inc., No. 029765/92 Venue: Queens Supreme, NY Date: 09-13-1995 Plaintiff(s): Attorney( (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)
(Personal Injury Litigation, 2003-Sep) - Motor Vehicle Woman alleged that auto collision caused disc injuries Case Type: Passenger Case Name, Triffina Coley v Rooney Motors, Ltd, Neil Bond, as Executor of the Estate of Anthony Lucatorto; (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)
(Personal Injury Litigation, 2007-Jan) - Premises Liability Warehouse's visitor claimed he tripped on high step Settlement: $425,000 Case Type: Dangerous Condition, Premises Liability - Trip and Fall Case Name: Robert & Julie Ferraris v. (Read more...)


Assault, Hotel - CYZIO v. RIHGA INTL. U.S.A., 172 Misc.2d 363 (1997) (Lois Law)
(Personal Injury Litigation, 1997-Mar) - CYZIO v. RIHGA INTL. U.S.A., 172 Misc.2d 363 (1997) CHESTER T. CYZIO, Plaintiff, v. RIHGA INTERNATIONAL U.S.A., INC., Defendant Supreme Court, New York County. March 28, 1997 Wilson, Elser, Moskow (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)
(Personal Injury Litigation, 2001-Mar) - New York Appellate Division Reports MILDRED SALZBERG, PLAINTIFF-RESPONDENT, v. HADASAH FUTERNICK, ETC., ET AL., APPELLANTS, DAYTON CONSTRUCTION, INC., ET AL., DEFENDANTS-RESPONDENTS. Appellate Divi (Read more...)


Personal injury, Premise - DORA ROSARIO, appellant, v. TRUMP MANAGEMENT, INC., ET AL., respondents. (Lois Law)
(Personal Injury Litigation, 2004-May) - DORA ROSARIO, appellant, v. TRUMP MANAGEMENT, INC., ET AL., respondents. Appellate Division of the Supreme Court of New York, Second Department. Decided May 3, 2004. In an action to recover damages (Read more...)


Personal injury, slip and fall, wet - MALLIK, JOYEETA, respondent, v. TRUMP MANAGEMENT, INC., appellant.
(Personal Injury Litigation, 2004-Jun) - MALLIK, JOYEETA, respondent, v. TRUMP MANAGEMENT, INC., appellant. Appellate Division of the Supreme Court of New York, Second Department. Decided June 7, 2004. In an action to recover damages for (Read more...)


Personal injury, slip and fall, wet leaves - BIBI RAKEEBA MISTR, Appellant, v. BEACH HAVEN APARTMENT No. l, INC., Respondent. (Lois Law)
(Personal Injury Litigation, 2006-Sep) - BIBI RAKEEBA MISTR, Appellant, v. BEACH HAVEN APARTMENT No. l, INC., Respondent. Appellate Division of the Supreme Court of New York, Second Department. September 26, 2006. In an action to recover (Read more...)


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


Murphy v. Lawrence Towers Apartments, 15 A.D.3d 371 (Reported Case)
(Personal Injury Litigation, 2005-Feb) - Murphy v. Lawrence Towers Apartments, 15 A.D.3d 371 (Reported Case). Appellate Division 2nd Dep't overturned lower court decision which denied summary judgment to defendant dismissing complaint. (Repo (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 Law Firm Mobile Website
House Counsil for the TRUMP Management Inc.

Representation For Victims of Bed Bug Infestation

Kiley Law Firm represents victims of bed bug infestation. Read more...


Kiley Introduction Video

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 Español

107 Northern Boulevard, Suite 304 | Great Neck, NY 11021 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 2017 - 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.