Tuesday, November 21, 2017    

Publications - Personal injury, slip and fall, wet leaves - BIBI RAKEEBA MISTR, Appellant, v. BEACH HAVEN APARTMENT No. l, INC., Respondent. (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, slip and fall, wet leaves - BIBI RAKEEBA MISTR, Appellant, v. BEACH HAVEN APARTMENT No. l, INC., Respondent. (Lois Law) (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 damages for personal injuries, the plaintiff appeals from an order of Supreme Court, Kings County (Kramer, J.), dated July l8, 2005, which granted the defendant's motion for summary judgment dismissing the complaint. Wingate, Russotti & Shapiro, LLP, New York, N.Y. (Scott A. Stern of counsel), for appellant. Kiley, Kiley & Kiley, Great Neck, N.Y. (James D, Kiley of counsel), for respondent. Before: Florio, J.P., Ritter, Goldstein and Lifson, JJ. Ordered that the order is affirmed, with costs. The plaintiff allegedly fell when she walked through a pile of wet leaves approximately four feet wide on a driveway adjacent to the defendant's building. The plaintiff claimed she had observed the pile of leaves upon exiting the defendant's building and walking down the driveway on her way to a store approximately 20 minutes prior to her fall. Upon returning from the store, the plaintiff walked in the pile and fell, allegedly sustaining injuries. The plaintiff also claimed that she saw the pile of leaves three days before the date that she fell. The defendant made a prima facie showing that the complained-of condition was both open and obvious, i.e., readily observable by those employing the reasonable use of their senses, and not inherently dangerous (see Cupo v Karfun/cel, _],___AAQ3¢j_;4_$ [2003]; Sun Ho Chung v Jeong Sook Joh, 29g&D§;L§ZZ [2006]; Osborne v Village of N. Terrytewm l§9.A.12p.Q1v,224 119171: Webber v Miller, 17 AD3d 352 [2005]). In opposition, the plaintiff failed to raise a triable issue of fact as to whether the pile of leaves constituted a dangerous condition or whether the pile was open and obvious. Accordingly, summary judgment was properly granted in favor of the defendant.

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.