Defendant's Attorney: Allison Cory Leibowitz and Michael Christopher Lamendola

Description: New YOrk, New York personal injury lawyer represented the Plaintiff who sued the Defendant on a negligence theory.

"New York premises liability negligence law is based on the principle that property owners have a duty to keep their premises safe for visitors. This duty applies to both business and residential property owners.

To establish a premises liability negligence claim in New York, the plaintiff must prove the following elements:

The defendant owed the plaintiff a duty of care.
The defendant breached that duty of care.
The breach of duty was the proximate cause of the plaintiff's injuries.
The plaintiff suffered damages as a result of the injuries.

Duty of care

The defendant's duty of care will vary depending on the plaintiff's status as a trespasser, licensee, or invitee.

Trespassers: Property owners owe trespassers the lowest duty of care. They must simply avoid willfully or wantonly injuring trespassers.
Licensees: Property owners owe licensees a higher duty of care than trespassers. They must warn licensees of any known dangers on the property and take reasonable steps to make the property safe.
Invitees: Property owners owe invitees the highest duty of care. They must inspect the property for any dangerous conditions and take reasonable steps to repair or remove those conditions.

Breach of duty

The defendant breaches their duty of care if they fail to take reasonable steps to keep their premises safe for visitors. This could include failing to repair a dangerous condition, failing to warn visitors of a known danger, or failing to inspect the property for dangerous conditions.

Proximate cause

The defendant's breach of duty must be the proximate cause of the plaintiff's injuries. This means that the defendant's breach of duty must be the main cause of the plaintiff's injuries.

Damages

The plaintiff must have suffered damages as a result of their injuries. This could include medical expenses, lost wages, and pain and suffering.

Defenses to premises liability claims

There are a number of defenses that a defendant may raise in response to a premises liability claim. Some common defenses include:

Contributory negligence: This defense is available in New York. It allows the defendant to reduce the plaintiff's damages by the percentage that the plaintiff was at fault for the accident.
Assumption of risk: This defense is available in New York. It bars the plaintiff from recovering damages if the plaintiff knew of the danger and voluntarily chose to expose themselves to it.
Statute of limitations: The statute of limitations for premises liability claims in New York is three years. This means that the plaintiff must file their lawsuit within three years of the date of the accident.

If you believe that you have been injured on someone else's property due to their negligence, you should contact an attorney to discuss your legal options. An attorney can help you determine whether you have a valid claim and can represent you in court if necessary."

Google Bard

Outcome: By letter dated November 8, 2023, the parties reported to the Court that they have reached a settlement in principle in this case. Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/9/2023) (vfr) (Entered: 11/09/2023)

Plaintiff's Experts:

Defendant's Experts:

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