Free Newsletter
Fourth Department – Slip and Fall: Janczulik v. State of New York
Daily Record Staff Reports//April 23, 2015//
Fourth Department – Slip and Fall: Janczulik v. State of New York
Daily Record Staff Reports//April 23, 2015//
Appellate Division, Fourth Department – Slip and Fall – Bench Trial – Credibility – Inconsistent Testimony
Janczulik v. State of New York
CA 14-00757
Appealed from Court of Claims
Background: The claimant, an inmate at a correctional facility, commenced a negligence action after he was injured from a slip and fall while working in the mess hall. He appealed from the dismissal of his claim after a bifurcated trial on liability.
Ruling: The Appellate Division affirmed. The court held that deference is still afforded to the trial court as the court’s determination is based on credibility issues. The claimant’s own testimony varied from “getting a little wet,” “just wet” and “getting wet substantially for that early in the shift.” He also denied water accumulating in the dishwashing area at one point.
Gerard A. Strauss for the claimant-appellant; Kathleen M. Arnold, of the New York State Office of the Attorney General, for the defendant-respondent
Related Articles
Case Digests
- Second Circuit – Expert testimony: Rutledge v. Walgreen Co.; Phippen v. Walgreen Co.
- Second Circuit – Congestion pricing: County of Rockland v. Triborough Bridge & Tunnel Auth.
- Fourth Department – Apartment search: People v. Shaw
- Fourth Department – Vicarious liability: Sarah R. v. Crouse Health Hospital
- Fourth Department – Waiver of indictment: People v. Schindler
- Second Circuit – New trial: McClarin v. City of New York
- Second Circuit – First Amendment: Real Estate Board of New York Inc. v. The City of New York
- Fourth Department – Juvenile offender: People v. Kameron P.
- Second Circuit – Anticompetitive policy: Cumulus Media New Holdings Inc. v. The Nielsen Co. (US) LLC
- Fourth Department – Aggravated harassment: People v. O’Neill
- Second Circuit – Convention Against Torture: Aguilar-Villalobos v. Blanche
Law News
- NY appeals court reinstates slip-and-fall lawsuit
- Charter Communications must pay penalty for retaliation against employee
- Webster resident named to lead national court reporter group
- NY appeals court affirms rape conviction, rejects speedy trial claim
- Telesca Center for Justice gets $90,000 in state funding
- Trevett Cristo P.C. celebrates 100th anniversary
- NY appeals court affirms weapon conviction rejecting illegal stop claims
- Nursing home worker accused of stealing from residents
Polls
Loading ...