About CasePrepPlus

About CasePrepPlus

CasePrepPlus is an exclusive benefit of membership in the New York State Bar Association.

 

New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.

Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.


 

FIRST DEPARTMENT

PERSONAL INJURY.

The Property Owners and the Security Company Were Properly Found Liable for Plaintiff’s Severe Injuries Caused by Twelve-Year-Old Boys Who Threw a Shopping Cart Over a Fourth Floor Railing, Striking Plaintiff on the Ground Below 

The First Department, ordering a new trial on damages if the plaintiffs do not stipulate to a reduction from $14.5 to $10 million, determined the defendant property owners and the security company (PSS) were properly found liable for the injuries caused by two twelve-year-old boys who threw a shopping cart over a fourth floor railing onto plaintiff on the ground below. There had been prior incidents where items were thrown over the railing and down an escalator. Hedges v. Planned Sec. Serv. Inc., 2021 N.Y. Slip Op. 00117, First Dept 1-12-21