Bleakley Platt Client ECCYR Granted Summary Judgment In Three Lawsuits

December 2011

Bleakley Platt Client, Empire City Casino at Yonkers Raceway, was recently granted summary judgment in the following three lawsuits:

  • In Panariello v. Yonkers Racing Corp., Supreme Court, Nassau County, Bleakley Platt & Schmidt, LLP, obtained dismissal on summary judgment for a claim arising when plaintiff claimed that she was caused to trip and fall on a ramp at the Casino premises. BPS Litigation Partner Vincent Crowe, appearing for Empire City Casino, argued that the ramp and the carpeting covering it were not inherently dangerous and was readily observable by the reasonable use of one’s senses. The trial Court adopted Bleakley Platt & Schmidt’s argument and dismissed the case in its entirety. [Link to case.]
  • In Caivano v. Empire City Casino at Yonkers Raceway, Supreme Court, Rockland County, summary judgment was granted where plaintiff was unable to offer proof that defendant had actual or constructive notice of the alleged dangerous condition. The Court noted that for purposes of establishing liability for a slip and fall claim, general awareness that a dangerous condition may be present is legally insufficient to constitute notice of a particular condition that caused plaintiff’s fall. [Link to case.]
  • In Paul Gallo v. Yonkers Racing Corp., Supreme Court, Westchester County, plaintiff alleged that he was injured when he stepped into a hole as he dismounted from a truck while delivering propane on defendant's property. The Court agreed with the argument of Vincent Crowe that the ground upon which plaintiff fell did not constitute a dangerous condition, and granted summary judgment dismissing all claims. [Link to case.]