Appellate Case Results | New York Appellate Lawyer – Michael Prisco

Wilson Minaya Torres v. 40 East End Ave. Associates LLC

— A.D.3d —, 2026 N.Y. Slip Op. — (1st Dept. Feb. 19, 2026)
Construction Accident — Labor Law §§ 240(1) & 241(6)
Obtained a significant modification of a Supreme Court order that had dismissed the worker’s claims, with the First Department reinstating the Labor Law §§ 240(1) and 241(6) causes of action. The Court held that defendants failed to establish that a pallet jack provided adequate protection against gravity-related risks where a heavy load fell after a pallet broke, and that triable issues existed regarding compliance with Industrial Code requirements for keeping loads level. The decision restored the worker’s statutory claims and allowed the action to proceed.

Batista-Rosa v. 1230 Franklin, LLC

2026 N.Y. App. Div. LEXIS 85 (1st Dept. 2026)
Construction Accident – Labor Law § 240(1)
Successfully defended summary judgment for an injured construction worker where the First Department held that an interior staircase serving as the sole means of access between work levels qualified as a Labor Law § 240(1) safety device. The Court unanimously rejected defendants’ attempts to reframe the staircase as a mere passageway and affirmed liability as a matter of law.

Moises-Ortiz v. FDB Acquisition LLC

242 A.D.3d 550 (1st Dept. 2025)
Construction Accident – Foreseeable Collapse / Labor Law § 240(1)
Obtained reversal of a dismissal and secured summary judgment for plaintiff on his Labor Law § 240(1) claim after a worker was struck by falling concrete from an inadequately secured adjacent building during excavation. The First Department held the collapse was foreseeable and that defendants failed to provide proper safety devices to protect against an elevation-related risk.

Maiorana v. Green

236 A.D.3d 1396 (4th Dept. 2025)
Motor Vehicle Accident – Jurisdiction / Correction Law § 24
Successfully reversed dismissal of a negligence action against a state parole officer, with the Fourth Department holding that the claim was properly brought in Supreme Court rather than the Court of Claims. The Court ruled the defendant owed a duty as a fellow motorist, not solely as a governmental actor.

Infantino v. Wells

241 A.D.3d 518 (2d Dept. 2025)
Premises Liability – Trivial Defect Defense
Secured reversal of summary judgment in a trip-and-fall case involving a brick walkway, with the Second Department holding that defendant failed to establish the alleged defect was trivial as a matter of law. The Court emphasized that defect dimensions and surrounding circumstances raised triable issues for a jury.

Lacanfora v. Tully

241 A.D.3d 667 (2d Dept. 2025)
Civil Procedure – Relation-Back Doctrine
Obtained reversal of an order denying leave to amend, allowing plaintiff to add a previously omitted defendant after the statute of limitations expired. The Second Department held the relation-back doctrine applied where the defendants were united in interest and the omission resulted from a mistake of law, not strategy.

Patrick v. 278 8th Associates

233 A.D.3d 415 (1st Dept. 2024)
Premises Liability / Contractual Indemnification
Successfully secured dismissal of a landlord’s third-party indemnification claim against a commercial tenant based on failure to provide prompt notice under the lease. The First Department enforced strict compliance with contractual notice provisions while allowing the plaintiff’s negligence claims to proceed.

Hashimi v. Gap, Inc.

232 A.D.3d 857 (2d Dept. 2024)
Negligent Hiring, Training & Supervision
Won reversal and dismissal of negligent hiring, training, supervision, and retention claims arising from alleged employee misconduct in a retail fitting room. The Second Department held the employer established lack of notice of any propensity for misconduct, warranting summary judgment as a matter of law.

Graham v. New York City Housing Authority

229 A.D.3d 605 (2d Dept. 2024)
Premises Liability – Recurring Condition
Obtained reversal and summary judgment on liability for plaintiff where defendants had actual knowledge of a recurring leak. The Second Department held that constructive notice was established as a matter of law and that no triable issue of proximate cause existed.

Mirza v. Boulevard Retail LLC

214 A.D.3d 536 (1st Dept. 2023)
Commercial Litigation – Contractual Indemnification
Successfully defended enforcement of a negotiated indemnification provision in a commercial lease involving HVAC code violations. The First Department held the clause was clear, unambiguous, and enforceable between sophisticated business entities.

Schneider v. Gap, Inc.

208 A.D.3d 606 (2d Dept. 2022)
Retail Slip and Fall – Summary Judgment on Renewal
Secured reversal and dismissal of the complaint on renewal where deposition testimony and video surveillance established no dangerous condition existed. The Second Department held the plaintiff tripped over her own feet, entitling defendant to judgment as a matter of law.

Nassau Operating Co., LLC v. DeSimone

206 A.D.3d 920 (2d Dept. 2022)
Contract / Elder Law – Vacatur of Default Judgment
Obtained reversal of a default judgment exceeding $100,000 and dismissal of a nursing home’s breach-of-contract action. The Second Department held the admissions agreement did not impose personal liability on a family member and ordered restitution of seized funds.

Donaghy v. Liddy

195 A.D.3d 680 (2d Dept. 2021)
Premises Liability – Sidewalk / Special Use
Defeated summary judgment by establishing triable issues as to special use of a sidewalk where defendants’ obstructions may have diverted the plaintiff toward the defect. The Second Department held dismissal was improper as a matter of law.

Turso-Drasche v. Banana Republic, LLC

172 A.D.3d 485 (1st Dept. 2019)
Retail Negligence – Foreseeability
Successfully defended summary judgment dismissal where plaintiff tripped over a sales associate’s foot. The First Department held the incident was unforeseeable and did not constitute a breach of duty.

Khan v. Old Navy

166 A.D.3d 599 (2d Dept. 2018)
Discovery Sanctions – Conditional Preclusion
Secured dismissal of the complaint where plaintiff failed to comply with a so-ordered discovery stipulation. The Second Department held the conditional order of preclusion became absolute, barring proof of a prima facie case.

Pena v. 104 N. 6th St. Realty Corp.

157 A.D.3d 709 (2d Dept. 2018)
Contractual Indemnification – Lease Dispute
Successfully defended against contractual indemnification claims in a sidewalk trip-and-fall action where liability had not yet been established. The Second Department held indemnification was premature and dependent on proof of negligence.

De La Cruz v. Dalmida

151 A.D.3d 563 (1st Dept. 2017)
Motor Vehicle Accident – Negligent Entrustment
Obtained dismissal of negligent entrustment claims and related discovery where vicarious liability was undisputed and punitive damages were not viable. The First Department held the claims were academic as a matter of law.

Hoovis v. Grand City 99 Cents Store, Inc.

146 A.D.3d 866 (2d Dept. 2017)
Premises Liability – Causation
Successfully defended summary judgment dismissal where plaintiff could not identify the cause of her fall without speculation. The Second Department reaffirmed that failure to establish causation is fatal to a negligence claim.

Pinkham v. West Elm

142 A.D.3d 477 (1st Dept. 2016)
Retail Premises Liability – Elevated Display Platform
Obtained reversal and dismissal of the complaint where photographic evidence established that an elevated store display and steps were not dangerous as a matter of law. The First Department held the condition was open, obvious, and adequately demarcated.