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Blog Posts in 2011

99 results found. Viewing page 1 of 4. Go to page 1 2 3 4   Next

ACCIDENT VICTIM DENIED SUMMARY JUDGMENT; "QUESTION OF FACT" AS TO WHETHER HE WAS ON BUS AT TIME OF ACCIDENT

Court: Supreme Court, Appellate Division, First Department, New York Case: Yant v. Mile Square Transportation, Inc. Date: Nov. 10, 2011 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "ACCIDENT VICTIM DENIED SUMMARY JUDGMENT; "QUESTION OF FACT" AS TO WHETHER HE WAS ON BUS AT TIME OF ACCIDENT" »

CITY OF NEW YORK LOSES SUMMARY JUDGMENT IN SLIP-AND-FALL ACCIDENT CASE, FOR FAILURE TO MEET ITS BURDEN AS MOVANT

Court: Supreme Court, Appellate Division, Second Department, New York Case: Amendola v. City of New York Date: Nov. 9, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "CITY OF NEW YORK LOSES SUMMARY JUDGMENT IN SLIP-AND-FALL ACCIDENT CASE, FOR FAILURE TO MEET ITS BURDEN AS MOVANT" »

SUPERMARKET DENIED SUMMARY JUDGMENT IN SLIP-AND-FALL ACCIDENT; IT FAILED TO MEET ITS LACK OF NOTICE BURDEN AS MOVANT

Court: Supreme Court, Appellate Division, Second Department, New York Case: Santos v. 786 Flatbush Food Corp. Date: Nov. 9, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "SUPERMARKET DENIED SUMMARY JUDGMENT IN SLIP-AND-FALL ACCIDENT; IT FAILED TO MEET ITS LACK OF NOTICE BURDEN AS MOVANT" »

VICTIM CAN'T SUE FARM FOR SEXUAL ASSAULT BY HORSEBACK RIDING INSTRUCTOR; SUMMARY JUDGMENT GRANTED TO DEFENSE

Court: Supreme Court, Appellate Division, Second Department, New York Case: Shor v. Touch-N-Go Farms, Inc. Date: Nov. 9, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "VICTIM CAN'T SUE FARM FOR SEXUAL ASSAULT BY HORSEBACK RIDING INSTRUCTOR; SUMMARY JUDGMENT GRANTED TO DEFENSE" »

APARTMENT BUILDING MANAGING COMPANIES DENIED SUMMARY JUDGMENT IN INFANT (CHILD) LEAD-POISONING CASE: WORK MAY HAVE CAUSED OR WORSENED LEAD CONDITION

Court: Supreme Court, Appellate Division, First Department, New York Case: Carlucci v. the City of New York Date: Nov. 10, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "APARTMENT BUILDING MANAGING COMPANIES DENIED SUMMARY JUDGMENT IN INFANT (CHILD) LEAD-POISONING CASE: WORK MAY HAVE CAUSED OR WORSENED LEAD CONDITION" »

BAR FIGHT CASE DISMISSED ON SUMMARY JUDGMENT: NO "NEGLIGENCE" AND NO CONNECTION BETWEEN POSSIBLE "DRAM SHOP" VIOLATION AND INJURIES

Court: Supreme Court, Appellate Division, Second Department, New York Case: Kiely v. Benini Date: Nov. 9, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and ...
Continue reading "BAR FIGHT CASE DISMISSED ON SUMMARY JUDGMENT: NO "NEGLIGENCE" AND NO CONNECTION BETWEEN POSSIBLE "DRAM SHOP" VIOLATION AND INJURIES" »

NO "TRIVIAL DEFECT" WHERE HEXAGONAL PAVING STONES COULD BE A "TRAP OR SNARE"; LANDLORD DENIED SUMMARY JUDGMENT

Court: Supreme Court, Appellate Division, First Department, New York Case: Valentin v. Columbia University Date: Nov. 10, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "NO "TRIVIAL DEFECT" WHERE HEXAGONAL PAVING STONES COULD BE A "TRAP OR SNARE"; LANDLORD DENIED SUMMARY JUDGMENT" »

ELEVATOR OWNER GRANTED SUMMARY JUDGMENT AND CASE DISMISSAL FOR ACCIDENT

JACKSON HEIGHTS WORKER GETS THE SHAFT; FATAL ACCIDENT AND INJURY LEADS TO DEATH (STATEN ISLAND WOMAN SUFFERS BROKEN BONES AFTER PLUNGING FROM EIGHTH-FLOOR WINDOW) Court: Supreme Court, Appellate ...
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INSURED DIDN'T GIVE NOTICE OF LAWSUIT; ACCIDENT VICTIM'S DIRECT CASE AGAINST INSURANCE CARRIER DISMISSED ON DEFENSE SUMMARY JUDGMENT

Court: Supreme Court, Appellate Division, Second Department, New York Case: Vernet v. Eveready Insurance Company Date: Nov. 1, 2011 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "INSURED DIDN'T GIVE NOTICE OF LAWSUIT; ACCIDENT VICTIM'S DIRECT CASE AGAINST INSURANCE CARRIER DISMISSED ON DEFENSE SUMMARY JUDGMENT" »

WINDOW INSTALLER'S (DEFENSE) SUMMARY JUDGMENT FAILS WHERE IT CAN'T SHOW INSPECTION OF WORK AREA PRE-ACCIDENT

Court: Supreme Court, Appellate Division, First Department, New York Case: Arias v. Skyline Windows, Inc. Date: Nov. 3, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "WINDOW INSTALLER'S (DEFENSE) SUMMARY JUDGMENT FAILS WHERE IT CAN'T SHOW INSPECTION OF WORK AREA PRE-ACCIDENT" »

NEW YORK CITY'S SUMMARY JUDGMENT DENIED WHERE TREE FELL ON ACCIDENT VICTIM'S CAR BY UPSTATE RESERVOIR & N.Y.C. DIDN'T PROVE IT LACKED DUTY TO MAINTAIN TREES

Court: Supreme Court, Appellate Division, First Department, New York Case: Whalen v. New York City Department of Environmental Protection Date: Nov. 1, 2011 From: New York attorney Gary E. Rosenberg ...
Continue reading "NEW YORK CITY'S SUMMARY JUDGMENT DENIED WHERE TREE FELL ON ACCIDENT VICTIM'S CAR BY UPSTATE RESERVOIR & N.Y.C. DIDN'T PROVE IT LACKED DUTY TO MAINTAIN TREES" »

NO SHOWING THAT POTHOLE REPAIR DONE INCORRECTLY; NEW YORK CITY WINS SUMMARY JUDGMENT & CASE DISMISSAL AGAINST ACCIDENT VICTIM

Court: Supreme Court, Appellate Division, First Department, New York Case: Rosenblum v. The City of New York Date: Nov. 1, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "NO SHOWING THAT POTHOLE REPAIR DONE INCORRECTLY; NEW YORK CITY WINS SUMMARY JUDGMENT & CASE DISMISSAL AGAINST ACCIDENT VICTIM" »

"OPTICAL CONFUSION" CLAIM FAILS BY SUBWAY SIDEWALK; DEFENSE SUMAMRY JUDGMENT GRANTED

Summary judgment granted Court: Supreme Court, Appellate Division, First Department, New York Case: Kamps v. The New York City Transit Authority Date: Nov. 1, 2011 From: New York attorney Gary E. ...
Continue reading ""OPTICAL CONFUSION" CLAIM FAILS BY SUBWAY SIDEWALK; DEFENSE SUMAMRY JUDGMENT GRANTED" »

FORKLIFT BACKS INTO ACCIDENT VICTIM; HE'S GRANTED SUMMARY JUDGMENT ON THE ISSUE OF LIABILITY

Court: Supreme Court, Appellate Division, Second Department, New York Case: Becci v. Worldwide Flight Services, Inc. Date: Oct. 25, 2011 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "FORKLIFT BACKS INTO ACCIDENT VICTIM; HE'S GRANTED SUMMARY JUDGMENT ON THE ISSUE OF LIABILITY" »

SLIP-AND-FALL ACCIDENT IN LAUNDRY ROOM DISMISSED: NO "NOTICE" TO BUILDING OWNER & MANAGER; NO "DUTY OF CARE" OR "NEGLIGENT SUPERVISION" BY PARENTS

Court: Supreme Court, Appellate Division, Second Department, New York Case: Alami v. 215 East 68th Street, L.P. Date: Oct. 25, 2011 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "SLIP-AND-FALL ACCIDENT IN LAUNDRY ROOM DISMISSED: NO "NOTICE" TO BUILDING OWNER & MANAGER; NO "DUTY OF CARE" OR "NEGLIGENT SUPERVISION" BY PARENTS" »

POLICE CAR IN ACCIDENT WHILE ENGAGED IN EMERGENCY OPERATION NOT LIABLE UNDER "RECKLESS DISREGARD" NEGLIGENCE STANDARD

Court: Supreme Court, Appellate Division, Second Department, New York Case: Gonzalez v. Zavala Date: Oct. 25, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and ...
Continue reading "POLICE CAR IN ACCIDENT WHILE ENGAGED IN EMERGENCY OPERATION NOT LIABLE UNDER "RECKLESS DISREGARD" NEGLIGENCE STANDARD" »

NEW YORK LABOR LAW APPLIED & SUMMARY JUDGMENT GRANTED TO PROTECT BRIDGE-BUILDING CONSTRUCTION WORKER STANDING ON BOAT

Court: Supreme Court, Appellate Division, Second Department, New York Case: Harrison v. State of New York Date: Oct. 25, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "NEW YORK LABOR LAW APPLIED & SUMMARY JUDGMENT GRANTED TO PROTECT BRIDGE-BUILDING CONSTRUCTION WORKER STANDING ON BOAT" »

RAISED MANHOLE COVER IN PARKING LOT A "TRIVIAL DEFECT"; DEFENSE SUMMARY JUDGMENT MOTION GRANTED & CASE DISMISSED

Court: Supreme Court, Appellate Division, Second Department, New York Case: Schenpanski v. Promise Deli, Inc. Date: Oct. 25, 2011 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "RAISED MANHOLE COVER IN PARKING LOT A "TRIVIAL DEFECT"; DEFENSE SUMMARY JUDGMENT MOTION GRANTED & CASE DISMISSED" »

ROADWAY POTHOLE ACCIDENT CASE WITHSTANDS DEFENSE LIABILITY SUMMARY JUDGMENT MOTION

Court: Supreme Court, Appellate Division, Second Department, New York Case: Scott v. City of New York Date: Oct. 25, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "ROADWAY POTHOLE ACCIDENT CASE WITHSTANDS DEFENSE LIABILITY SUMMARY JUDGMENT MOTION" »

DEFENSE "SERIOUS INJURY" THRESHOLD SUMMARY JUDGMENT MOTION DENIED; ACCIDENT VICTIM'S DOCTOR'S AFFIDAVIT RAISE ISSUE OF FACT AS TO BACK AND SHOULDER INJURIES

Court: Supreme Court, Appellate Division, Second Department, New York Case: Young Chool Yoo v. Rui Dong Wang Date: Oct. 25, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "DEFENSE "SERIOUS INJURY" THRESHOLD SUMMARY JUDGMENT MOTION DENIED; ACCIDENT VICTIM'S DOCTOR'S AFFIDAVIT RAISE ISSUE OF FACT AS TO BACK AND SHOULDER INJURIES" »

INFANT (CHILD) LEAD POISONING VICTIM GRANTED SUMMARY JUDGMENT AGAINST LANDLORD ON THE ISSUE OF LIABILITY

Court: Supreme Court, Appellate Division, First Department, New York Case: Mendoza v. Mortlen Realty Corp. Date: Oct. 25, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "INFANT (CHILD) LEAD POISONING VICTIM GRANTED SUMMARY JUDGMENT AGAINST LANDLORD ON THE ISSUE OF LIABILITY" »

CHAIR IS "OPEN AND OBVIOUS" DANGER; ACCIDENT VICTIM'S CASE DISMISSED ON DEFENSE SUMMARY JUDGMENT MOTION

Court: Supreme Court, Appellate Division, First Department, New York Case: Lazar v. Burger Heaven Date: Oct. 25, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney ...
Continue reading "CHAIR IS "OPEN AND OBVIOUS" DANGER; ACCIDENT VICTIM'S CASE DISMISSED ON DEFENSE SUMMARY JUDGMENT MOTION" »

FOR LESS THAN, MAYBE, $1,000, ATTORNEY'S LAW LICENSE SUSPENDED PENDNG COMPLETION OF DISCIPLINARY CASE AGAINST HIM

Court: Supreme Court, Appellate Division, First Department, New York Case: In the Matter of Daniel MILLSTONE Date: Aug. 18, 2011 Punishment: Immediate suspension from practice of law (pending ...
Continue reading "FOR LESS THAN, MAYBE, $1,000, ATTORNEY'S LAW LICENSE SUSPENDED PENDNG COMPLETION OF DISCIPLINARY CASE AGAINST HIM" »

PLAINTIFF ASSAULTED BY MAN WHO GRABBED DEFENDANT-CONTRACTOR'S POWER SAW; CONTRACTOR DENIED SUMMARY JUDGMENT--JURY TO SAY IF ASSAULT "FORESEEABLE"

Court: Supreme Court, Appellate Division, First Department, New York Case: Steinberg v. New York City Transit Authority Date: Oct. 25, 2011 From: New York attorney Gary E. Rosenberg (personal injury ...
Continue reading "PLAINTIFF ASSAULTED BY MAN WHO GRABBED DEFENDANT-CONTRACTOR'S POWER SAW; CONTRACTOR DENIED SUMMARY JUDGMENT--JURY TO SAY IF ASSAULT "FORESEEABLE"" »

NEW YORK COURT OF APPEALS EASES REQUIREMENT FOR ACCIDENT VICTIM TO PROVE "SERIOUS INJURY"

quantify the range of motion he observed, except to say that Perl's was "less than 60 percent of normal in the cervical and lumbar spine Court: Court of Appeals of New York. Case: Perl v. ...
Continue reading "NEW YORK COURT OF APPEALS EASES REQUIREMENT FOR ACCIDENT VICTIM TO PROVE "SERIOUS INJURY"" »
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