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Blog Posts in January, 2012

NEGLIGENCE LAWSUIT FOR FUEL OIL SPILL UPON DELIVERY TO APARTMENT BUILDING DISMISSED ON DEFENSE SUMMARY JUDGMENT MOTION

Court: Supreme Court, Kings County, New York Case: Ville De Port, Inc. v. Hess Corp. Date: Jan. 18, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; ...
Continue reading "NEGLIGENCE LAWSUIT FOR FUEL OIL SPILL UPON DELIVERY TO APARTMENT BUILDING DISMISSED ON DEFENSE SUMMARY JUDGMENT MOTION" »

DEFENSE NO-FAULT "SERIOUS INJURY" THRESHOLD SUMMARY JUDGMENT MOTION DENIED; DEFENSE DOCTORS OVERLOOKED SOME OF ACCIDENT VICTIM'S INJURIES

Court: Supreme Court, Appellate Division, First Department, New York Case: Singer v. Gae Limo Corp. Date: Jan. 19, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney ...
Continue reading "DEFENSE NO-FAULT "SERIOUS INJURY" THRESHOLD SUMMARY JUDGMENT MOTION DENIED; DEFENSE DOCTORS OVERLOOKED SOME OF ACCIDENT VICTIM'S INJURIES" »

MOTION TO AMEND "NOTICE OF CLAIM" AGAINST N.Y.C. HOUSING AUTHORITY TO CHANGE THEORY OF REASON FOR SLIP-AND-FALL ACCIDENT DENIED

Case: Donaldson v. New York City Housing Authority Court: Supreme Court, Appellate Division, First Department, New York Date: January 24, 2012 From: New York attorney Gary E. Rosenberg (personal ...
Continue reading "MOTION TO AMEND "NOTICE OF CLAIM" AGAINST N.Y.C. HOUSING AUTHORITY TO CHANGE THEORY OF REASON FOR SLIP-AND-FALL ACCIDENT DENIED" »

ACCIDENT VICTIM WINS SUMMARY JUDGMENT ON LABOR LAW CLAIM FOR FALLING WHILE CLIMBING DOWN TREE TO EXIT SCAFFOLD

Case: Torres v. Our Townhouse, LLC Court: Supreme Court, Appellate Division, First Department, New York Date: January 24, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "ACCIDENT VICTIM WINS SUMMARY JUDGMENT ON LABOR LAW CLAIM FOR FALLING WHILE CLIMBING DOWN TREE TO EXIT SCAFFOLD" »

"STORM IN PROGRESS" RULE APPLIED TO GRANT DEFENSE SUMMARY JUDGMENT AND DISMISS SLIP-AND-FALL ACCIDENT CASE

Case: Ethan Rand v. Cornell University Court: Supreme Court, Appellate Division, First Department, New York Date: January 24, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading ""STORM IN PROGRESS" RULE APPLIED TO GRANT DEFENSE SUMMARY JUDGMENT AND DISMISS SLIP-AND-FALL ACCIDENT CASE" »

DEFENSE SUJMMARY JUDMENT GRANTED IN SLIP-AND-FALL ACCIDENT CASE; PLAINTIFF CONTRADICTED HER OWN EXPERT

Court: Supreme Court, Appellate Division, First Department, New York Case: Owens v. Cooper Square Realty Date: Jan. 19, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "DEFENSE SUJMMARY JUDMENT GRANTED IN SLIP-AND-FALL ACCIDENT CASE; PLAINTIFF CONTRADICTED HER OWN EXPERT" »

PLAINTIFF HURT IN FALL ON SHORT-STOPPING BUS; DEFENSE MOTION FOR SUMMARY JUDGMENT ON LIABILITY DENIED

Court: Supreme Court, Queens County, New York Case: Feneque v. MTA Bus Company Date: Jan. 4, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving ...
Continue reading "PLAINTIFF HURT IN FALL ON SHORT-STOPPING BUS; DEFENSE MOTION FOR SUMMARY JUDGMENT ON LIABILITY DENIED" »

TRUCK DRIVER GETS TREE BRANCH STUCK IN HEAD THROUGH OPEN WINDOW; SUMMARY JUDGMENT OF DISMISSAL GRANTED TO DEFENSE

Court: Supreme Court, Suffolk County, New York Case: Austin v. Town of Southampton Date: Jan. 13, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; ...
Continue reading "TRUCK DRIVER GETS TREE BRANCH STUCK IN HEAD THROUGH OPEN WINDOW; SUMMARY JUDGMENT OF DISMISSAL GRANTED TO DEFENSE" »

ACCIDENT VICTIM WHO CAN'T SAY WHY OR WHERE SHE FELL LOSES TO DEFENSE SUMMARY JUDGMENT MOTION

Case: Smith v. The City of New York Court: Supreme Court, Appellate Division, First Department, New York Date: January 10, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "ACCIDENT VICTIM WHO CAN'T SAY WHY OR WHERE SHE FELL LOSES TO DEFENSE SUMMARY JUDGMENT MOTION" »

CHILD STRUCK WITH TENNIS BALL DURING GYM CLASS LOSES "INADEQUATE SUPERVISION" CLAIM; SUMMARY JUDGMENT GRANTED TO SCHOOL

Court: Supreme Court, Appellate Division, Second Department, New York Case: Torres v. City of New York Date: Dec. 27, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "CHILD STRUCK WITH TENNIS BALL DURING GYM CLASS LOSES "INADEQUATE SUPERVISION" CLAIM; SUMMARY JUDGMENT GRANTED TO SCHOOL" »

ACCIDENT VICTIM CAN'T FIX NOTICE OF CLAIM AGAINST NYCTA AFTER EXPIRATION OF ONE YEAR AND 90 DAYS

Court: Supreme Court, Appellate Division, Second Department, New York Case: Browne v. New York City Transit Authority Date: Dec. 27, 2011 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "ACCIDENT VICTIM CAN'T FIX NOTICE OF CLAIM AGAINST NYCTA AFTER EXPIRATION OF ONE YEAR AND 90 DAYS" »

DEFENSE GETS SUMMARY JUDGMENT ON LIABILITY WHERE CAR REPORTED STOLEN THREE DAYS BEFORE ACCIDENT

Court: Supreme Court, Appellate Division, Second Department, New York Case: Rohr v. City of New York Date: Dec. 27, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "DEFENSE GETS SUMMARY JUDGMENT ON LIABILITY WHERE CAR REPORTED STOLEN THREE DAYS BEFORE ACCIDENT" »

LYING LAWYER TRIES TO BEAT SPEEDING TICKET; SUSPENDED FOR SIX MONTHS FOR FALSELY CLAIMING N.J. STATE TROOPER USED ETHNIC SLURS

Matter of Eliott Dear First Dept. Admitted to Bar: 2001 Discipline imposed: six‑month suspension from practice of law Comment: A dumb lawyer. In 2007, a New Jersey state trooper pulls over this New ...
Continue reading "LYING LAWYER TRIES TO BEAT SPEEDING TICKET; SUSPENDED FOR SIX MONTHS FOR FALSELY CLAIMING N.J. STATE TROOPER USED ETHNIC SLURS" »

DEFENSE DENIED SUMMARY JUDGMENT ON LIABILITY WHERE PLAINTIFF'S CAR HIT STOPPED TRUCK; GOOD WORK BY PLAINTIFF'S EXPERTS, PLUS NOSEWORTHY DOCTRINE APPLIED

Court: Supreme Court, Appellate Division, First Department Case: Bah v. Benton Date: January 10, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; ...
Continue reading "DEFENSE DENIED SUMMARY JUDGMENT ON LIABILITY WHERE PLAINTIFF'S CAR HIT STOPPED TRUCK; GOOD WORK BY PLAINTIFF'S EXPERTS, PLUS NOSEWORTHY DOCTRINE APPLIED" »

SLIP-AND-FALL ACCIDENT IN PARKING LOT: SUMMARY JUDGMENT TO SOME DEFENDANTS

Court: Supreme Court, Appellate Division, Second Department, New York Case: Henriquez v. Inserra Supermarkets, Inc. Date: Nov. 15, 2011 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "SLIP-AND-FALL ACCIDENT IN PARKING LOT: SUMMARY JUDGMENT TO SOME DEFENDANTS" »

VENUE IN BRONX CASE STAYS IN BRONX

Court: Supreme Court, Appellate Division, First Department, New York Case: Alvarez v. Metropolitan Transportation Company Date: Nov. 17, 2011 From: New York attorney Gary E. Rosenberg (personal injury ...
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SUMMARY JUDGMENT IN FAVOR OF BLIND PEDESTRIAN KILLED BY LEFT-TURNING BUS

Court: Supreme Court, Kings County, Jack M. Battaglia, J. Case: Shenkerman v. Goycoechea Date: Nov. 18, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and ...
Continue reading "SUMMARY JUDGMENT IN FAVOR OF BLIND PEDESTRIAN KILLED BY LEFT-TURNING BUS" »

ACCIDENT VICTIM FELL IN HOLE IN BASEMENT WHILE FILLING IT WITH CONCRETE HAS NO LABOR LAW CLAIM; DEFENSE GRANTED SUMMARY JUDGMENT

Court: Court of Appeals of New York Case: Salazar v. Novalex Contracting Corp. Date: Nov. 21, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving ...
Continue reading "ACCIDENT VICTIM FELL IN HOLE IN BASEMENT WHILE FILLING IT WITH CONCRETE HAS NO LABOR LAW CLAIM; DEFENSE GRANTED SUMMARY JUDGMENT" »

SECURITY GUARD WHO FELL DOWN ELEVATOR SHAFT NOT A "SPECIAL EMPLOYEE" UNDER WORKER'S COMPENSATION LAW; GETS NEW TRIAL

Court: Supreme Court, Appellate Division, Second Department, New York Case: Charles v. Broad Street Development, LLC Date: Nov. 15, 2011 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "SECURITY GUARD WHO FELL DOWN ELEVATOR SHAFT NOT A "SPECIAL EMPLOYEE" UNDER WORKER'S COMPENSATION LAW; GETS NEW TRIAL" »

SLIGHTLY RAISED WOODEN FLOOR PLANK IS "TRIVIAL DEFECT"; DEFENSE SUMMARY JUDGMENT GRANTED IN TRIP-AND-FALL ACCIDENT

Court: Supreme Court, Appellate Division, Second Department, New York Case: Sokolovskaya v. Zemnovitsch Date: Nov. 15, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "SLIGHTLY RAISED WOODEN FLOOR PLANK IS "TRIVIAL DEFECT"; DEFENSE SUMMARY JUDGMENT GRANTED IN TRIP-AND-FALL ACCIDENT" »

ACCIDENT VICTIM NOT PERMITTED TO SUBSTITUTE REAL PERSON FOR LAWSUIT "JOHN DOE"

Court: Supreme Court, Appellate Division, Second Department, New York Case: Temple v. New York Community Hospital of Brooklyn Date: Nov. 15, 2011 From: New York attorney Gary E. Rosenberg (personal ...
Continue reading "ACCIDENT VICTIM NOT PERMITTED TO SUBSTITUTE REAL PERSON FOR LAWSUIT "JOHN DOE"" »

"EMERGENCY DOCTRINE" GIVES SUMMARY JUDGMENT IN ACCIDENT CASE TO AMBULANCE THAT RAN GREEN LIGHT WITH LIGHTS AND SIREN ON

Court: Supreme Court, Appellate Division, First Department, New York Case: Spencer v. Astralease Associated, Inc. Date: Nov. 15, 2011 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading ""EMERGENCY DOCTRINE" GIVES SUMMARY JUDGMENT IN ACCIDENT CASE TO AMBULANCE THAT RAN GREEN LIGHT WITH LIGHTS AND SIREN ON" »

SUMMARY JUDGMENT GRANTED TO NEW YORK CITY POLICE DEPT IN LAWSUIT FOR EXCESSIVE FORCE

Court: Supreme Court, Appellate Division, First Department, New York Case: Estate of Estevez v. The City of New York Date: Oct. 25, 2011 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "SUMMARY JUDGMENT GRANTED TO NEW YORK CITY POLICE DEPT IN LAWSUIT FOR EXCESSIVE FORCE" »

DEFENSE NO-FAULT "SERIOUS INJURY" THRESHOLD SUMMARY JUDGMENT MOTION NICELY DEFEATED BY ACCIDENT VICTIM

Court: Supreme Court, Queens County, New York Case: Razzaq v. Magnotta Date: Oct. 24, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn ...
Continue reading "DEFENSE NO-FAULT "SERIOUS INJURY" THRESHOLD SUMMARY JUDGMENT MOTION NICELY DEFEATED BY ACCIDENT VICTIM" »
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