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Recent Posts in Auto Accidents Category

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ISSUE OF FACT AS TO WHETHER PEDESTRIAN ACCIDENT VICTIM WAS IN CROSSWALK WHEN STRUCK BY DEFENDANT'S CAR

Court: Supreme Court, Appellate Division, First Department, New York Case: Beatrice E. Wein v. Rickie A. Robinson Date: Feb. 23, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "ISSUE OF FACT AS TO WHETHER PEDESTRIAN ACCIDENT VICTIM WAS IN CROSSWALK WHEN STRUCK BY DEFENDANT'S CAR" »

PLAINTIFF RAISED ISSUE OF FACT AS TO WHETHER INJURIES TO CERVICAL AND THORACOLUMBAR SPINE AND HER SHOULDERS, CONSTITUTED SERIOUS INJURIES

Court: Supreme Court, Appellate Division, Second Department, New York Case: Audra Torres v. Hakan Ozel Date: Feb. 14, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "PLAINTIFF RAISED ISSUE OF FACT AS TO WHETHER INJURIES TO CERVICAL AND THORACOLUMBAR SPINE AND HER SHOULDERS, CONSTITUTED SERIOUS INJURIES" »

REAR SEAT TAXI PASSENGER IN ACCIDENT ENTITLED TO PARTIAL SUMMARY JUDGMENT ON ISSUE OF LIABILITY

Court: Supreme Court, Appellate Division, Second Department, New York Case: Luis Medina v. Leonidas Rodriguez Date: Feb. 21, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "REAR SEAT TAXI PASSENGER IN ACCIDENT ENTITLED TO PARTIAL SUMMARY JUDGMENT ON ISSUE OF LIABILITY" »

MOTORCYCLE RIDER IN ACCIDENT SUING TO RECOVER UNINSURED BENEFITS FROM HIS INSURANCE CARRIER CAN'T GET SUMMARY JUDGMENT ON LIABILITY BEFORE EXCHANGE OF DISCOVERY

Court: Supreme Court, Appellate Division, Second Department, New York Case: Dylan Jones v. American Commerce Insurance Company Date: Feb. 21, 2012 From: New York attorney Gary E. Rosenberg (personal ...
Continue reading "MOTORCYCLE RIDER IN ACCIDENT SUING TO RECOVER UNINSURED BENEFITS FROM HIS INSURANCE CARRIER CAN'T GET SUMMARY JUDGMENT ON LIABILITY BEFORE EXCHANGE OF DISCOVERY" »

AUTO ACCIDENT VICTIM HAD 2 SURGERIES, BEATS DEFENSE NO-FAULT "SERIOUS INJURY" THRESHOLD SUMMARY JUDGMENT MOTION

Court: Supreme Court, Appellate Division, First Department, New York Case: Lawrence Williams v. Andres Perez Date: Feb. 16, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
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HOMEOWNERS CAN'T BE SUED FOR ACCIDENT CAUSED BY DRUNK DRIVER WHO LEFT THEIR PARTY

Court: Court of Appeals of New York Case: Jennifer D. Martino v. Michael A. Stolzman Date: Feb. 16, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; ...
Continue reading "HOMEOWNERS CAN'T BE SUED FOR ACCIDENT CAUSED BY DRUNK DRIVER WHO LEFT THEIR PARTY" »

DEFENSE DENIED SUMMARY JUDGMENT IN PEDESTRIAN KNOCKDOWN CASE MOTOR VEHICLE ACCIDENT WHERE PEDESTRIAN DOESN'T REMEMBER

Case: Angel Caraballo v. Maria Rivas-Barzola Court: Supreme Court, Appellate Division, First Department, New York Date: February 16, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
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ACCIDENT VICTIM KEEPS HER RIGHT TO CHOOSE COUNTY WHERE LAWSUIT IS CONDUCTED (VENUE)

Court: Supreme Court, Appellate Division, First Department, New York Case: Maribel Caguioa Astillero v. David Abramov Date: Feb. 2, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "ACCIDENT VICTIM KEEPS HER RIGHT TO CHOOSE COUNTY WHERE LAWSUIT IS CONDUCTED (VENUE)" »

SLIP-AND-FALL ACCIDENT VICTIM CAN'T SUE FOR ALLEGED OIL LEAK FROM CAR; DEFENSE SUMMARY JUDGMENT GRANTED, CASE DISMISSED

Court: Supreme Court, Appellate Division, Second Department, New York. Case: Vinston Jeansimon v. David E. Lumsden Date: Feb. 7, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "SLIP-AND-FALL ACCIDENT VICTIM CAN'T SUE FOR ALLEGED OIL LEAK FROM CAR; DEFENSE SUMMARY JUDGMENT GRANTED, CASE DISMISSED" »

PLAINTIFF WINS SUMMARY JUDGMENT ON LIABILITY FOR 3 SEPARATE REAR-END COLLISION AUTO ACCIDENTS; HE SURVIVES 3 DEFENSE NO-FAULT "SERIOUS INJURY" THRESHOLD MOTIONS

Court: Supreme Court, Appellate Division, Second Department, New York Case: Charles H. Balducci v. George Velasquez Date: Feb. 7, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "PLAINTIFF WINS SUMMARY JUDGMENT ON LIABILITY FOR 3 SEPARATE REAR-END COLLISION AUTO ACCIDENTS; HE SURVIVES 3 DEFENSE NO-FAULT "SERIOUS INJURY" THRESHOLD MOTIONS" »

PLAINTIFF WHO QUIT MEDICAL TREATMENT LOSES TO DEFENSE NO-FAULT "SERIOUS INJURY" THRESHOLD MOTION

Court: Supreme Court, Appellate Division, Second Department, New York Case: Adelis Torres v. Marilyn S. Posy Date: Feb. 7, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "PLAINTIFF WHO QUIT MEDICAL TREATMENT LOSES TO DEFENSE NO-FAULT "SERIOUS INJURY" THRESHOLD MOTION" »

JURY VERDICT OF $175,000 AGAINST N.Y.C. TRANSIT AUTHORITY IN MOTOR VEHICLE ACCIDENT CASE UPHELD

Court: Supreme Court, Appellate Division, Second Department, New York Case: Lauren Liounis v. New York City Transit Authority Date: Feb. 7, 2012 From: New York attorney Gary E. Rosenberg (personal ...
Continue reading "JURY VERDICT OF $175,000 AGAINST N.Y.C. TRANSIT AUTHORITY IN MOTOR VEHICLE ACCIDENT CASE UPHELD" »

MOTORCYCLIST SUES N.Y.C. & DEPT. OF TRANSPORTATION FOR ACCIDENT ON PARKWAY RAMP; CASE DISMISSED FOR IMPROPER NOTICE OF CLAIM

Court: Supreme Court, Appellate Division, Second Department, New York Case: Harinder Khela v. City of New York Date: Jan. 31, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "MOTORCYCLIST SUES N.Y.C. & DEPT. OF TRANSPORTATION FOR ACCIDENT ON PARKWAY RAMP; CASE DISMISSED FOR IMPROPER NOTICE OF CLAIM" »

FIRE TRUCK IN ACCIDENT NOT IN "EMERGENCY OPERATION" AND NOT ENTITLED TO "RECKLESS DISREGARD" STANDARD; DEFENSE SUMMARY JUDGMENT DENIED

Court: Supreme Court, Appellate Division, First Department, New York Case: Lester Gonzalez v. City of New York Date: Jan. 31, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "FIRE TRUCK IN ACCIDENT NOT IN "EMERGENCY OPERATION" AND NOT ENTITLED TO "RECKLESS DISREGARD" STANDARD; DEFENSE SUMMARY JUDGMENT DENIED" »

UNINSURED MOTORIST COVERAGE DENIED FOR MEXICO CAR ACCIDENT

Court: Supreme Court, Appellate Division, First Department, New York Case: In re Allstate Insurance Company v. Jose Legrand Date: Jan. 17, 2012 From: New York attorney Gary E. Rosenberg (personal ...
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SUMMARY JUDGMENT ON LIABILITY GRANTED IN AUTO CHAIN COLLISION

Court: Supreme Court, Appellate Division, Second Department, New York Case: Jose Perez v. Craig W. Roberts Date: Jan. 10, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
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DAMAGES REDUCED AFTER TRIAL; NO INDICATION OF ACCIDENT VICTIM'S INJURIES

Court: Supreme Court, Appellate Division, Second Department, New York Case: JING XUE JIANG v. DOLLAR RENT A CAR, INC. Date: Jan. 10, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
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PLAINTIFF DENIED SUMMARY JUDGMENT ON LIABILITY AGAINST ILLEGAL U-TURNING DEFENDANT

Court: Supreme Court, Appellate Division, First Department, New York Case: Jacinto C. Calcano v. Juan I. Rodriguez Date: Jan. 12, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "PLAINTIFF DENIED SUMMARY JUDGMENT ON LIABILITY AGAINST ILLEGAL U-TURNING DEFENDANT" »

DEFENSE MOTION FOR SUMMARY JUDGMENT ON NO-FAULT "SERIOUS INJURY" THRESHOLD DENIED BECAUSE IT MISSES AN INJURY

Court: Supreme Court, Appellate Division, Second Department, New York Case: Linnete Martinez v. Yi Zhong Chen Date: Jan. 24, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "DEFENSE MOTION FOR SUMMARY JUDGMENT ON NO-FAULT "SERIOUS INJURY" THRESHOLD DENIED BECAUSE IT MISSES AN INJURY" »

COURT UPHOLDS JURY VERDICT OF "NO CONTACT" DISMISSING CLAIM OF PEDESTRIAN ALLEGEDLY STRUCK BY GARBAGE TRUCK WHILE CROSSING STREET

Court: Supreme Court, Appellate Division, Second Department, New York Case: Jose Galarza v. Crown Container Co., Inc. Date: Dec. 13, 2011 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "COURT UPHOLDS JURY VERDICT OF "NO CONTACT" DISMISSING CLAIM OF PEDESTRIAN ALLEGEDLY STRUCK BY GARBAGE TRUCK WHILE CROSSING STREET" »

UNINSURED MOTORIST CLAIM FOR ARBITRATION AFTER HIT-AND-RUN CAR ACCIDENT FAILS FOR LACK OF "CONTACT"

Case: In the Matter of GEICO v. Juan R. Albino Court: Supreme Court, Appellate Division, Second Department, New York Date: January 24, 2012 From: New York attorney Gary E. Rosenberg (personal injury ...
Continue reading "UNINSURED MOTORIST CLAIM FOR ARBITRATION AFTER HIT-AND-RUN CAR ACCIDENT FAILS FOR LACK OF "CONTACT"" »

CAR ACCIDENT VICTIM HAS SHOULDER SURGERY; BEATS DEFENSE NO-FAULT "SERIOUS INJURY" THRESHOLD SUMMARY JUDGMENT MOTION

Case: Paulino v. Rodriguez Court: Supreme Court, Appellate Division, First Department, New York Date: JANUARY 26, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney ...
Continue reading "CAR ACCIDENT VICTIM HAS SHOULDER SURGERY; BEATS DEFENSE NO-FAULT "SERIOUS INJURY" THRESHOLD SUMMARY JUDGMENT MOTION" »

TRUCK KNOCKS OFF TREE BRANCH AND IT HITS ACCIDENT VICTIM'S HEAD; SUMMARY JUDGMENT GRANTED TO PLAINTIFF

Court: Supreme Court, Appellate Division, Second Department, New York Case: Lin v. Dial Container Service, Inc. Date: Dec. 13, 2011 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "TRUCK KNOCKS OFF TREE BRANCH AND IT HITS ACCIDENT VICTIM'S HEAD; SUMMARY JUDGMENT GRANTED TO PLAINTIFF" »

DEFENSE NO-FAULT DISMISSAL MOTION DENIED; FROM SAME TESTING RESULTS ACCIDENT VICTIM'S DOCTORS AND DEFENSE DOCTORS DISAGREE ABOUT THE CAUSE OF INJURIES

Court: Supreme Court, Appellate Division, First Department, New York Case: Grant v. United Pavers Co., Inc. Date: Jan. 17, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "DEFENSE NO-FAULT DISMISSAL MOTION DENIED; FROM SAME TESTING RESULTS ACCIDENT VICTIM'S DOCTORS AND DEFENSE DOCTORS DISAGREE ABOUT THE CAUSE OF INJURIES" »
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