Blog Posts in 2011
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ACCIDENT VICTIM DENIED SUMMARY JUDGMENT; "QUESTION OF FACT" AS TO WHETHER HE WAS ON BUS AT TIME OF ACCIDENT
Posted By Gary E. RosenbergContinue Reading
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 accident attorney and lawyer; serving Queens; Queens accident lawyer ) Comment: Plaintiff/accident victim lost motion for summary judgment on the issue of liability for while as a passenger on a bus he ...
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CITY OF NEW YORK LOSES SUMMARY JUDGMENT IN SLIP-AND-FALL ACCIDENT CASE, FOR FAILURE TO MEET ITS BURDEN AS MOVANT
Posted By Gary E. RosenbergContinue Reading
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 attorney and lawyer; serving Queens; Queens injury attorney ) Comment: Today's blog post has the same "teaching point" as yesterday's: The party asking the court for summary judgment must make a ...
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SUPERMARKET DENIED SUMMARY JUDGMENT IN SLIP-AND-FALL ACCIDENT; IT FAILED TO MEET ITS LACK OF NOTICE BURDEN AS MOVANT
Posted By Gary E. RosenbergContinue Reading
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 attorney and lawyer; serving Bronx and Queens; Queens accident attorney ) Comment: Supermarket slip-and-fall cases almost always turn on the question of "notice" against the store. Here the accident ...
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VICTIM CAN'T SUE FARM FOR SEXUAL ASSAULT BY HORSEBACK RIDING INSTRUCTOR; SUMMARY JUDGMENT GRANTED TO DEFENSE
Posted By Gary E. RosenbergContinue Reading
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 attorney and lawyer; serving Queens; Queens injury lawyer ) Comment: A female horseback riding student was sexually assaulted by her instructor. She sued the owner of the Long Island farm where he ...
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APARTMENT BUILDING MANAGING COMPANIES DENIED SUMMARY JUDGMENT IN INFANT (CHILD) LEAD-POISONING CASE: WORK MAY HAVE CAUSED OR WORSENED LEAD CONDITION
Posted By Gary E. RosenbergContinue Reading
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 attorney and lawyer; serving Queens; Queens accident lawyer ) Comment: Defendants managed New York City Housing and are sued for lead poisoning of a child . Evidence shows that they removed insulation ...
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BAR FIGHT CASE DISMISSED ON SUMMARY JUDGMENT: NO "NEGLIGENCE" AND NO CONNECTION BETWEEN POSSIBLE "DRAM SHOP" VIOLATION AND INJURIES
Posted By Gary E. RosenbergContinue Reading
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 lawyer; serving Queens; Queens injury attorney ) Comment: Plaintiffs, a brother and sister, were injured in a bar fight. To get to the bar=s insurance they frame their claims as a result of "negligence." ...
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NO "TRIVIAL DEFECT" WHERE HEXAGONAL PAVING STONES COULD BE A "TRAP OR SNARE"; LANDLORD DENIED SUMMARY JUDGMENT
Posted By Gary E. RosenbergContinue Reading
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 attorney and lawyer; serving Brooklyn and Queens; Brooklyn accident attorney ) Comment: Accident occurred when she fell after catching her foot between eight-sided paving stones. Defense loses its ...
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ELEVATOR OWNER GRANTED SUMMARY JUDGMENT AND CASE DISMISSAL FOR ACCIDENT
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: Forde v. Vornado Realty Trust Date: Nov. 1, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury lawyer ) Comment: Accident in an elevator . Injured elevator passenger loses case on defense summary judgment motion. Looks like defense expert was ...
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INSURED DIDN'T GIVE NOTICE OF LAWSUIT; ACCIDENT VICTIM'S DIRECT CASE AGAINST INSURANCE CARRIER DISMISSED ON DEFENSE SUMMARY JUDGMENT
Posted By Gary E. RosenbergContinue Reading
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 accident attorney and lawyer; serving Bronx and Queens; Queens accident lawyer ) Comment: Interesting case and an unfortunate situation that sometimes arises when you are a lawyer who represents accident ...
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WINDOW INSTALLER'S (DEFENSE) SUMMARY JUDGMENT FAILS WHERE IT CAN'T SHOW INSPECTION OF WORK AREA PRE-ACCIDENT
Posted By Gary E. RosenbergContinue Reading
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 attorney and lawyer; serving Queens; Queens injury attorney ) Comment: Accident victim moving a garbage bin when he tripped on broken glass and got rolled-over by the dumpster. He sued a window installer ...
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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
Posted By Gary E. RosenbergContinue Reading
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 (personal injury and accident attorney and lawyer; serving Queens; Queens accident attorney ) Comment: A tree fell on the accident victim's vehicle while he drove past a New York City-owned reservoir ...
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NO SHOWING THAT POTHOLE REPAIR DONE INCORRECTLY; NEW YORK CITY WINS SUMMARY JUDGMENT & CASE DISMISSAL AGAINST ACCIDENT VICTIM
Posted By Gary E. RosenbergContinue Reading
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 attorney and lawyer; serving Bronx and Queens; Queens injury lawyer ) Comment: The City of New York and other municipal agencies have special rules giving them advantages so they're difficult to sue. ...
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"OPTICAL CONFUSION" CLAIM FAILS BY SUBWAY SIDEWALK; DEFENSE SUMMARY JUDGMENT GRANTED
Posted By Gary E. RosenbergContinue Reading
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. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens accident lawyer ) Comment: Accident victim fell on sidewalk by a subway exit. She made a claim of "optical ...
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FORKLIFT BACKS INTO ACCIDENT VICTIM; HE'S GRANTED SUMMARY JUDGMENT ON THE ISSUE OF LIABILITY
Posted By Gary E. RosenbergContinue Reading
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 accident attorney and lawyer; serving Queens; Queens injury attorney ) Comment: A forklift in a warehouser backed into the plaintiff/accident victim. Summary judgment (on liability) granted in the ...
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SLIP-AND-FALL ACCIDENT IN LAUNDRY ROOM DISMISSED: NO "NOTICE" TO BUILDING OWNER & MANAGER; NO "DUTY OF CARE" OR "NEGLIGENT SUPERVISION" BY PARENTS
Posted By Gary E. RosenbergContinue Reading
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 accident attorney and lawyer; serving Queens; Queens accident attorney ) Comment: Plaintiff hurt in an accident while working for a family on Manhattan's Upper East Side. She claims to have suffered a ...
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