Blog Posts in May, 2012
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COURT HOLDS THAT NEW TRIAL WARRANTED AFTER JURY VERDICT FOR DEFENDANTS IN MEDICAL MALPRACTICE, ACTION IN LIGHT OF INAPPROPRIATE CROSS‑EXAMINATION OF PLAINTIFFS' WITNESSES AND INFLAMMATORY AND IMPROPER SUMMATION COMMENTS OF DEFENSE COUNSEL
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: Joan Maraviglia v. Irina Lokshina Date: Feb. 28, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury lawyer ) ************************************************** RELATED POSTS: PLAINTIFF'S AUTOMOBILE PROPERTY DAMAGE CASE DISMISSED BECAUSE THEY ...
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N.Y. METS WIN DISMISSAL OF ACCIDENT CLAIM FOR TRIP AND FALL (CPLR 3211), NO DUTY TO MAINTAIN PUBLIC BOARDWALK BY STADIUM
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: Victoria Ruffino v. New York City Transit Authority Date: Oct. 21, 2008 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident lawyer ) ************************************************** RELATED POSTS: FIRED TEACHER CAN SUE DEFENDANTS WHO COMPLAINED TO ...
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DEFENDANT'S SUMMARY JUDGMENT MOTION GRANTED AGAINST ACCIDENT VICTIM INJURED BY ROLL DOWN METAL DOOR; IT HIRED INDEPENDENT CONTRACTOR FOR WHOSE NEGLIGENCE IT COULD NOT BE HELD LIABLE
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: Robert Lombardi v. Alpine Overhead Doors, Inc. Date: Feb. 28, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer ************************************************** RELATED POSTS: SLIP-AND-FALL ACCIDENT IN LAUNDRY ROOM DISMISSED: NO "NOTICE" TO BUILDING OWNER & MANAGER; NO "DUTY ...
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ATTORNEY TOOK CLIENTS' MONEY; HAS NO DEFENSE SO RESIGNS LAW LICENSE
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, First Department, New York Case: In the Matter of Peter N. WEINER, an attorney and counselor‑at‑law Penalty: Attorney resigned his law license Date: March 1, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident attorney ) ************************************************** RELATED ...
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PLAINTIFF'S AUTOMOBILE PROPERTY DAMAGE CASE DISMISSED BECAUSE THEY COULDN'T SHOW THAT DEFENDANT KNEW OF OR CONTROLLED HER SON'S USE OF ATV ("PERMISSIVE USE")
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Term, New York Case: Donna Palaj and Richard Freisinger v. Bob Hoare and Ellen Boughen Date: Feb. 9, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury lawyer ) ************************************************** RELATED POSTS: CITY OF NEW YORK NOT LIABLE FOR CHILD'S ACCIDENT ON PUBLIC ...
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SUMMARY JUDGMENT OF DISMISSAL GRANTED TO DEFENDANT IN TRIP-AND-FALL ON POCKETBOOK STRAP IN AISLE OF AIRPLANE; NO EVIDENCE OF WHOSE POCKETBOOK IT WAS
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Putnam County, New York Case: Linda Lofaro v. Jennifer Grogan, as Administratrix of the Estate of Wynona Penfold Date: Feb. 9, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident lawyer ) ************************************************** RELATED POSTS: CASE OF INJURED PLAINTIFF THROWN OUT BY TRIAL ...
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FIRED TEACHER CAN SUE DEFENDANTS WHO COMPLAINED TO SCHOOL AUTHORITIES AS PART OF SCHEME TO BLACKMAIL HIM; DEFENSE CPLR 3211 MOTION DENIED
Posted By Gary E. RosenbergContinue Reading
Court: Court of Appeals of New York Case: Ronald Bruce Posner v. Russell T. Lewis Date: Feb. 21, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury attorney ) ************************************************** RELATED POSTS: PEDESTRIAN WHO TRIPPED OVER METAL CELLAR DOORS BEATS MOTION OF TENANT-DEFENDANT TO DISMISS FOR ...
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ISSUE OF FACT WHETHER NECK AND BACK INJURIES WERE PRE-EXISTING OR CAUSED BY CAR ACCIDENT; LIVERY PASSENGER BEATS DEFENSE SUMMARY JUDGMENT NO-FAULT SERIOUS INJURY THRESHOLD MOTION
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, First Department, New York Case: Fatima Seck v. Mustaffa Balla Date: Feb. 21, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident attorney ) ************************************************** RELATED POSTS: DEFENSE DOCTOR'S OPINION THAT PLAINTIFF'S INJURIES WERE DEGENERATIVE ...
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NO DISCLOSURE (DISCOVERY) ALLLOWED ON NEGLIGENT HIRING CLAIM WHERE BUS DRIVER WORKING AT TIME OF ACCIDENT
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: Rufino Tangalin v. MTA Long Island Bus Date: Feb. 14, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury lawyer ) ************************************************** RELATED POSTS: ACCIDENT VICTIM DENIED SUMMARY JUDGMENT; "QUESTION OF FACT" AS TO ...
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PEDESTRIAN WHO TRIPPED OVER METAL CELLAR DOORS BEATS MOTION OF TENANT-DEFENDANT TO DISMISS FOR FAILURE TO STATE A CAUSE OF ACTION
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: Demetra Simos v. Vic-Armen Realty, LLC Date: Feb. 14, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident lawyer ) ************************************************** RELATED POSTS: N.Y.S. HAD NOTICE AND IS LIABLE FOR PREGNANT CORRECTION OFFICER'S ...
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DEFENDANT SUPERMARKET'S SUMMARY JUDGMENT MOTION DENIED IN DELIVERY CAR ACCIDENT; IT FAILS TO MEET BURDEN OF SHOWING THAT DELIVERY PERSON WASN'T EMPLOYEE
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Kings County, New York Case: Jamie DeMartino a/k/a Jamie Gullo v. 3858, Inc. Date: Feb. 16, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Bronx and Queens; Queens injury attorney ) ************************************************** RELATED POSTS: ADULT MENTAL PATIENT'S MOTHER CAN'T BE SUED FOR CAR ACCIDENT; LAWSUIT ...
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PEDESTRIAN WHO IMPALED FOOT ON BROKEN METAL SIGNPOST LOSES SUMMARY JUDGMENT, CAN'T RE-LITIGATE FROM RELATED CASE WHETHER VIEW WAS OBSCURED BY PARKED VEHICLE OR SNOW
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: Fernando Montoya v. Jl Astoria Sound, Inc. Date: Feb. 14, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident attorney ) ************************************************** RELATED POSTS: CASE OF INJURED PLAINTIFF THROWN OUT BY TRIAL JUDGE ...
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PARKING GARAGE DENIED SUMMARY JUDGMENT AGAINST TRIP-AND-FALL ACCIDENT VICTIM; ISSUE WHETHER IT SHOULD HAVE NOTICED MISSING ORANGE WARNING CONE
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: Burton Levine v. Amverserve Association, Inc. Date: Feb. 14, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury lawyer ) ************************************************** RELATED POSTS: CITY OF NEW YORK LOSES SUMMARY JUDGMENT IN SLIP-AND-FALL ...
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WORKER MAKING WINDOW REPAIRS TO DEFENDANTS' RESIDENTIAL BUILDING INJURED WHEN LADDER SLIPPED, WINS SUMMARY JUDGMENT UNDER N.Y.S. LABOR LAW; NO "HOMEOWNER'S EXEMPTION"
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: Nur Hossain v. Marek Kurzynowski Date: Feb. 14, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident lawyer ) ************************************************** RELATED POSTS: INJURED WORKER'S LABOR LAW CLAIMS FROM LADDER SLIP DISMISSED AT TRIAL ...
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CASE OF INJURED PLAINTIFF THROWN OUT BY TRIAL JUDGE ("DIRECTED VERDICT") BECAUSE TESTIMONY SPECULATIVE AS TO SOURCE OF SAND ON WHICH PEDESTRIAN SLIPPED
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, First Department, New York Case: Jose MONTAS v. JJC CONSTRUCTION CORPORATION Date: Feb. 23, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury attorney ) ************************************************** RELATED POSTS: CAR ACCIDENT DEATH CASE TRIAL VERDICT OVERTURNED ON APPEAL; ...
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CONSTRUCTION WORKER BOARDING UP WINDOWS FOR BUILDING DEMOLITION PROTECTED BY N.Y.S. LABOR LAW IN FALL OFF LADDER
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, First Department, New York Case: Angel L. Santiago v. Rusciano & Son, Inc. Date: Feb. 23, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury attorney ) ************************************************** RELATED POSTS: LABOR LAW ACCIDENT PLAINTIFF DENIED SUMMARY JUDGMENT AFTER ...
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ISSUE OF FACT AS TO WHETHER PEDESTRIAN ACCIDENT VICTIM WAS IN CROSSWALK WHEN STRUCK BY DEFENDANT'S CAR
Posted By Gary E. RosenbergContinue Reading
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 accident attorney and lawyer; serving Bronx and Queens; Queens accident attorney ) ************************************************** RELATED POSTS: DEFENSE DENIED SUMMARY JUDGMENT IN PEDESTRIAN ...
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AUTO ACCIDENT INJURY CASE JURY TRIAL VERDICT, WHERE POLICE OFFICER FOUND NOT IN "EMERGENCY OPERATION," UPHELD
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, First Department, New York Case: Barbara Banks v. The City of New York Date: Feb. 23, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident attorney ) ************************************************** RELATED POSTS: POLICE CAR IN ACCIDENT WHILE ENGAGED IN EMERGENCY OPERATION NOT ...
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CONSTRUCTION CONTRACTOR LIABLE UNDER SCAFFOLD (LABOR) LAW FOR FAILING TO PROVIDE LADDER TO PREVENT FALL OF WORKER WHO ASKED FOR LADDER TO UNLOAD TRUCK, AND THEN FELL 15 FEET TO GROUND
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, First Department, New York Case: Patrick Naughton, Jr. v. The City of New York Date: Feb. 23, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury lawyer ) ************************************************** RELATED POSTS: ACCIDENT VICTIM WINS SUMMARY JUDGMENT ON LABOR LAW CLAIM FOR ...
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DEFENDANT LOSES SUMMARY JUDGMENT MOTION AGAINST WORKER WHO TRIPPED-AND-FELL ON BRICK UNDER PLASTIC COVERING NEWLY‑POURED CONCRETE
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: Garry M. White v. Village of Port Chester Date: Feb. 21, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Bronx and Queens; Queens accident lawyer ) ************************************************** RELATED POSTS: WORKER WHO TRIPPED OVER HOSE AT RAILROAD CAR REPAIR ...
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WORKER WHO TRIPPED OVER HOSE AT RAILROAD CAR REPAIR SHOP NOT PROTECTED BY NYS LABOR LAW; SUBCONTRACTOR DENIED SUMMARY JUDGMENT ON QUESTION OF NEGLIGENCE
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: Jose J. Sotomayer v. Metropolitan Transportation Authority Date: Feb. 21, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury attorney ) ************************************************** RELATED POSTS: INJURED WORKER'S SCAFFOLD (LABOR LAW) CLAIMS ...
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LAWYER'S SLOPPY SUPERVISION OF FIRM'S ESCROW BANK ACCOUNT MISSES THEFTS, COSTS CLIENTS MILLIONS OF DOLLARS; HE'S SUSPENDED
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: In the Matter of Peter J. Galasso Date: Feb. 21, 2012 Punishment: Two-year suspension of law license From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident attorney ) ************************************************** RELATED POSTS: ATTORNEY LOSES LAW ...
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INJURED WORKER'S SCAFFOLD (LABOR LAW) CLAIMS DISMISSED BECAUSE OF HOMEOWNER'S EXCEPTION
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: Michael Holifield v. Seraphim, LLC Date: Feb. 21, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury lawyer ) ************************************************** RELATED POSTS: CONSTRUCTION WORKER'S SUMMARY JUDGMENT MOTION UNDER N.Y.S. LABOR LAW ...
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PLAINTIFF INJURED WHEN ELECTRONICALLY OPERATED GATE CLOSED ON HIS HAND SUED FOR NEGLIGENCE; GATE INSTALLER'S SUMMARY JUDGMENT MOTION DENIED DUE TO ISSUES OF FACT
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: Joseph Gorham v. Reliable Fence & Supply Co., Inc. Date: Feb. 21, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury attorney ) ************************************************** RELATED POSTS: ACCIDENT VICTIM'S PERSONAL INJURY BURN CASE ALLOWED ...
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CONTRACTOR NOT LIABLE TO PEDESTRIAN WHO TRIPPED AND FELL ON HOLE IN ROADWAY
Posted By Gary E. RosenbergContinue Reading
Court: Supreme Court, Appellate Division, Second Department, New York Case: Carmela Gueli v. City of New York Date: Feb. 21, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident lawyer ) ************************************************** RELATED POSTS: CITY OF NEW YORK LOSES SUMMARY JUDGMENT IN SLIP-AND-FALL ACCIDENT ...
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