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- Newsletters
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- 2015
- 2014
- December
- November
- October
- Defendant Relieved of Lawsuit Default Even Though it Did Not Make Formal Motion for Relief
- Dismissal Denied to Retail Stores in Mall Where Shopping Cart Dropped onto Accident Victim
- Police Had No "Special Duty" to Protect Student Shot on Way Home From High School
- Police Officer Injured in Fall From Truck Allowed to Sue NYPD for Violation Of Statute
- September
- August
- July
- June
- May
- April
- State Court Gives Reciprocal Discipline to Attorney Censured by Federal Court
- Accident Victim's Drug Treatment Records Need Not Be Disclosed Where Their Relevance Not Shown
- Plaintiff Denied Court's Commission to Conduct Non-party Witness Deposition of Eyewitness Living in Ecuador
- Court Won't Allow Child's Settlement Money to Be Withdrawn to Be Used by His Mother
- Claim for Burns from Hair Care Product Tossed Where Plaintiff Ignored Warning Label Not to Use Near Open Flame
- March
- February
- January
- 2013
- December
- November
- Summary Dismissal in Slip-and-Fall Parking Lot Accident Denied to Snow Removal Company That Plowed Snow into Pile
- Labor Law Case for Ladder Slip Dismissed Against Owner of One Family House Where Homeowner Didn't Direct or Control Work
- Attorney Does Nothing about Disciplinary Charges and Gets Suspension for Not Cooperating; Still Does Nothing and is Disbarred
- Infant's Medical Malpractice Birth Defect Case Dismissed for Late Notice of Claim
- Construction Worker Injured in Fall from Permanent Elevated Walkway Granted Summary Judgment under Labor Law
- October
- Defense in Car Accident Loses No-Fault Threshold Dismissal Motion Where its Orthopedist Finds Limitations
- N.Y.C. Denied Dismissal of Accident Case by Driver Whose Car Struck Broken Fire Hydrant
- Involuntarily Committed Plaintiff Loses State Court Case Against Hospital Based on Federal Court's Prior Dismissal
- Defective Traffic Light Claimed to Cause Car Accident; Nassau County Kept in Case
- Though Precluded from Testifying at Trial, Third-Party Defendant Can Be Called to Testify by Plaintiff
- Accident Lawsuit of Restaurant Patron Jostled While Drinking from Glass Dismissed
- Accident Victim Denied Permission To File Late Notice Of Claim Against N.Y.C. Housing Authority
- School Not Liable for Sudden, Unexpected Injury of One Eighth Grade Student by Another
- Accident Victim Didn't Show Due Diligence in Seeking to Overturn Prior Summary Judgment Dismissing His Case
- Federal Conviction for Filing False Immigration Documents Gets Lawyer Automatically Disbarred
- Electrician Loses Case Against Display Box Designer Where Glass Panel Crushed His Hand as He Was Trying to Remove it
- Plaintiff Losses Summary Judgment in Sidewalk Accident; Can't Connect Contractors to Construction Work
- Defense Gets Summary Judgment in Car Accident "Serious Injury" Motion Second Time Where Plaintiff Lied about Prior Accidents
- NYCTA Denied Summary Judgment in Trip-and-Fall over Wooden Board on Subway Platform
- September
- N.Y.C. Board/Dept. of Education Dismissed from Suit for Sexual Abuse of High School Student by Paraprofessional Who Knew Him f
- Issue of Fact as to Whether Cardiologist's Assistant Should Have Known to Assist Elderly Patient Off Scale So He Wouldn't Fall
- Defense Meteorologist Can't Prove "Storm In Progress" Where Weather Reports Not Attached To Defense Summary Judgment Motion
- Accident Case Removed from Court's Trial Calendar Because Defense Wished to Depose Nonparty Witness
- School Fails to Show It Adequately Supervised Fourth-Grader Injured During Gym Class; Defense Denied Summary Judgment
- Case Dismissed Against Office Worker Who Tripped on Raised Carpet Tile; No Notice to Defendants
- Lawyer Disbarred after Felony Conviction for Foreign Travel to Have Sex with a Minor
- Plaintiff Miscarriage Two Weeks after Accident Raises Issue of Fact as to Whether Accident-Related; Defense No-Fault Summary J
- Town Only Has A"Qualified Immunity" Not "Absolute Immunity" in Accident Case by Motorist Who Drove Through Guardrail
- Refrigerator Manufacturer and Maintainer Denied Summary Judgment in Slip-and-Fall Case by Injured Deli Worker
- Police Officer's Lawsuit for Injury During Arrest Dismissed for Failure to Show Statue or Regulation Violated by Defendant
- Home Health Aide Injured in Car Driven by Her Client Not His "Special Employee"; Defense Summary Judgment Denied
- Painter Who Tipped Over Cart Doesn't Get N.Y.S. Labor Law Protection; Summary Judgment Granted to Defense & Case Dismissed
- Dismemberment Versus Amputation Injuries
- Architect's Motion to Dismiss Accident Complaint Improperly Converted to Summary Judgment Motion; Dismissal Denied as Prematur
- Plaintiff Who Fell down Steps at Florist Shows Possible Building Code Violation; Summary Judgment Denied to Out-of-Possession
- August
- Landlord Fails to Show Lack of Constructive Notice, Is Denied Summary Judgment in Stairway Accident
- Trial Judge Erred in Failing to Tell Jury to Consider Bus Accident Short Stop Victim's Claim of Fracture under No-Fault Law
- Evidence Supports Claim by Accident Victim for Punitive Damages in Negligent Hiring of Garbage Truck Driver Who Hit Bus; Motio
- Neither Plaintiff or Defense Gets Summary Judgment in Labor Law Case Where Construction Worker Fell from Unsecured Wooden Plan
- Plaintiff Hurt When He Crouched To Pass Through Too-Short Doorway While Carrying Heavy Box; Summary Judgment Denied To Buildin
- No Liability to EMT Whose Ambulance Has an Accident with a Parked Truck
- Electronic Signature Permitted by Defense Doctors; Accident Victim Beats Defense Summary Judgment on No-Fault "Serious Injury"
- Plaintiff Falling from Ladder While Cleaning a Closet Shelf as Part of Renovation Project Can Make Labor Law Claim
- EMG Medically Necessary for Car Accident Victim--GEICO Must Pay
- Restaurant and Staffing Agency Summary Judgment Motions Denied in Slip-and-Fall Accident on Broken Glass
- Questions of Fact Keep Mall Owner and Snow Remover in Slip-and-Fall Accident Lawsuit
- Defense Summary Judgment Granted in Medical Malpractice Case Because Plaintiff's Expert Physician's Affidavit Insufficient
- Plaintiff Gave an Adequate Version of How this Accident Happened -- Not Speculation -- to Defeat Defense Summary Judgment
- Injured Subway Rider Can't Recover Where Train Strikes Bicycle on Train Tracks
- Summary Judgment Denied to Supermarket That Couldn't Say When it Last Inspected Aisle with "Green Stuff" on Floor That Caused
- July
- Jury Verdict Tossed on Appeal for Failure to Meet "90 of 180 Day" No-Fault Serious Injury Threshold
- Defendants' Summary Judgment Motion Denied in Trip-and-Fall in Tree Well Where They Don't Show That NYC Owned It
- Plaintiff Who Sued Retired Judge in County Where Judge Presided for 20 Years Permitted to Transfer Case (Venue) to a Different
- Bus Avoids Summary Judgment for Rear-End Collision by Claiming Car in Front Suddenly Stopped Short
- Accident Victim Loses Summary Judgment Against Left Turning Car; Court Doesn't Give a Clue Why
- Even Though Mistake to Permit Jury to Hear Deposition Testimonies Where Witnesses "Took the Fifth" 400 Times, Trial Verdict St
- SCHOOL NOT LIABLE FOR INJURY DUE TO HORSEPLAY BETWEEN TWO SIXTH GRADE FRIENDS
- Family of Electrocuted Accident Victim Can't Prove Contractor Did Work or Even Existed Before Accident
- Plaintiff's $1.6 Million Product Liability Jury Verdict Tossed Because She Had Wrong Expert at Trial
- Firework Accidents Injure Dozens around the 4th of July
- June
- Summary Judgment on Labor Law Granted in Favor of Worker Injured While Avoiding Fall off Ladder
- Labor Law Claims of Worker Injured in Fall off Barge Preempted by Federal Maritime Law and Dismissed
- Church Not Liable To Senior Citizen Injured By Collapse Of Folding Table Set Up By Senior Citizen's Club Volunteer
- Appeals Court Increases Jury Verdict for Knee Replacement from $50,000 to $200,000
- May
- Having Spine Surgery Equals "Spoliation of Evidence"; Accident Case Dismissed
- Lawyer Disbarred For "Borrowing" $155,000 Escrow Money Over Two Years
- CASE DISMISSED AGAINST LANDOWNER AND TENANT IN TRIP-AND-FALL OVER "OPEN AND OBVIOUS" CONCRETE PARKING LOT WHEEL STOP
- COLLAPSING FLOOR GIVES INJURED CONSTRUCTION WORKER LABOR LAW CLAIM
- April
- Defense Summary Judgment Granted Against Plaintiff Motorist Who Had Stop Sign
- ISSUE OF FACT AS TO WATER-SPRAYING SAW IN SLIP-AND-FALL LABOR LAW CASE
- Falling Worker Grabs Pipe, Suffers Freon Burn to Hands; His Labor Law Case Dismissed
- Owner of Parked Car Denied Summary Judgment in Car Accident Case
- Drowsy Driving in the City that Never Sleeps
- March
- Slip and Fall Hospital Worker Accident Victim Beats Defense Summary Judgment Motion of Hospital Cleaning Company
- Injured Cheerleader's Case Against Coach and School Dismissed Due to "Assumption of the Risk"
- New York City Had No "Special Relationship" to Man Killed by Pit Bulls; Not Liable for Negligence.
- ELECTROCUTION VICTIM ORDERED TO TAKE MMPI-2 TEST AS PART OF DEFENSE MEDICAL EXAM
- Lawyer Can't Drop Accident Lawsuit Just Because There's No Money to Be Made.
- February
- New York Giants Offensive Lineman Pleads Guilty to Drunk Driving
- Knee Replacement Products Liability Claim Preempted by FDA Approval; Case Dismissed
- Brooklyn Man Arrested in Connection with Fatal Crash
- Accident Victim Given Second Chance to Serve Defendants Where He Tried to Negotiate Settlement While Waiting Almost Too Long t
- Sidewalk Trip-and-Fall Victim Denied New Trial Because Failure to Let Her Show Photographs of Defect to Jury Was "Harmless Err
- Multi-Million Dollar Jury Awards to Construction Worker Hurt in Ladder Fall Are Reasonable
- January
- Landlord Loses Summary Judgment Motion Against Child Burnt by Too-Hot Water in Bathtub
- Accident Case Marked "Inactive" But Never Placed On Trial Calendar Restored To "Active" Status
- Construction Worker Injured by Collapse of Plywood Floor Loses on Summary Judgment; Labor Law not applied to Conversion to One
- Piece of Catheter Left in Medical Malpractice Claimant's Chest Not a Foreign Object; Case Dismissed as Too Late.
- Federal Express Delivery Driver Backs Away from Dog and Falls; He Dies from Other Causes Before He Can Give Sworn Testimony; D
- 2012
- December
- Carpenter Slips on Plank Used as Ramp; Summary Judgment Denied Because Plank Wasn't Part of Safety Equipment Used in Construct
- Complete New Trial Order for Accident Victim in Slip-and-Fall Case Against Costco, Where Jury Goofed
- Passenger In Rear-End Collision Keeps Owners and Driver Of Her Vehicle in Case Because They Failed To Show That Their Driver W
- Construction Worker's Amended Bill of Particulars Is Really a Supplemental One, and He Doesn't Need Court Permission to Serve
- November
- Plaintiff Who Claimed Difficulty Urinating Waived Privilege with Respect to Medical Records of His Kidney Disease; Defense Ent
- Defense Summary Judgment Motion Denied in Case of Woman Who Lost Her Finger Tip Due to Defective Chair in Restaurant
- Plaintiff Who Tripped on Plastic Newspaper Strap Keeps Her Case Alive; Defense Summary Judgment Motion Loses
- D'LITE, SUING "SHAME, SHAME SHAME" T.V. SHOW FOR DEFAMATION, FAILS TO SHOW NEED FOR ADDITIONAL DOCUMENT DISCOVERY
- ACCIDENT VICTIM NOT REQUIRED TO SUBMIT TO SECOND DEFENSE ORTHOPEDIC EXAMINATION, WHERE DOCTOR GAVE HER A COMPLETE FIRST EXAMIN
- October
- CONSTRUCTION WORKER STRUCK BY SAND-FILLED HOPPER THAT FELL OFF FORKLIFT NOT ENTITLED TO SUMMARY JUDGMENT ON LABOR LAW CLAIMS
- AUTO ACCIDENT CASE DISMISSED AFTER TRIAL VERDICT OF $150,000, WHERE PLAINTIFF HAD ONLY LICENSE PLATE OF CAR WHO STRUCK HER, GI
- ACCIDENT VICTIM WHO HAD KNEE SURGERY BEATS DEFENSE NO-FAULT "SERIOUS INJURY" SUMMARY JUDGMENT THRESHOLD MOTION
- CARPENTER INJURED AT CONSTRUCTION SITE CAN SUE WHERE FORM USED FOR CONCRETE POUR FELL ON HIM
- SIDEWALK ACCIDENT CASE DISMISSED BECAUSE CONSTRUCTION ON ADJOINING PROPERTY NOT CAUSALLY RELATED TO DEFECTIVE CONDITION; NO PR
- DRUNK LAWYER DRIVES INTO POLE, TRIES TO BRIBE COP; PENALTY: PUBLIC CENSURE
- SCHOOL'S SUMMARY JUDGMENT MOTION DENIED WHERE THREE YEAR-OLD CLAIMS INJURY DUE TO LACK OF PLAYGROUND SUPERVISION
- September
- SUMMARY JUDGMENT DISMISSES CASE OF STUDENT HURT PLAYING FLOOR HOCKEY DURING HIS PHYSICAL EDUCATION CLASS DUE TO "ASSUMPTION OF
- DEFENSE SUMMARY JUDGMENT DENIED IN STAIRWAY SLIP AND FALL WHERE QUESTION OF FACT AS TO "STORM IN PROGRESS"
- JURY VERDICT UPHELD; IT COULD REASONABLY FIND THAT CAR THAT STRUCK ANOTHER CAR, LEFT ROADWAY AND STRUCK 2 PEDESTRIANS WAS OUT
- ACCIDENT VICTIM LOSES SUMMARY JUDGMENT ON NO-FAULT "SERIOUS INJURY" THRESHOLD; ALSO BUS FACED EMERGENCY IN CROSS-OVER ACCIDENT
- CONSTRUCTION WORKER'S INJURY CLAIM THAT CO-WORKER SLIPPED ON WET RAMP AND LOST GRIP ON DOOR FRAME THEY WERE CARRYING DISMISSED
- CAR ACCIDENT VICTIM USES MRI & EMG & DIMINISHED RANGE OF MOTION TO BEAT DEFENSE NO-FAULT "SERIOUS INJURY" THRESHOLD MOTION
- ACCIDENT VICTIM TRIPS ON FENCE SURROUNDING SIDEWALK TREE WELL; BUILDING OWNER WINS SUMMARY JUDGMENT DISMISSING CASE
- August
- ISSUE OF FACT AS TO WHETHER WORKER SUFFERED A "GRAVE INJURY"; NO SUMMARY JUDGMENT FOLLOWING WORKER'S DEATH FROM ACCIDENTAL OVE
- POLICE OFFICER HURT WHILE GETTING PASSENGERS FROM STUCK NYCTA ELEVATOR; JURY VERDICT TOSSED BY TRIAL COURT REINSTATED ON APPEA
- CAR ACCIDENT VICTIM LOSES DEFENSE THRESHOLD NO-FAULT SUMMARY JUDGMENT MOTION BECAUSE PLAINTIFF'S AFFIDAVIT NOT ENOUGH
- LEGAL MALPRACTICE COMPLAINT UPHELD FOR INJURY PLAINTIFF WHO CLAIMS SHE SETTLED TOO CHEAPLY
- ACCIDENT PLAINTIFF STRUCK BY PIECE OF SCAFFOLDING HE WAS DISMANTLING NOT ENTITLED TO FAVORABLE DIRECTED LIABILITY TRIAL VERDCI
- DEFENSE SUMMARY JUDGMENT MOTION GRANTED AGAINST PEDESTRIAN WHO PASSED BETWEEN PARKED CARS & WALKED INTO REAR OF BUS
- July
- DEFENDANT WHOSE ANSWER WAS STRICKEN CAN'T SEEK DISCOVERY BY VACATING PLAINTIFF'S NOTE OF ISSUE
- INSURANCE CARRIER MUST PAY DEFENSE COSTS FOR INSURED BEING CRIMINALLY PROSECUTED IN FEDERAL COURT UNTIL FINAL DECISION THAT IN
- SUMMARY JUDGMENT GRANTED TO WORKER ON LABOR (SCAFFOLD/LADDER) LAW CLAIM AGAINST OWNER'S AGENT OR CONTRACTOR
- DEFENSE MOTION TO COMPEL DEPOSITION OF NON-PARTY WITNESS DENIED FOR INCOMPLETE SUBPOENA SERVICE
- JURY VERDICT IN PEDESTRIAN KNOCKDOWN "AGAINST WEIGHT OF EVIDENCE" WHERE DRIVER NEVER SAW ACCIDENT VICTIM IN CROSSWALK; NEW TRI
- NEW YORK CITY TRANSIT AUTHORITY LOSES SUMMARY JUDGMENT MOTION AGAINST SUBWAY PASSENGER WHO FELL IN "GAP"; NO QUALIFIED IMMUNIT
- ACCIDENT PLAINTIFF'S CASE DISMISSED FOR MULTIPLE FAILURES TO ATTEND DEPOSITIONS
- PEDESTRIAN HIT ON HEAD BY DEBRIS FROM COLLAPSING SIDEWALK BRIDGE BEATS DEFENSE SUMMARY JUDGMENT, QUESTION OF FACT IF WOOD WAS
- Rules for Commercial Bicyclists
- SECURITY GUARD ASSAULTED BY U.P.S. EMPLOYEE NOT ENTITLED TO STRIKE COMPANY'S ANSWER FOR LOSING EMPLOYEE PERSONNEL FILE, AS SPO
- SUMMARY JUDGMENT GRANTED TO COMMUNITY CENTER AGAINST BASKETBALL PLAYER PUNCHED IN JAW; NOTICE IT HAD OF OLD DISPUTE BETWEEN PL
- ATTORNEY WHO PLEADED GUILTY TO FAILING TO FILE/PAY TAXES AND SENTENCED TO PRISON SUSPENDED FROM PRACTICE PENDING DISCIPLINARY
- SUMMARY JUDGMENT ON LIABILITY GRANTED TO MOTORIST IN REAR-END COLLISION
- ACCIDENT VICTIM'S EXPERT PRECLUDED FROM TRIAL FOR LATE DISCLOSURE, BUT UNIFIED TRIAL GRANTED BECAUSE OF DISPUTE AS TO WHICH PA
- INSURANCE COMPANY SLOW PAYING SETTLEMENT MONEY OWES PLAINTIFFS INTEREST ON AMOUNT IN RELEASE PLUS COSTS, BUT NO ATTORNEY'S FEE
- DEFENSE NO-FAULT "SERIOUS INJURY" THRESHOLD MOTION GRANTED ONLY TO EXTENT OF DISMISSING PLAINTIFF'S "90/180-DAY CLAIM" BECAUSE
- DEFENSE GETS NEW TRIAL WHERE JUDGE MISTAKENLY PRECLUDED DEFENSE DOCTOR FROM TESTIFYING THAT ELEVATOR ACCIDENT'S VICTIM'S STROK
- CONSTRUCTION WORKER'S FOOT RUN OVER BY BACKHOE MAY HAVE LABOR LAW CLAIM; DEFENSE SUMMARY JUDGMENT MOTION SEEKING DISMISSAL DEN
- CHILD INJURED WHEN VEHICLE SHE WAS LEARNING TO DRIVE WENT INTO WATER NEED NOT REPAY MEDICAID LIEN TO THE EXTENT THAT SETTLEMEN
- CONSTRUCTION WORKER'S LABOR LAW SUMMARY JUDGMENT MOTION DENIED; ISSUES OF FACT WHETHER CONDUIT PIPE THAT STRUCK HIM WAS "FALLI
- TRIAL VERDICT AGAINST N.Y.C. UPHELD FOR PEDESTRIAN TRIP-AND-FALL INTO MANHOLE
- WORKER INJURED RUNNING CABLE BEATS LABOR LAW SUMMARY JUDGMENT; FACT ISSUE WHETHER INJURED DUE TO DEFENDANTS' FAILURE TO PROTEC
- June
- LABOR LAW SUMMARY JUDGMENT GRANTED IN FAVOR OF CONSTRUCTION WORKER WHO FELL 15 FEET FROM OPENING IN SIDEWALK SHED THAT EXTENDE
- DEFENSE SUMMARY JUDGMENT DENIED; TENANT'S MOLD EXPERT SATISFIED FRYE & RAISED ISSUE OF FACT AS TO WHETHER MOLD IN APARTMENT IN
- HORSE RIDER'S CASE AGAINST SUED RACE TRACK OWNER FOR INJURIES WHEN HORSE FELL WHILE CROSSING ROAD DISMISSED FOR ASSUMPTION OF
- ACCIDENT VICTIM'S LAWSUIT TO COLLECT JUDGMENT FROM INSURER FAILS TO SURVIVE DISMISSAL MOTION WHERE SHE DIDN'T SHOW INSURER'S D
- ISSUES OF FACT AS TO POSSIBLE NEGLIGENCE OF BUILDING OWNER AND CONSTRUCTION MANAGER BLOCK WORKER'S SUMMARY JUDGMENT MOTION WHE
- DEFENSE DENIED SUMMARY JUDGMENT FOR FAILING TO SHOW PROPER MAINTENANCE OF TIRE THAT SHREDDED & STRUCK PLAINTIFF'S VEHICLE
- CAR WASH GRANTED SUMMARY JUDGMENT OF DISMISSAL WHERE PEDESTRIAN KNOCK-DOWN ACCIDENT DUE ONLY TO MECHANICAL (BRAKE) FAILURE OF
- SCHOOL NOT LIABLE FOR INJURY TO STUDENT PUSHED DURING BASKETBALL GAME; SUMMARY JUDGMENT GRANTED TO SCHOOL (NYC)
- COLLEGE WINS SUMMARY JUDGMENT DISMISSAL OF NEGLIGENCE CLAIM OF STUDENT ASSAULTED IN DORM ROOM FOR LACK OF FORESEEABILITY
- BUILDING OWNER WINS SUMMARY JUDGMENT AGAINST POLICE OFFICE FOR SLIP AND FALL ON STAIRCASE -- OWNER SHOWED IT DID NOT CREATE OR
- CONSTRUCTION WORKER FALLS OFF SCAFFOLD 3 FEET FROM TOP OF WALL TO GROUND; GRANTED SUMMARY JUDGMENT UNDER N.Y.S. LABOR LAW
- JURY'S LIABILITY TRIAL VERDICT IN FAVOR OF PEDESTRIAN STRUCK STANDING NEAR FRONT OF CAR UPHELD AS NOT "AGAINST THE WEIGHT OF T
- WORKER GETS SUMMARY JUDGMENT ON LABOR LAW CLAIM DUE TO HOISTED PIPE DROPPING AND STRIKING HIM; DEFENDANTS FAILED TO PROVIDE AN
- TENANT DIDN'T USE OR MAINTAIN EXTERIOR STAIRWAY WHERE PLAINTIFF FELL AND IS GRANTED SUMMARY JUDGMENT DISMISSING COMPLAINT
- POLICE REPORT NOT ADMISSIBLE EVIDENCE WHERE UNIDENTIFIED WITNESS GAVE LICENSE PLATE NUMBER TO ACCIDENT VICTIM ON SLIP OF PAPER
- DEFENSE SUMMARY JUDGMENT DENIED; GENUINE ISSUES OF MATERIAL FACT EXIST AS TO WHETHER PLAINTIFF SUFFERED "SERIOUS INJURY" WITH
- NYCHA DENIED SUMMARY JUDGMENT FOR DEATH AND INJURIES IN FIRE; FACT ISSUE WHETHER SMOKE ALARM PROPERLY INSTALLED AND WORKING
- CONSTRUCTION WORKER WHO FELL THROUGH HOLE AFTER PUSHED BY CO-EMPLOYEE MAY BE ENTITLED TO LABOR LAW PROTECTION DUE TO POSSIBLE
- ACCIDENT VICTIM SUED INSURER TO COLLECT INJURY JUDGMENT; INSURER DENIED SUMMARY JUDGMENT BECAUSE ISSUE AS TO ITS PROPER DISCLA
- ENOUGH EVIDENCE TO UPHOLD JURY VERDICT HOLDING THAT NYCTA LIABLE FOR INJURING ACCIDENT VICTIM WHO CAUGHT FOOT UNDER SUBWAY TUR
- SUMMARY JUDGMENT DENIED TO DEFENDANT WHERE ISSUE OF FACT IF IT HAD NOTICE OF SAND BY OUTSIDE STAIRS OF SCHOOL
- DEFENDANTS GRANTED SUMMARY JUDGMENT OF DISMISSAL WHERE NO NOTICE OF BENT "LIP" ON EDGE OF METAL MOLDING SURROUNDING ACCESS DOO
- OWNER'S SUMMARY JUDGMENT DENIED WHERE CELLAR DOORS COLLAPSED BENEATH ACCIDENT VICTIM: OWNER DIDN'T SHOW DEFECTIVE CONDITION WA
- SUMMARY JUDGMENT DENIED TO PEDESTRIANS INJURED BY COLLAPSING SIDEWALK SHED; ISSUE OF FACT IF IT WAS PROPERLY BUILT; N.Y.C. GRA
- PLAINTIFF'S SCAR NOT SUFFICIENT TO MAINTAIN CAR ACCIDENT CLAIM FOR "SERIOUS INJURY"; FRACTURE NOT PROVEN
- MEDICAL MALPRACTICE OBSTETRICIAN GRANTED SUMMARY JUDGMENT WHERE CONTINUED EMERGENCY C-SECTION AFTER FETAL HEART RATE LOST; NO
- UNDER "ASSUMPTION OF THE RISK" SCHOOL WINS SUMMARY JUDGMENT AGAINST INJURED CHEERLEADER
- MACY'S CUSTOMER SITTING ON FOLDING CHAIR THAT SUDDENLY BROKE LOSES TO DEFENSE SUMMARY JUDGMENT MOTION: NO NOTICE TO STORE OF P
- SCAFFOLD WITH TWO BUSTED WHEELS NOT APPROPRIATE FOR CONSTRUTION WORK, SUMMARY JUDGMENT GRANTED IN PLAINTIFF'S FAVOR FOR LABOR
- PARK DISTRICT NOT LIABLE FOR PEDESTRIAN'S SLIP-AND-FALL INJURY ON ICE ON SIDEWALK ICE NEXT TO LAND OWNED BY DISTRICT DESPITE L
- May
- COURT HOLDS THAT NEW TRIAL WARRANTED AFTER JURY VERDICT FOR DEFENDANTS IN MEDICAL MALPRACTICE, ACTION IN LIGHT OF INAPPROPRIAT
- N.Y. METS WIN DISMISSAL OF ACCIDENT CLAIM FOR TRIP AND FALL (CPLR 3211), NO DUTY TO MAINTAIN PUBLIC BOARDWALK BY STADIUM
- DEFENDANT'S SUMMARY JUDGMENT MOTION GRANTED AGAINST ACCIDENT VICTIM INJURED BY ROLL DOWN METAL DOOR; IT HIRED INDEPENDENT CONT
- ATTORNEY TOOK CLIENTS' MONEY; HAS NO DEFENSE SO RESIGNS LAW LICENSE
- PLAINTIFF'S AUTOMOBILE PROPERTY DAMAGE CASE DISMISSED BECAUSE THEY COULDN'T SHOW THAT DEFENDANT KNEW OF OR CONTROLLED HER SON'
- SUMMARY JUDGMENT OF DISMISSAL GRANTED TO DEFENDANT IN TRIP-AND-FALL ON POCKETBOOK STRAP IN AISLE OF AIRPLANE; NO EVIDENCE OF W
- FIRED TEACHER CAN SUE DEFENDANTS WHO COMPLAINED TO SCHOOL AUTHORITIES AS PART OF SCHEME TO BLACKMAIL HIM; DEFENSE CPLR 3211 MO
- ISSUE OF FACT WHETHER NECK AND BACK INJURIES WERE PRE-EXISTING OR CAUSED BY CAR ACCIDENT; LIVERY PASSENGER BEATS DEFENSE SUMMA
- NO DISCLOSURE (DISCOVERY) ALLLOWED ON NEGLIGENT HIRING CLAIM WHERE BUS DRIVER WORKING AT TIME OF ACCIDENT
- PEDESTRIAN WHO TRIPPED OVER METAL CELLAR DOORS BEATS MOTION OF TENANT-DEFENDANT TO DISMISS FOR FAILURE TO STATE A CAUSE OF ACT
- DEFENDANT SUPERMARKET'S SUMMARY JUDGMENT MOTION DENIED IN DELIVERY CAR ACCIDENT; IT FAILS TO MEET BURDEN OF SHOWING THAT DELIV
- PEDESTRIAN WHO IMPALED FOOT ON BROKEN METAL SIGNPOST LOSES SUMMARY JUDGMENT, CAN'T RE-LITIGATE FROM RELATED CASE WHETHER VIEW
- PARKING GARAGE DENIED SUMMARY JUDGMENT AGAINST TRIP-AND-FALL ACCIDENT VICTIM; ISSUE WHETHER IT SHOULD HAVE NOTICED MISSING ORA
- WORKER MAKING WINDOW REPAIRS TO DEFENDANTS' RESIDENTIAL BUILDING INJURED WHEN LADDER SLIPPED, WINS SUMMARY JUDGMENT UNDER N.Y.
- CASE OF INJURED PLAINTIFF THROWN OUT BY TRIAL JUDGE ("DIRECTED VERDICT") BECAUSE TESTIMONY SPECULATIVE AS TO SOURCE OF SAND ON
- CONSTRUCTION WORKER BOARDING UP WINDOWS FOR BUILDING DEMOLITION PROTECTED BY N.Y.S. LABOR LAW IN FALL OFF LADDER
- ISSUE OF FACT AS TO WHETHER PEDESTRIAN ACCIDENT VICTIM WAS IN CROSSWALK WHEN STRUCK BY DEFENDANT'S CAR
- AUTO ACCIDENT INJURY CASE JURY TRIAL VERDICT, WHERE POLICE OFFICER FOUND NOT IN "EMERGENCY OPERATION," UPHELD
- CONSTRUCTION CONTRACTOR LIABLE UNDER SCAFFOLD (LABOR) LAW FOR FAILING TO PROVIDE LADDER TO PREVENT FALL OF WORKER WHO ASKED FO
- DEFENDANT LOSES SUMMARY JUDGMENT MOTION AGAINST WORKER WHO TRIPPED-AND-FELL ON BRICK UNDER PLASTIC COVERING NEWLY-POURED CONCR
- WORKER WHO TRIPPED OVER HOSE AT RAILROAD CAR REPAIR SHOP NOT PROTECTED BY NYS LABOR LAW; SUBCONTRACTOR DENIED SUMMARY JUDGMENT
- LAWYER'S SLOPPY SUPERVISION OF FIRM'S ESCROW BANK ACCOUNT MISSES THEFTS, COSTS CLIENTS MILLIONS OF DOLLARS; HE'S SUSPENDED
- INJURED WORKER'S SCAFFOLD (LABOR LAW) CLAIMS DISMISSED BECAUSE OF HOMEOWNER'S EXCEPTION
- PLAINTIFF INJURED WHEN ELECTRONICALLY OPERATED GATE CLOSED ON HIS HAND SUED FOR NEGLIGENCE; GATE INSTALLER'S SUMMARY JUDGMENT
- CONTRACTOR NOT LIABLE TO PEDESTRIAN WHO TRIPPED AND FELL ON HOLE IN ROADWAY
- PASSENGER IN BUS ACCIDENT LOSES SUMMARY JUDGMENT BECAUSE OF "EMERGENCY DOCTRINE"
- ASSAULT VICTIM'S SUIT DISMISSED; INTERCOM CONTRACTOR OWED HIM NO DUTY; BROKEN DOOR LOCK NOT "PROXIMATE CAUSE" OF ASSAULT IN AP
- JURY FINDS STAIR LANDING WHERE TENANT SLIPPED AND FELL WAS SAFE AT TIME OF ACCIDENT DESPITE CLAIM IT WAS WET AND DARK; COURT U
- PLAINTIFF RAISED ISSUE OF FACT AS TO WHETHER INJURIES TO CERVICAL AND THORACOLUMBAR SPINE AND HER SHOULDERS, CONSTITUTED SERIO
- ATTORNEY SUSPENDED FOR 18 MONTHS FOR REPEATED, INTENTIONAL MISREPRESENTATIONS IN LEGAL DOCUMENTS, GIVING FALSE TESTIMONY BEFOR
- DEFENSE SUMMARY JUDGMENT DENIED IN TRIP-AND-FALL ACCIDENT; ISSUE OF FACT AS TO WHETHER DEFECT WAS TRIVIAL
- April
- 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 LIAB
- CITY AND FIRE DEPT. NOT VICARIOUSLY LIABLE AS EMPLOYERS OF FIRE SAFETY INSPECTOR WHO PUSHED CHILD BECAUSE ASSAULT WAS OUTSIDE
- SUMMARY JUDGMENT GRANTED TO RESTAURANT AGAINST PATRON WHO FELL ON FIVE-INCH SINGLE STEP TRANSITION; STEP DID NOT CREATE "OPTIC
- INJURED ELEVATOR RIDER JUMPS FROM ELEVATOR, LOSES SUMMARY JUDGMENT TO NYCHA. DUE TO LACK OF NOTICE OF ELEVATOR MISLEVELING
- AUTO ACCIDENT VICTIM HAD 2 SURGERIES, BEATS DEFENSE NO-FAULT "SERIOUS INJURY" THRESHOLD SUMMARY JUDGMENT MOTION
- BY INSPECTION REPORT N.Y.C. HAD PRIOR WRITTEN NOTICE OF DEFECTIVE CONDITION THAT CAUSED TRIP AND FALL VICTIM'S ACCIDENT
- 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
- NYC PARKS WORKER INJURED MOVING HEAVY TRASH CAN; DEFENSE SUMMARY JUDGMENT DENIED TO CONSTRUCTION COMPANY ACCUSED OF FILLING CA
- CONSTRUCTION WORKER'S SUMMARY JUDGMENT MOTION UNDER N.Y.S. LABOR LAW DENIED; QUESTION OF FACT IF SCAFFOLD HAD RAILINGS
- WORKER'S CLAIM FOR CONTRACTING LEUKEMIA FROM TOXINS AT WORKSITE DISMISSED
- SUMMARY JUDGMENT GRANTED TO CONSTRUCTION WORKER WHO FELL FROM WALKWAY WITH NO GUARD RAILS OR OTHER BARRIERS, WHICH PROVIDED AC
- DEFENSE SUMMARY JUDGMENT DENIED AGAINST N.Y.S. LABOR LAW CLAIM OF WORKER WHO FELL FROM SCAFFOLD MISSING ATTACHED LADDER
- MOTION TO AMEND NOTICE OF CLAIM FOR FALSE ARREST DENIED BECAUSE LATE
- NEW TRIAL FOR EYE SURGERY MEDICAL MALPRACTICE VICTIM; AFTER DISMISSAL OF HER PRODUCTS LIABILITY CLAIM AGAINST DEVICE MAKER ERR
- NEW LIABILITY TRIAL FOR BUS MANUFACTURER IN ROLLOVER ACCIDENT WHERE BUS DRIVER FELL ASLEEP BUT JURY FOUND 100% AGAINST MANUFAC
- DEFENDANTS STRICTLY LIABLE FOR DAMAGE TO ADJOINING PROPERTY DUE TO EXCAVATION WORK
- ACCIDENT VICTIM FELL IN TRENCH IN SHOP; DEFENSE SUMMARY JUDGMENT MOTION DENIED, ISSUE OF FACT WHETHER IT DIRECTED THE DIGGING
- CONSTRUCTION WORKER HURT IN SCAFFOLD FALL HAS N.Y.S. LABOR LAW TRIAL VERDICT FOR FUTURE PAIN & SUFFERING REDUCED
- ACCIDENT VICTIM KEEPS HER RIGHT TO CHOOSE COUNTY WHERE LAWSUIT IS CONDUCTED (VENUE)
- MEDICAL MALPRACTICE LATE NOTICE OF CLAIM DENIED 9 YEARS LATER; HOSPITAL HAD NO ACTUAL KNOWLEDGE OF CLAIM
- FOUR-TON STEEL BLOCK, EVEN DROPPED SHORT DISTANCE, MAKES OUT N.Y.S. LABOR LAW "FALLING-OBJECT CLAIM" FOR INJURED WORKER
- DEFENSE DOCTOR'S OPINION THAT PLAINTIFF'S INJURIES WERE DEGENERATIVE REBUTTED BY PLAINTIFF'S CHIROPRACTOR; DEFENSE SUMMARY JUD
- 3-YEAR LICENSE SUSPENSION FOR ATTORNEY WHO WAS CRIMINALLY CRUEL TO GIRLFRIEND
- DEFENDANT DOCTOR DENIED SUMMARY JUDGMENT IN MEDICAL MALPRACTICE CASE; ISSUE OF FACT AS TO WHETHER THERE WAS "CONTINUOUS TREATM
- INJURED WORKER'S LABOR LAW CLAIMS FROM LADDER SLIP DISMISSED AT TRIAL
- STONE MONUMENT FALLS ON PARK VISITOR'S FOOT; TOWN GETS OUT ON ITS SUMMARY JUDGMENT MOTION -- NO NOTICE; CONTRACTOR STAYS IN CA
- ACCIDENT PLAINTIFF SERVES NEW MEDICAL REPORT WHILE CASE ON TRIAL CALENDAR; DEFENSE ENTITLED TO NEW MEDICAL EXAMINATION
- SLIP-AND-FALL ACCIDENT VICTIM CAN'T SUE FOR ALLEGED OIL LEAK FROM CAR; DEFENSE SUMMARY JUDGMENT GRANTED, CASE DISMISSED
- March
- PLAINTIFF DENIED SUMMARY JUDGMENT ON LIABILITY IN REAR-END COLLISION CASE WHERE DEFENDANT DRIVER CLAIMS HE WAS CUT-OFF BY ANOT
- JETBLUE LOSES ITS MOTION FOR SUMMARY JUDGMENT TO DISMISS COMPLAINT OF AGAINST ACCIDENT VICTIM WHO FELL ON JETBRIDGE AT J.F.K.
- PLAINTIFF WINS SUMMARY JUDGMENT ON LIABILITY FOR 3 SEPARATE REAR-END COLLISION AUTO ACCIDENTS; HE SURVIVES 3 DEFENSE NO-FAULT
- MEDICAL MALPRACTICE DEFENDANT DOCTOR LOSES HIS SUMMARY JUDGMENT MOTION TO DISMISS CASE; FAILS TO MEET HIS BURDEN
- 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
- ELECTRICIAN'S NEW YORK LABOR LAW CLAIM DENIED WHERE HE FELL FROM LADDER WHILE HANGING A LIGHT
- N.Y.C. FIREFIGHTER PERMITTED TO SERVE LATE NOTICE OF CLAIM FOR BURNS DUE TO DEFECTIVE GLOVES
- ISSUE OF FACT AS TO WHETHER HANDRAIL REQUIRED WHERE ACCIDENT VICTIM FELL UP STEPS; DEFENSE SUMMARY JUDGMENT DENIED
- PLAINTIFF CAN'T ENTER JUDGMENT ON SETTLEMENT UNTIL HE GIVES DEFENSE MEDICARE/MEDICAID INFORMATION; DEFENSE PERMITTED TO PAY SE
- SCHOOL NOT LIABLE FOR INJURY TO 10TH GRADER DURING GYM CLASS; DEFENSE GRANTED SUMMARY JUDGMENT OF DISMISSAL
- IRONWORKER INJURED WHILE WORKING AT CONSTRUCTION SITE WHEN HOIST HE WAS RIDING FREE-FELL INTO SUB-BASEMENT ESTABLISHED VIOLATI
- N.Y.S. HAD NOTICE AND IS LIABLE FOR PREGNANT CORRECTION OFFICER'S SLIP-AND-FALL ACCIDENT; AT DAMAGES TRIAL INFANT STILL HAS TO
- WORKER HURT USING PROPERTY OWNERS' LOG SPLITTER CAN'T SUE; DEFENSE SUMMARY JUDGMENT GRANTED DISMISSING CASE
- NO NOTICE OF TRIPPING HAZARD TO GIRL HURT AT SCHOOL; DEFENSE GRANTED SUMMARY JUDGMENT DISMISSING CASE
- COURT UPHOLDS JURY VERDICT DISMISSING INJURY CLAIM FOR DEFECTIVE STOVE
- MOTORCYCLIST SUES N.Y.C. & DEPT. OF TRANSPORTATION FOR ACCIDENT ON PARKWAY RAMP; CASE DISMISSED FOR IMPROPER NOTICE OF CLAIM
- TESTIMONY FROM PATIENT'S MEDICAL MALPRACTICE EXPERT WAS INSUFFICIENT TO CREATE ISSUE OF FACT AS TO WHETHER HOSPITAL EMPLOYEE F
- PEDESTRIAN'S CASE FOR TRIP-AND-FALL ON WOOD BOARD AT CONSTRUCTION SITE DISMISSED DUE TO LACK OF NOTICE
- PRO SE (SELF-REPRESENTED) LEGAL MALPRACTICE PLAINTIFF GIVEN EXTENSION OF TIME TO SERVE SUMMONS AND COMPLAINT
- FIRE TRUCK IN ACCIDENT NOT IN "EMERGENCY OPERATION" AND NOT ENTITLED TO "RECKLESS DISREGARD" STANDARD; DEFENSE SUMMARY JUDGMEN
- IRON WORKER DEFEATS DEFENSE MOTION TO DISMISS LABOR LAW CLAIM WHERE HIS EYE INJURED FOR LACK OF PROTECTIVE EYEWEAR
- WORKER WINS SUMMARY JUDGMENT ON LIABILITY ON LABOR LAW CLAIM FOR SHAKY LADDER; NOT A SPECIAL EMPLOYEE
- UNINSURED MOTORIST COVERAGE DENIED FOR MEXICO CAR ACCIDENT
- WORKER'S ACT OF CLIMBING ONTO ROOF WAS "SOLE PROXIMATE CAUSE" OF HIS INJURY AND DEATH; DEFENSE SUMMARY JUDGMENT GRANTED
- SUMMARY JUDGMENT ON LIABILITY GRANTED IN AUTO CHAIN COLLISION
- DAMAGES REDUCED AFTER TRIAL; NO INDICATION OF ACCIDENT VICTIM'S INJURIES
- PLAINTIFF DENIED SUMMARY JUDGMENT ON LIABILITY AGAINST ILLEGAL U-TURNING DEFENDANT
- CLAIM OF WORKER INJURED WHEN PORTA-POTTY FLIPPED SURVIVES DEFENSE SUMMARY JUDGMENT
- DEFENSE MOTION FOR SUMMARY JUDGMENT ON NO-FAULT "SERIOUS INJURY" THRESHOLD DENIED BECAUSE IT MISSES AN INJURY
- PLAINTIFF SLIPPED AND FELL ON ICE IN DEFENDANTS' DRIVEWAY; ISSUE OF FACT AS TO WHETHER SHE SIGNED VALID RELEASE
- February
- DEFENSE SUMMARY JUDGMENT DENIED IN SIDEWALK SNOW AND ICE SLIP-AND-FALL: DEFENSE FAILS TO SHOW LACK OF CONSTRUCTIVE NOTICE
- PLAINTIFF DOESN'T KNOW WHY SHE FELL; SIDEWALK ACCIDENT CASE AGAINST NEW YORK CITY DISMISSED
- NOTICE OF CLAIM AGAINST NYCTA FOR NEGLIGENT HIRING AND SUPERVISION OF SUBWAY CONDUCTOR IS SUFFICIENT
- EXTERIOR METAL STAIRS COLLAPSE WHILE ACCIDENT VICTIM DESCENDING; DEFENSE LOSES SUMMARY JUDGMENT MOTION, FAILS TO SHOW LACK OF
- NEW YORK CITY GRANTED SUMMARY JUDGMENT WHERE IT DIDN'T OWN OR CONTROL BUILDING IN WHICH PLAINTIFF WAS RAPED, AND IT NOT LIABLE
- COURT UPHOLDS JURY VERDICT OF "NO CONTACT" DISMISSING CLAIM OF PEDESTRIAN ALLEGEDLY STRUCK BY GARBAGE TRUCK WHILE CROSSING STR
- CONSTRUCTION WORKER FALLS OFF SCISSOR LIFT; WINS LIABILITY SUMMARY JUDGMENT UNDER NEW YORK LABOR LAW
- LABOR LAW CLAIMS UPHELD IN FALL OFF A-FRAME LADDER; DEFENSE SUMMARY JUDGMENT DENIED
- DEFENSE LOSES "ASSUMPTION OF THE RISK" SUMMARY JUDGMENT MOTION IN LACROSSE PLAYER'S INJURY LAWSUIT
- DEFENSE FAILS TO SUPPORT ITS SUMMARY JUDGMENT MOTION IN SNOW AND ICE SLIP-AND-FALL CASE
- ACCIDENT VICTIM TRIPS OVER PLASTIC CABLE COVER; CASE DISMISSED FOR "TRIVIAL DEFECT"
- 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
- TRUCK KNOCKS OFF TREE BRANCH AND IT HITS ACCIDENT VICTIM'S HEAD; SUMMARY JUDGMENT GRANTED TO PLAINTIFF
- TRIP-AND-FALL ACCIDENT CASE DISMISSED ON DEFENSE SUMMARY JUDGMENT MOTION FOR "TRIVIAL DEFECT"
- DEFENSE NO-FAULT DISMISSAL MOTION DENIED; FROM SAME TESTING RESULTS ACCIDENT VICTIM'S DOCTORS AND DEFENSE DOCTORS DISAGREE ABO
- CASE DISMISSED ON SUMMARY JUDGMENT FOR NO NOTICE; PLAINTIFF SUFFERED ELECTRIC SHOCK WALKING INTO STORE
- CONSTRUCTION WORKER GETS NEW YORK LABOR LAW SUMMARY JUDGMENT FOR "FALLING OBJECT" INJURY AT DEBRIS CHUTE
- CAR ACCIDENT VICTIM'S CASE DISMISSED FOR NO "SERIOUS INJURY"; HIS DOCTOR(S) FAILED TO DIFFERENTIATE HIS INJURIES FROM TWO ACCI
- JURY ABSOLVES DEFENDANT DOCTORS OF CLAIMED MEDICAL MALPRACTICE IN CHILD'S BIRTH
- PLAINTIFF ASSAULTED IN PARK; NEGLIGENT SECURITY CASE AGAINST TOWN DISMISSED ON DEFENSE SUMMARY JUDGMENT MOTION
- CHILD KNOCKED OFF BICYCLE BY CAR HAS AMNESIA AND WITH NO EVIDENCE FOR HIS CASE, LOSES TO DEFENSE SUMMARY JUDGMENT MOTION
- DEFENSE MOTION TO DISMISS LABOR LAW CLAIM GRANTED WHERE PLAINTIFF HURT WHILE USING POWER GRINDER TO CUT METAL
- LABOR LAW ACCIDENT PLAINTIFF DENIED SUMMARY JUDGMENT AFTER A-FRAME LADDER FALL DUE TO ISSUES OF FACT
- BUS PASSENGER'S "SUDDEN STOP" ACCIDENT CASE DISMISSED
- POLICE DENIED SUMMARY JUDGMENT IN PEDESTRIAN KNOCKDOWN BY POLICE CAR: (1) DEFENSE DID NOT MEET ITS BURDEN ON NO-FAULT "SERIOUS
- DEFENSE PERMITTED TO AMEND ITS ANSWER TO ASSERT A COUNTERCLAIM AGAINST PLAINTIFF FOR NEGLIGENCE IN CAUSING FIRE THAT KILLED HE
- PERMISSION DENIED TO FILE LATE NOTICE OF CLAIM AGAINST CITY OF NEW YORK FOR SIDEWALK ACCIDENT
- LABOR LAW CLAIM OF CONSTRUCTION WORKER BURNED TO DEATH WHILE APPLYING POLYURETHANE TO FLOOR GOES FORWARD, HIS WORK WAS EQUAL T
- January
- 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
- MOTION TO AMEND "NOTICE OF CLAIM" AGAINST N.Y.C. HOUSING AUTHORITY TO CHANGE THEORY OF REASON FOR SLIP-AND-FALL ACCIDENT DENIE
- 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
- 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
- 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
- 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
- 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
- DEFENSE DENIED SUMMARY JUDGMENT ON LIABILITY WHERE PLAINTIFF'S CAR HIT STOPPED TRUCK; GOOD WORK BY PLAINTIFF'S EXPERTS, PLUS
- SLIP-AND-FALL ACCIDENT IN PARKING LOT: SUMMARY JUDGMENT TO SOME DEFENDANTS
- VENUE IN BRONX CASE STAYS IN BRONX
- 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 JUDGME
- 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
- 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
- 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
- December
- 2011
- December
- 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
- 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
- APARTMENT BUILDING MANAGING COMPANIES DENIED SUMMARY JUDGMENT IN INFANT (CHILD) LEAD-POISONING CASE: WORK MAY HAVE CAUSED OR W
- BAR FIGHT CASE DISMISSED ON SUMMARY JUDGMENT: NO "NEGLIGENCE" AND NO CONNECTION BETWEEN POSSIBLE "DRAM SHOP" VIOLATION AND INJ
- 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
- INSURED DIDN'T GIVE NOTICE OF LAWSUIT; ACCIDENT VICTIM'S DIRECT CASE AGAINST INSURANCE CARRIER DISMISSED ON DEFENSE SUMMARY JU
- 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
- 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 SUMMARY JUDGMENT GRANTED
- 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 SUP
- 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
- 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
- DEFENSE "SERIOUS INJURY" THRESHOLD SUMMARY JUDGMENT MOTION DENIED; ACCIDENT VICTIM'S DOCTOR'S AFFIDAVIT RAISE ISSUE OF FACT AS
- 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
- 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 A
- NEW YORK COURT OF APPEALS EASES REQUIREMENT FOR ACCIDENT VICTIM TO PROVE "SERIOUS INJURY"
- NEW YORK LABOR LAW INTERPRETED BROADLY TO GIVE JUST RESULT TO CONSTRUCTION WORKER INJURED BY FALLING PIPES
- "EMERGENCY DOCTRINE" APPLIED TO MULTI-VEHICLE CROSS-OVER AUTO ACCIDENT; SUMMARY JUDGMENT & CASE DISMISSAL GRANTED TO ONE CAR
- TRIP AND FALL ACCIDENT CASE DISMISSAL AFFIRMED ON APPEAL ON OTHER GROUNDS; DUTY WAS, YES, OWED TO PEDESTRIAN BY PARKING LOT OW
- DEFENSE DOCTOR SAYS INJURED ACCIDENT VICTIM FAKING, BUT FAILS TO EXPLAIN WHY HE THINKS SO; DEFENSE NO-FAULT "SERIOUS INJURY" S
- ACCIDENT VICTIM GOT WORKER'S COMPENSATION INSURANCE BENFITS; TRIED TO ALSO SUE NEW YORK CITY BUT "NOTICE OF CLAIM" WAS TOO LAT
- November
- AUTO ACCIDENT VICTIM HAD PRE-EXISTING KNEE PROBLEM & DOESN'T PROVE NEW INJURY; SUMMARY JUDGMENT GRANTED TO DEFENSE ON NO-FAULT
- WORKER'S COMPENSATION CAR ACCIDENT CLAIMANT GETS INSURANCE CARRIER PERMISSION TO SETTLEMENT "NUNC PRO TUNC"
- WOMAN SHOT BY EX-BOYFRIEND DID NOT HAVE "SPECIAL RELATIONSHIP" WITH NEW YORK CITY POLICE DEPT. SO AS TO RENDER IT LIABLE FOR F
- CLAIM AGAINST NEW YORK STATE FOR BREACH OF PRIVACY TOSSED ON A TECHNICALITY--PAPERS SERVED INCORRECTLY ON ATTORNEY GENERAL
- MARBLE CHIP IN STEP "NOSING" IS "TRIVIAL DEFECT" AND DEFEATS STAIRWAY TRIP-AND-FALL CASE; SUMMARY JUDGMENT GRANTED TO DEFENSE
- DEFENSE SUMMARY JUDGMENT MOTION IN HORSEBACK RIDING ACCIDENT CASE GRANTED DESPITE TWO IGNORED NOTICES TO ADMIT--WHICH CAN'T CO
- UNINSURED MOTORIST ACCIDENT CLAIM FAILS WHERE CONTACT WITH A CARDBOARD BOX BECAUSE IT'S NOT PART OF A VEHICLE
- ACCIDENT VICTIM'S PERSONAL INJURY BURN CASE ALLOWED TO PROCEED; SHE CLAIMS THAT BACARDI "151" RUM IS A DEFECTIVE PRODUCT
- CAR ACCIDENT DEATH CASE TRIAL VERDICT OVERTURNED ON APPEAL; JURY SHOULDN'T HAVE BEEN GIVEN EMERGENCY CHARGE IN SUN GLARE CASE
- LAWYER GETS PUBLIC CENSURE (REALLY, A SLAP ON THE WRIST) FOR USING CONFIDENTIAL TAX INFO TO HELP A CLIENT
- LAW FIRM RIPPED OFF BY FAKE HONG KONG CLIENT THAT GIVES IT A COUNTERFEIT CHECK
- DEFENSE DENIED SUMMARY JUDGMENT DISMISSALS IN BUILDING ACCIDENT CASE; DECISION GIVES NO CLUE GIVEN AS TO NATURE OF DEFECT THAT
- ATTORNEY LOSES LAW LICENSE (DISBARRED) FOR STEALING CLIENT ESCROW MONEY; MENTAL PROBLEMS NO EXCUSE
- LAWYER DOES BAD STUFF & IS SUSPENDED IN MASSACHUSETTS, NEW YORK' DISBARS HIM
- ACCIDENT CLAIM BY INJURED SKIER DISMISSED BASED ON OUR OLD FRIEND "ASSUMPTION OF THE RISK"
- NOT A "TRIVIAL DEFECT" IN TRIP-AND-FALL ACCIDENT
- NEW YORK STATE NOT LIABLE FOR NOT CLEANING ROADWAY WHERE DEBRIS WENT THROUGH ACCIDENT VICTIM'S WINDSHIELD
- SHE DIES IN TRIP-AND-FALL ACCIDENT ON SIDEWALK; CASE DISMISSED BECAUSE OF "TRIVIAL DEFECT"
- PLAINTIFF LOSES SUMMARY JUDGMENT MOTION WE DON'T KNOW WHY OR EVEN IF THIS IS AN ACCIDENT CASE
- PRIOR WRITTEN NOTICE RULE STRICTLY APPLIED AGAINST TOWN OF OYSTER BAY WHERE TRIP-AND-FALL ACCIDENT ON FLOATING WOODEN DOCK
- INJURED ACCIDENT VICTIM ACCIDENTALLY FELL ON FLOOR IN MACY'S & CAN'T SAY WHAT CAUSED FALL -- CASE DISMISSED ON SUMMARY JUDGMEN
- TELEPHONE INSTALLER INJURED IN FALL OFF LADDER WAS "ALTERING" BUILDING UNDER NEW YORK STATE LABOR LAW
- PHARMACIST SUED FOR GIVING WRONG MEDICATION, EVEN AFTER CASE AGAINST PHARMACY SETTLED
- CITY OF NEW YORK NOT LIABLE FOR CHILD'S ACCIDENT ON PUBLIC PLAYGROUND
- OUT-OF-POSSESSION LANDLORD NOT RESPONSIBLE FOR STAIRWAY ACCIDENT WHERE PLAINTIFF CAN'T SHOW "STRUCTURAL" DEFECT
- NO "NOTICE" OF RAISED RUG ON FLOOR; CASE DISMISSED ON DEFENSE SUMMARY JUDGMENT MOTION
- CHANGE CLOCKS, CHANGE BATTERIES; DEAD BATTERIES CAN LEAD TO DEATHS
- CHIROPRACTOR AFFIDAVIT HELPS AUTOMOBILE ACCIDENT VICTIM DEFEAT DEFENSE "SERIOUS INJURY" SUMMARY JUDGMENT THRESHOLD MOTION
- NO "PRIOR WRITTEN NOTICE" OF BROKEN CURB BY PARKING LOT; TRIP-AND-FALL ACCIDENT VICTIM LOSES TO DEFENDANT VILLAGE
- OLDER BIG APPLE POTHOLE MAP BEATS NEWER MAP; VICTIM OF TRIP-AND-FALL SIDEWALK ACCIDENT LOSES TO NEW YORK CITY--NO "PRIOR WRITT
- October
- ACCIDENT VICTIM BEATS BUS CO. SUMMARY JUDGMENT MOTION ON: (1) SHORT STOP, AND, (2) NEW YORK NO-FAULT "SERIOUS INJURY" THRESHOL
- BUILDING OWNER DENIED SUMMARY JUDGMENT IN ICY SIDEWALK SLIP-AND-FALL ACCIDENT; DID OWNER KNOW OF WATER RUNOFF FROM ROOF?
- FORKLIFT OPERATOR HURT WHEN BRAKES FAIL; HIS PRODUCTS LIABILITY CLAIMS AGAINST MANUFACTURER AND MAINTENANCE COMPANY DISMISSED
- SUMMARY JUDGMENT DENIED TO DEFENDANT PROPERTY OWNER IN SLIP AND FALL PARKING LOT ACCIDENT
- DEFENSE LOSES NO-FAULT "SERIOUS INJURY" SUMMARY JUDGMENT MOTION; ITS DOCTOR FOUND CAR ACCIDENT VICTIM HAD LIMITED MOTION OF NE
- SUMMARY JUDGMENT DENIED IN LABOR LAW CONSTRUCTION ACCIDENT; PLAINTIFF DIDN'T KNOW WHERE FALLING BUCKET CAME FROM
- RECALL OF FROG MASKS THAT CAN SUFFOCATE CHILDREN
- ACCIDENT VICTIM WINS "SERIOUS INJURY" MOTION; YET AGAIN, LITTLE CLUE WHY
- CAR ACCIDENT VICTIM BEATS SUMMARY JUDGMENT MOTION; (AGAIN) NO CLUE WHY
- ACCIDENT VICTIM DEFEATS "THRESHOLD" SUMMARY JUDGMENT MOTION; CASE DOESN'T SAY WHY
- UNEXPLAINED "GAP" IN TREATMENT KILLS CAR ACCIDENT VICTIM'S CASE
- TAXI DRIVER IN CAR ACCIDENT CASE REFUSES TO GIVE DEPOSITION; IS PRECLUDED FROM TESTIFYING AT TRIAL
- SOFT TOY DARTS ARE RECALLED; THEY CAN CHOKE AND KILL CHILDREN IF SWALLOWED
- ACCIDENT VICTIM LOSES NO-FAULT "SERIOUS INJURY" THRESHOLD MOTION BECAUSE HIS LAWYERS SUBMIT CHIROPRACTOR AFFIRMATION
- CLAIMS OF PRISONER WITH ARTIFICIAL LEG AGAINST NEW YORK STATE FOR FALL DOWN STAIRWAY FAILS WHERE NO DEFECT IN STAIRWAY IS ALLE
- DOWNHILL SKIING ACCIDENT CASE DISMISSED ON SUMMARY JUDGMENT DUE TO "ASSUMPTION OF THE RISK"
- DISMISSAL OF CASE OFF CALENDAR FOR MORE THAN ONE YEAR
- DOCTOR COMMITTED MEDICAL MALPRACTICE BY HAVING A SEXUAL RELATIONSHIP WITH PATIENT, EVEN WHERE IT WASN'T PART OF TREATMENT
- MOTION TO DISMISS PUNITIVE DAMAGES DENIED IN DRUNK DRIVING CAR ACCIDENT
- ACCIDENT RISK OF INJURY AND DEATH TO CHILDREN FROM FALLING T.V.'S AND FURNITURE
- MEDICAL MALPRACTICE CASE: EXPERTS DISAGREE WHETHER BABY'S HYPOGLYCEMIA CAUSED BRAIN INJURY AND CEREBRAL PALSY.
- GLASS COMPANY'S THIRD-PARTY CLAIM AGAINST BUILDING OWNER FOR ACCIDENT AND INJURY; SUMMARY JUDGMENT GRANTED
- HIGH SCHOOLER HIT IN FACE BY TEAMMATE'S SOFTBALL BAT; THIS ACCIDENT CASE DISMISSED AFTER TRIAL DUE TO "ASSUMPTION OF THE RISK"
- MONEY DAMAGES JURY AWARD REDUCED; MEDICAL MALPRACTICE CASE OF WOMAN WHO HAD SURGERY TO REMOVE EXCESS SKIN
- NO SUMMARY JUDGMENT TO DEFENSE ON NO-FAULT "SERIOUS INJURY" THRESHOLD MOTION; CAR ACCIDENT VICTIM HAD KNEE SURGERY 4 MONTHS PO
- CAR ACCIDENT VICTIM DOES NOT GET NEW TRIAL WHERE PLAINTIFF IN RELATED CASE DIED
- ACCIDENT VICTIM'S DEFAULT FORGIVEN, SHE DEFEATS DEFENSE MOTION SEEKING SUMMARY JUDGMENT ON NO-FAULT "SERIOUS INJURY" THRESHOLD
- ACCIDENT VICTIM TRIPPED OVER CART, NO NOTICE TO DEFENDANT OF CONDITION AND IT GETS CASE DISMISSED ON SUMMARY JUDGMENT
- SUBWAY TRAIN ACCIDENT VICTIM GETS AMOUNT OF MONEY DAMAGES FOR INJURY INCREASED ON APPEAL
- DOCTOR SUED FOR FRAUD IN NO-FAULT BILLING FOR CAR ACCIDENT CASES; HIS COUNTERCLAIMS DISMISSED
- September
- DOCTOR WHO TREATED MENTAL PATIENT OWED NO DUTY TO PATIENT'S MURDER VICTIM AND CAN'T BE SUED FOR MEDICAL MALPRACTICE
- PUNITIVE DAMAGES CLAIM DISMISSED AGAINST NURSING HOME THAT DID NOT WILLFULLY OR RECKLESSLY KILL 91 YEAR-OLD PATIENT; SUMMARY
- ADULT MENTAL PATIENT'S MOTHER CAN'T BE SUED FOR CAR ACCIDENT; LAWSUIT DISMISSED
- INJURED CAR ACCIDENT VICTIM CAN'T TELL DEFENSE IN LAWSUIT WHICH DOCTOR TO USE TO EXAMINE HER INJURY
- SUMMARY JUDGMENT GRANTED TO LANDLORD AND CONTRACTOR FOR SIDEWALK TRIP AND FALL ACCIDENT
- DIVORCING COUPLE FIGHT OVER SETTLEMENT MONEY FROM MEDICAL MALPRACTICE CASE
- POLICE NEGLIGENT IN GETTING SEARCH WARRANT FOR DRUGS AND KICKING IN DOOR OF APARTMENT OF INNOCENT SLEEPING MOTHER AND CHILDREN
- JUDGE'S QUESTIONING OF JURY IMPROPER; NEW ACCIDENT CASE TRIAL GRANTED
- August
- December
- 2010
- Past Case Results
- Automobile Intersection Accident
- Automobile Left Turn Case 1
- Automobile vs Motorcycle Case 1
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