Recent Blog Posts
Innocence of Plaintiff Doesn’t Automatically Mean Responsibility of Defendants
In a recent decision by the New York Appellate Division, the court considered whether or not an innocent plaintiff injured in a multi-vehicle accident was entitled to judgment before trial on the responsibility of the two other drivers. In the case that came before the Appellate Division, titled Oluwatayo v. Dulinayan, the plaintiff, Victor… Read More »
New York Court Rules In Favor of Person Injured on Slopes
Participating in dangerous activities generally bars an accident victim from suing for their injuries based on those dangerous activities. However, there are exceptions to every rule. A recent decision by the New York Appellate Division, First Department in favor of an injured plaintiff is an example of the limits of the “assumption of the… Read More »
Slip-and-Fall Claim Survives Motion to Dismiss
The New York Appellate Division, First Department recently upheld a decision denying a motion to dismiss a claim for injuries resulting from a slip-and-fall in a theater. The court, which covers New York County (Manhattan) and the Bronx, concluded that sufficient questions of fact existed to support the claim going forward to trial. At… Read More »
Employee Succeeds in Proving Liability for Ladder Fall Injuries
A case which recently came before the New York Appellate Division granted an injured worker’s summary judgment motion, finding a property owner liable for the worker’s injuries after a fall from a ladder under a law mandating safety protections for employees working at an elevation. In the case of Hill v. City of New… Read More »
As New Construction Booms, Crane Safety Falls Under Spotlight
There are currently more cranes operating on New York City construction sites than at any time since the 2008 surge in building. Unfortunately, cranes bring with them the potential to do enormous damage, such as the incident in February of this year when a falling 500-foot crane took the life of a pedestrian and… Read More »
Woman who Received Permanent Injuries from Fall Has Award Reduced by Court
In 2014, we reported on the case of Alcantara v. New York City Transit Authority, where a woman received a substantial award by jury verdict after suffering life-altering injuries when she fell down damaged stairs at a subway stop. In a recent decision from the Appellate Division, the jury verdict has been altered, substantially… Read More »
Releases of Liability Limited Only to Those Named in the Release
A recent opinion from the New York Appellate Division, First Department, took a look at what claims are and are not covered by a release of liability. The court’s decision – covering New York County (Manhattan) and the Bronx – shows that releases of liability are not always as broad as they may first… Read More »
Westchester County Supreme Court Considers whether Injured Firefighter Is Entitled to Personal Injury Damages
In an opinion recently released on May 20 by the Supreme Court for Westchester County, the court considered a claim for damages by a firefighter who suffered serious injuries fighting a fire which the plaintiff asserted was caused by a negligent act of the building’s occupants. The case of Bucaj v. Capra Re Inc.,… Read More »
News Reports Settlement Reached in Joan Rivers Wrongful Death Lawsuit
Nearly two years after Joan Rivers’ death, it has been reported that the malpractice lawsuit filed against her treating physicians has reached a settlement. While the amount of the settlement has not been disclosed, the doctors against whom the claim was filed have publicly accepted responsibility for her death. The procedure which Rivers underwent,… Read More »
Multiple Car Accident Results in Complex Legal Concerns
A recent summary judgment decision from the Second Department of the New York Appellate Division shows how complex it can be to prove liability in the case of a multi-car accident, and how critical it is to find an attorney who understands the value of thorough factual investigation and evidence gathering. The Second Department… Read More »
