Recent Blog Posts
NYC Bus Video Footage Shows Bus Driver Could Not Avoid Collision with Vehicle Crossing into Its Lane
Passengers riding on a New York City bus were injured when the bus collided with another vehicle on East 125th street near the entrance to the Robert F. Kennedy Bridge in Manhattan. The injured plaintiffs brought an action in the Supreme Court, New York County, suing the New York City Transit Authority (NYCTA), the… Read More »
Res Ipsa Loquitur Once More Raised in New York City Elevator Accident
Res Ipsa Loquitur is a legal doctrine that is sometimes used to hold a defendant liable for a personal injury. Translated from the Latin, the phrase means, “the thing speaks for itself.” Sometimes an accident occurs, and you cannot prove how it happened, but you know that it wouldn’t have happened unless somebody was… Read More »
Judge Allows Question of Serious Injury in New York Car Accident to be Decided by Jury
If you are injured in a New York car accident, in order to recover compensation for pain and suffering and other damages against the negligent driver, you must be able to demonstrate that you suffered a “serious injury” within the meaning of New York Insurance Law section 5102(d). That law defines a serious injury… Read More »
Civil Rights Lawsuit Settled Against NYPD
Last month, New York City settled a federal lawsuit brought against it alleging racial discrimination and unconstitutional practices by the New York City Police Department (NYPD) regarding illegal stop-and-frisk practices occurring in public housing. The suit in Davis v. City of New York alleged that NYPD officers had a practice of routinely stopping and… Read More »
Landlord Not Liable for Off-Premises Dog Bite by (Former)Tenant’s Animal
A man who was bit by a dog not only sued the dog’s owner, but he also sued the owner’s landlord, despite the fact that the landlord had already evicted the dog owner and despite the fact that the attack took place several miles away on someone else’s property. In a motion to dismiss… Read More »
New York Court Says No Liability for Village of Lake George Sidewalk Slip and Fall Without Written Notice of Defect: City of New York Law is Different
In July 2011 Virginia Koch was walking down an asphalt sidewalk in the New York Village of Lake George when she tripped and fell on an uneven, sunken portion of the sidewalk. She sued the Village for her injuries, and the municipality responded with a motion for summary judgment to dismiss the case on… Read More »
New York City Judge Tosses Dog Bite Case for Lack of Evidence
In New York, the owner of a domestic animal is strictly liable for harm caused by that animal, but only if the owner knew or should have known of the animal’s vicious propensities. In the case where a dog bites a person, knowledge of a vicious propensity can be proven if it can be… Read More »
Father’s Suit for Wrongful Death of Son in Nightclub Fight Survives Defendant’s Motion to Dismiss
On January 30,2009, Sammy DeJesus was denied entrance to Goldfingers, a “gentleman’s club” in Queens, because the bouncer determined that he was already in an intoxicated condition. The bouncer at the strip club recruited a patron at the club to help escort Mr. DeJesus outside, but a fight broke out between Mr. DeJesus and… Read More »
Court Dismisses Case Against Medical Device Maker
On December 2nd, the Supreme Court, New York County, granted summary judgment in favor of a pharmaceutical giant which was being sued for promoting the off-label use of its medical device in a way which harmed the patient. Although the manufacturer has been dismissed from the lawsuit, the case will continue against the doctors… Read More »
Court Sets Aside Jury Verdict in New York City Train Platform Injury
On December 4th, the Appellate Division of the Supreme Court of New York granted the New York Transit Authority’s motion to set aside a jury verdict which had earlier found the Authority 100% liable in negligence for causing a woman’s injuries on a train platform. In reviewing the record of the trial, the court… Read More »
