Recent Blog Posts
Trip and Fall Creates Complex Issues of Who is Liable for Injuries
On August 25th, 2009, Roberta Rappaport was coming down the steps outside of 504 3rd Avenue, a/k/a 166 East 34 Street, in New York City when she tripped on a metal tab protruding from the bottom of the handrail. She fell to the ground and broke her right elbow. In the ensuing litigation, Ms…. Read More »
City Is Not Liable for EMT’s Failure to Help Woman Who Later Died from an Asthma Attack
In 2009, Eutisha Rennix suffered an asthma attack while working at Au Bon Pain in Brooklyn. Her coworkers notified the two uniformed EMTs who were in the restaurant at the time. The EMTs called the incident into the dispatch center, but they did not attempt to help or check on Rennix since they had… Read More »
Court Dismisses Complaint Since There Was No Evidence That a Car Accident Caused a “Serious Injury”
In 2008, two parties were involved in a car accident. In Messina v. Anvarzadeh, the plaintiff sued the driver of the other car—and its owner—for personal injuries. The defendants made a motion to dismiss the complaint, arguing that the plaintiff did not sustain a “serious injury.” In order to establish whether the injuries were… Read More »
Failure to Drive at the Minimum Speed Limit Does Not Necessarily Prove Fault in Car Accident Case
A woman was driving on the Long Island Expressway when another vehicle hit her from the rear. She sued the other driver for personal injuries in the Supreme Court, New York County. The plaintiff moved for summary judgment on the issue of liability and the Court denied the motion. Under CPLR 3212, a summary… Read More »
Where Notice of Claim is Required, Late Notice & Typos Can Jeopardize Your Civil Lawsuit
In Lastihenos v. The Town of North Hempstead, a woman fell and was injured while walking on a sidewalk near Mitch & Toni’s American Bistro in Albertson, NY. In late November 2012, she served notices of claim to the Town of Hempstead and Nassau County. In December 2012, the plaintiff served a notice of… Read More »
Homeowner Accused of Labor Law Violations is Exempt from Liability
In the case of Batzin v. Ferrone, the plaintiff sued after he was injured while renovating the defendant’s East Hampton home. The plaintiff brought claims against the property owner under common law negligence, New York Labor Law Sections 200, 240(1) and 241(6) and New York State Industrial Code. The defendant moved for summary judgment… Read More »
After 30 Years of Confusion, the Court of Appeals Clarifies the Nonparty Subpoenas Standard
In New York, the standard for enforcing subpoenas on those who are not parties to a case has been anything but standard. Over the years, courts in the Appellate Division have applied different interpretations of CPLR 3101(a)(4). In a recent ruling, the New York Court of Appeals—the highest state court in New York—resolved this… Read More »
A Mixed Bag of News from the Department of Buildings – Construction Site Fatalities Down, Construction Accidents and Injuries Up
The New York City Buildings Department issued a press release last week announcing a 62.5% decrease in fatal construction accidents in 2013 compared to 2012. Hidden further down in the press release is the fact that the number and percentage of total accidents and injuries reported rose during that same period. The headline of… Read More »
Questions of Fact in NYC Slip and Fall Will Have to be Resolved at Trial
A 2010 slip and fall at Tillman’s Bar & Lounge in the Chelsea district on the West Side of Manhattan has raised enough questions of fact that the judge denied both sides’ motions for summary judgment, indicating there are issues for the jury to decide at trial. The plaintiff in Tassini v. L &… Read More »
Who Owns the Sidewalk?
Back in 2009, a woman tripped and fell in front of a building at 219 Echo Place in The Bronx when she stepped into a deep sinkhole obscured by water near a fire hydrant on the sidewalk. The woman filed a personal injury lawsuit for negligent maintenance of the sidewalk against the City of… Read More »
