Category Archives: General Personal Injury
Patient Permitted to Continue Pursuing Claims against Negligent Doctor
In a case recently coming before the Second Department of the New York Appellate Division, Pichichero v. Falcon, the court rejected the defendant doctor’s attempt to dismiss a patient’s complaint for being made too late. The Second Department includes Staten Island, Brooklyn and Queens, Nassau and Suffolk counties. The plaintiff in this case, Glen… Read More »
Multiple Parties May Be Held Legally Responsible for Accident
In a recent opinion of the Second Department of the Appellate Division, which covers Queens, Kings, Richmond, Westchester, Nassau, Suffolk, Dutchess, Orange, Rockland and Putnam counties, an accident victim will be allowed to proceed in court pursuing her personal injury damages after the defendant failed to have her claim dismissed. The case centered on… Read More »
Court Affirms Personal Injury Award to Injured Construction Worker
The Second Department of the Appellate Division of the New York Supreme Court (Richmond, Kings, Queens, Nassau, Suffolk, Westchester, Dutchess, Orange, Rockland & Putnam Counties) has recently upheld a decision awarding $875,000 to a worker who was injured on the job at an auto repair shop. The employer and property owners had appealed the… Read More »
Court Asks Whether Negligent Repairmen Are Responsible for Injuries to Guest
In a recent case considered by the Second Department of the New York Appellate Division, the justices asked whether a repair company could be held financially liable for injuries suffered by a guest of the homeowners for which they did repair work. This case provides an example of the limits of liability for injuries,… Read More »
Manhattan Prosecutors Take Action against Negligent Contractors
The rate of construction accidents in New York City has grown higher and higher over the past two years, with the number of accidents on job sites tripling across the four years beginning with 2011, to 2015. Additionally, New York City has seen five construction-related deaths so far this year, along with 12 in… Read More »
Court Hears Question of Liability for NYC’s Failure to Maintain Traffic Controls at an Intersection
Recently, the First Department of the Appellate Division considered the question of whether the City of New York should be held liable for injuries which stemmed from an accident that the plaintiff argues was caused by the lack of a “stop here on red” sign and stop bar at the intersection where the accident… Read More »
Storm in Progress Doctrine Prevents Recovery for Slip-and-Fall Victim
In an opinion recently issued by the Supreme Court of Queens County, the victim of a fall on a New York City bus was denied the opportunity to seek compensation for her injuries by the “storm in progress” doctrine. The case, titled Hicks v. New York City Transit Authority, centered on an accident which… Read More »
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 »
