Tag Archives: New York
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 »
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 »
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 »
Actual Notice of Hazard Leads to Record New York Damage Award
Last week this blog reported on the case of Fama v. NYC, where a Department of Sanitation worker could not recover for his slip-and-fall injury because he could not prove that the City knew about the dangerous condition (a puddle of oil on the garage floor) yet failed to correct it in a reasonable… Read More »
Court Determines Mishandling of Teen’s Corpse Only Worth $600,000, Despite Jury’s Million-Dollar Verdict
New York Public Health Law provides that every body of a deceased person is entitled to a decent burial or cremation within a reasonable time after death. Section 4215 in particular addresses the remains of a body after an autopsy dissection has been performed and requires that these remains be buried as well. In… Read More »
Police Chase Ends Badly for Innocent Bystanders; Appeals Court Refuses Help
A police chase through New York City streets ended when the car being pursued lost control of the vehicle, striking and injuring two pedestrians. A lawsuit against the City was recently dismissed by the appellate court, citing a New York law giving considerable leeway to police when in pursuit. This law allows police to… Read More »
Man on Bike Collides with Dog Running Free Across Central Park Roadway
Court finds no liability for dog’s owner. On April 16, the Appellate Division of the New York Supreme Court held that the trial court in the case of Doerr V. Goldsmith should have dismissed the plaintiff’s personal injury complaint as a matter of law, rejecting the plaintiff’s common law negligence claim in favor of… Read More »
NY Slip and Fall Case Settles Liability when Sidewalk is Separated from Premises by Land Owned by City
Court finds grocery store liable for upkeep of sidewalk, even when unpaved grassy parcel separates them. Generally, the owner of a premises is responsible for compensating victims of slip and fall injuries if the accident is due to improper maintenance of the premises. However, when a slip and fall occurs on a sidewalk, it… Read More »
