Recent Blog Posts
No Fishing Allowed
Judge Denies Request for Defendant’s Cell Phone Records in Pedestrian’s Wrongful Death This summer a Nassau County judge denied the plaintiff’s request for the defendant’s cell phone records, despite expert testimony stating that cell phone use may have been the cause of distracted driving which resulted in the death of the plaintiff’s son, who… Read More »
Plaintiff’s Slip and Fall Case Falls Flat Court Disregards Property Owner’s Notice of Hazardous Condition
In August, the Supreme Court of New York, Nassau County, sitting in Mineola on Long Island, granted summary judgment to a resort in the Catskills regarding a personal injury slip and fall accident which occurred on the ice and snow in February 2009. The case is Incantalupo v. Villa Roma Resort and Conference Center… Read More »
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 »