(914) 220-1086Our firm recently represented a criminal defendant in a local city court charged with the following offenses under 2 separate dockets: Docket #1 1) Attempted Assault in the third degree (Penal Law §120.00); and 2) Harassment in the second degree (Penal Law §240.26). Docket #2 1) Assault in the third degree (Penal Law §120.00);2) Menacing […]
Personal Injury Law
“Chopped” Contestant, Debra Whiting Dies Following Upstate Car Accident
Debra Whiting, the co-owner of an upstate New York winery, has died after a car accident on the New York State Thruway near Montezuma, NY. Her husband was reportedly driving the vehicle at the time of the accident. State Troopers reported that 47-year-old David Whiting of Hector was moving into the passing lane when his […]
Defendant Precluded After Improperly Obtaining Information From Treating Physician Without Authorization
Defense counsel in Muzio v. Napolitano, a recent medical malpractice case, conducted an interview of the plaintiff’s treating physician, a nonparty, without obtaining a Arons authorization. The Arons case requires that plaintiffs provide defendants with written authorizations allowing counsel for the defense to interview plaintiff’s treating physicians. However, this interview cannot take place without such […]
Jury Award Reduced In NYC Loss of Sepulcher Case
The City of New York improperly released the body of a 51 year-old male to a funeral home in Pennsylvania, where he was ultimately buried. The plaintiff-decedent’s mother had been informed that her son had died, and two of the plaintiff-decedent’s siblings had already identified the body at the medical examiner’s office before the body […]
Summary Judgment In Favor Of Plaintiff Affirmed in New York Labor Law Construction Accident
The Supreme Court of New York, Third Department (appellate court), recently upheld a summary judgment decision for the plaintiff, Joseph Miranda III, in a construction accident lawsuit. Miranda sustained a traumatic brain injury in a fall of approximately 30 feet at an Albany construction site. Commonly referred to as “The Scaffold Act,” Labor Law section […]
Bronx Man Files Suit Against City After Being Shot By Accident By NYPD
Jose Colon has filed a notice of claim after being shot by a New York City police officer in the early morning hours of January 22. The shooting, which left a bullet lodged near the pelvis of the 76 year old resident of the Soundview section of the Bronx, occurred as officers raided Colon’s home […]
Long Road to Recovery for Victims of Brain Injuries
After the recent tragic events in Arizona, and as U.S. Representative Gabrielle Giffords’ continues on her road to recovery, the media and the general public have an increased focus on brain injuries and medical advances that can lead to recovery from their neurological trauma. As accused gunman Jared Loughner awaits the next phase of his […]
New York State Police Seeking Witnesses in Fatal DWI
New York State Police are seeking witnesses in a fatal DWI crash that left Daniel Macalena dead early Saturday morning. According to State Police Investigator Matt Manza, Macalena, of Wappinger’s Falls, had stopped his vehicle in the center lane of the Sprain Brook Parkway just south of the Jackson Avenue exit when he was struck […]
Smoker Sues After NYPD Misunderstanding
A downtown New York lawyer is suing the city of New York and the NYPD for $400,000 in damages after two officers mistakenly thought that he was attempting suicide. Mark Moody was smoking a cigarette on the ledge of his second story Peck Slip apartment when two officers stopped their car and asked Moody if […]
Troopers Charge 3 Westchester Motorists with DWI
Troopers charged three New York motorists with driving while intoxicated (DWI) recently in separate investigations in Port Chester, Croton-on-Hudson and Southeast, state police said today. Stephanie G. Madeira, 24, of Danbury, Conn., was charged with misdemeanor driving while intoxicated around 1:30 a.m. today on Interstate 84 in Southeast, police said.Lisa J. Yellen, 51, of Cortlandt […]
White Plains Motor Vehicle Accident Attorney Report: Recent Decision Regarding Involving “Serious Injury” Threshold
In a recent decision, the New York State Appellate Division, Second Department held that in a motor vehicle accident, disc bulges and decreased range of motion constitute a “serious injury” under Insurance Law Section 5102. The affirmation of plaintiff’s treating physician submitted to the court was based on a recent exam, as well as examinations […]
New York City Police Motorcycles Involved In Accident While Escorting Vice President Biden
On August 4, 2010, two New York City police officers on motorcycles acting as escorts for Vice President Joseph R. Biden Jr. were involved in a minor accident. The Vice President was on his way to JFK Airport. Mr. Biden’s vehicle was not involved, and no officers were seriously injured. The Vice President was in […]
Bronx Jury In Medical Malpractice Case Returns $20 Million Verdict Against Gastroenterologist
A Bronx, NY jury recently awarded $20 million in a medical malpractice case to a 43 year-old unemployed man whose colon was damaged during a colonoscopy. However, due to a high/low agreement entered into by the parties, plaintiff will receive $850,000. Plaintiff Edgar Gonzalez developed peritonitis that necessitated removal of some of his colon and […]
Summary Judgment Denied To Madison Square Garden In New York Slip & Fall Accident Case
In a New York Slip and Fall Accident case, Defendant Madison Square Garden’s motion for summary judgment was denied. Plaintiff slipped and fell on liquid on the floor of Madison Square Garden while attending a Rolling Stones concert. Plaintiff testified that after she fell her pants were wet and smelled like beer. The Madison Square […]
New York Hospital Ordered To Pay $1.5 Million For Anesthesiologist’s Error In Medical Malpractice Matter
A New York County jury recently awarded $1.5 million to a woman who claimed that she suffers permanent dysfunction of her jaw as a result of an anesthesiologist’s error during surgery. The matter stems from an April 2004 procedure in which plaintiff Caridad Cuevas underwent removal of a stone from a salivary gland. Cuevas claimed […]
New York Car Accident Attorney Report: $10 Million Verdict For 80 Year-Old Female
A Brooklyn (NYC) jury returned a $10 million verdict in favor of an 80 year-old female, Josephine Pantano, who sustained a fractured neck and a fractured leg in a motor vehicle accident in May 2007. Both plaintiff and defendant motorist contended that the other ran a red light causing the collision. The jury sided with […]
Upstate New York Jury Awards $1.7 Million Due To Improper Injection
A New York jury recently awarded a female home-care nurse from Syracuse $1.7 million in a medical malpractice lawsuit against Community General Hospital. Plaintiff, Tina Holstein, claimed that she was improperly administered an injection after giving birth to her third child. Due to complications during the delivery, a nurse reportedly gave Holstein an injection “too […]
Rye Police Officer Injured In Motor Vehicle Accident
According to a May 12, 2010 Journal News report by Leslie Korngold, a Rye Police Officer, Angelina Santo, was injured in a car accident when her cruiser was stopped at a red light at the intersection of Boston Post Road and Purdy Avenue. Officer Santo was reportedly struck from behind by a Lexus RX330 SUV […]
New City, NY Trucking Accident Leaves Three Seriously Injured
Three members of a Spring Valley, New York family were seriously injured in a trucking accident on Route 304 in New City, NY at the corner of Johnsons Lane on April 8, 2010. The trucking accident occurred at approximately 3 p.m. Both the driver, a forty-five year-old woman and her husband were seriously injured in […]
New York Medical Malpractice Attorney Report: $5.2 Million Settlement Approved In Case Involving Death Of Mother During Childbirth
A $5.2 million settlement in a medical malpractice lawsuit involving the wrongful death of a woman during childbirth was recently approved by the New York State Supreme Court. The woman died from internal bleeding after a poorly performed Caesarean procedure. The decedent, Diane McCable, was admitted Albany Medical Center Hospital in labor on September 3, […]
Two Westchester County Residents Charged With DWI After Unrelated Accidents
Two Westchester County, NY residents were charged with Driving While Intoxicated (DWI) after their involvement in unrelated accidents. Debra Heyde, a 49 year-old Yorktown woman, was charged with misdemeanor Driving While Intoxicated (DWI) on March 6, 2010 after her car struck a utility pole on Greenwood Street. She was also charged with various traffic violations. […]
Former Yonkers Man Enters Pleas Of Guilty To Multiple Felonies Stemming From May 2009 Car Accident/Wrongful Death Of 29 Year-Old
A 26 year-old former Yonkers resident, Louis Nardella, Jr., entered pleas of guilty to multiple felonies stemming from a car accident that killed a 29-year-old woman in New Rochelle. Mr. Nardella pled guilty to vehicular manslaughter, criminal possession of a controlled substance, tampering with physical evidence, driving while intoxicated (DWI), driving while impaired by drugs, […]
Crane Company Owner Indicted After Two 2008 New York City Deaths
New York Prosecutors have indicted James Lomma, a crane company owner, on manslaughter and other charges stemming from the 2008 deaths of two New York City workers. The incident occurred when the giant crane snapped and crashed into a Manhattan apartment building, only two months after another crane collapsed in Manhattan killing seven people. The […]
63 Year-Old NYC Retiree Recovers $2 Million In Failure To Diagnose Cancer Lawsuit
The family of Anthony Leone, a 63 year-old retiree collecting disability benefits, recovered $2 million in a settlement of a Brooklyn (NYC) medical malpractice lawsuit against his doctor and a hospital. Anthony Leone died in June 2006, about 2.5 years after a New York Methodist Hospital radiologist detected a suspicious mass in an X-ray. Leone […]
Teen Drowns in Cesspool Outside Long Island Dunkin’ Donuts
Amir Zeqiri, 17, a Central Islip, NY resident, drowned in a bizarre incident. The tragedy occurred when the teenage employee went behind the Smithtown, NY Dunkin’ Donuts to empty the garbage and fell into the open cesspool. After not returning to work, Zeqiri’s younger cousin when out to investigate and noticed the boy flailing around […]
