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In August, a Queens jury awarded damages in excess of 20 million dollars to a woman struck by an MTA bus in Long Island City. The plaintiff, a housekeeper, was awarded summary judgment after a surveillance video established that the pedestrian had the right of way. The bus did not yield and struck the plaintiff. […]
Personal Injury Law
Slip And Fall Case Restored By New York Appellate Division, Second Department
In a recent Westchester County, NY personal injury, slip and fall lawsuit, the plaintiff nurse claimed that she had slipped on urine while assisting a handicapped teenager who attended school at the defendant Pines Bridge Program. The school was owned and operated by defendants, Putnam / Northern Westchester Board of Coop. Services, and the plaintiff […]
White Plains, NY Criminal Defense Attorney Report: Charge Dismissed in Upstate New York Assault Case
A court in upstate New York (Niagara County) recently dismissed a misdemeanor charge of assault in the third degree due to a fatal defect in the factual assertions of the case included in the accusatory instrument. As a brief background, the defendant was accused of punching his brother-in-law in the face, and subsequently striking him […]
Appellate Division, Second Department Upholds Jury Verdict in Medical Malpractice Action
Last week, the Second Department upheld a jury verdict in a Suffolk County medical malpractice action. The plaintiff sought and received from the Defendant doctor, among other things, counseling for mental health issues. During the course of the plaintiff seeing the defendant professionally, a personal sexual relationship developed. The consensual relationship lasted approximately nine months, […]
White Plains, NY Criminal Attorney Report: Charges Dismissed In Domestic Violence Case
Our 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 […]
New York Firefighter Charged with DWI after Accident in Bronx
An off-duty New York City Firefighter is facing multiple charges, including DWI and leaving the scene of an accident, after crashing into another car in the Bronx (NYC) on Thursday night. The firefighter was apprehended by police after leaving the accident, which occured on the Grand Concourse at approximately 10:30 pm. The motorists in the […]
New York Car Accident Attorney Report: LA Lakers Forward Lamar Odom Is Passenger In Queens, NY Car Accident
LA Lakers star forward, Lamar Odom, was a passenger in a car that struck and seriously injured a motorcyclist and a pedestrian in his hometown of Queens, New York, on Thursday. A publicist for Odom’s wife, Khloe Kardashian, told the New York Post that Kardashian was not with her husband a the time of the […]
White Plains, NY Pedestrian Accident Attorney Report: Seven Injured After N.Y. Fireworks Show
Seven pedestrians are recovering from injuries after they were struck by a car while exiting a central New York park following a fireworks show. The Cayuga County Sheriff’s Office reported that the pedestrian accident occurred at approximately 10:15 p.m. Sunday as traffic was leaving Emerson Park in Owasco. Deputies say a pickup truck driven by […]
“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 […]
White Plains Car Accident Attorney Report: Long Island Man Fatally Injured in Car Accident
Port Jefferson Station resident Francisco Cardozo was struck and killed by an oncoming vehicle in Huntington Station early Friday morning. Police have determined that Cardozo was most likely walking in traffic when he was hit by the vehicle. The driver of the vehicle walked away unscathed, although police took custody of his car as part […]
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 […]
Summary Judgment for Defendant Reversed, Entered for Plaintiff in Labor Law 240 Suit
A Third Department Appellate Court recently ruled that an employee who fell from a ladder did, in fact, come under the protection of Labor Law 240, commonly known as the Scaffold Act. The plaintiff was installing a cable line at a subscriber’s house at the time. He had finished the installation, and proceeded to check […]
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 […]
Seven Hurt in Brooklyn School Bus Accident
A traffic accident involving a Brooklyn school bus and another vehicle left seven injured on Monday. Among those hurt in the crash were three children. No serious injuries were reported among the three children. Although, according to witnesses, the other driver ran a stop sign, police have not, as yet, filed criminal charges in the […]
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 Appellate Court Reverses Summary Judgment Decision in Motor Vehicle Accident Case
A New York Appellate Court recently reversed a trial level decision granting summary judgment in favor of the defendant in the 2009 case of Esther Jacobs v. Hector D Rolen. Plaintiff, who was involved in a car accident in New York, currently experiences limited range of motion in her lumbar spine, but full range of […]
Spider-Man Performance Again Marred by Mishap
Producers canceled the Decemeber 22nd matinee performance of “Spider-Man: Turn Off the Dark” after stunt actor Christopher Tierney plunged from an elevated platform during the December 20th performance in New York. Tierney fell approximately twenty feet from the platform into the basement beneath the stage. Tierney is the latest of four Spider-Man performers to be […]
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 NY Pedestrian Accident Lawyer Report: Elderly Driver Strikes And Kills Pedestrian In Yonkers
An elderly driver struck and killed a pedestrian near Yonkers Avenue in Yonkers, NY last week. The accident occurred at approximately 7 p.m. on October 21, 2010 at the intersection of Yonkers Avenue and St. John’s Avenue. Yonkers Avenue was closed for a few hours while police investigated. The pedestrian accident resulted in the death […]
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 […]
