(914) 220-1086Port 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 […]
Personal Injury Law
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 […]
Manslaughter Indictment Stands in 2008 Crane Accident Case
A Manhattan court upheld a manslaughter indictment in the 2008 crane collapse that killed two workers. James Lomma, owner of New York Crane and Equipment, will face the manslaughter charges when the case goes to trial. Tibor Varganyi, former mechanic for New York Crane and Equipment, is also charged in the case. The crane collapse […]
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 […]
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 […]
White Plains, NY Car Accident Lawyer Report: Four Injured In Multi-Vehicle Accident On I-95 Near New Rochelle
A man from upstate New York recently suffered a serious leg injury when he was pinned between two vehicles after a motor vehicle accident on I-95 in New Rochelle. Three other men were also taken to Sound Shore Medical Center of Westchester in New Rochelle with a variety of injuries. The multi-car accident began about […]
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 […]
New York Birth Injury Attorney Report: $485,000 Verdict In Erb’s Palsy Case
A New York jury awarded $485,000 in a medical malpractice lawsuit to a 4-year-old child who suffers from a mild palsy as a result of an injury that occurred at birth. Jayden Bennet sustained an Erb’s palsy of his right arm during the first two years of his life. The condition limited the arm’s strength […]
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 […]
