Personal Injury

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In Peldman v. Kalahari Resorts, LLC, No. 161385/2019, 2021 WL 3619757 (Sup. Ct. N.Y. Cty. August 16, 2021), the court held, inter alia, that the court did not have personal jurisdiction over an out-of-state (PA) defendant. Among other things, the plaintiff argued that defendant’s connections to New York – including purchase of a float in…

Read More Purchase of Floats in Macy’s Thanksgiving Day Parade Insufficient to Confer Personal Jurisdiction
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In Kouri v Eataly N.Y. LLC, No. 14538, 158476/14, 2021-00047, 2021 N.Y. Slip Op. 06044, 2021 WL 5113230 (N.Y.A.D. 1 Dept. Nov. 04, 2021), the court affirmed the denial of defendants’ motion for summary judgment on plaintiff’s claims arising from his ejection from Eataly. As to plaintiff’s public accommodation discrimination claims asserted under the New…

Read More Public Accommodation (Sexual Orientation) Discrimination Case Proceeds Against Eataly NY LLC
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In a recently-filed lawsuit, captioned J.C. v. Robert Allen Zimmerman a/k/a Bob Dylan (Sup. Ct. N.Y. Cty. Index No. 951450/2021), the plaintiff – proceeding pseudonymously – asserts (under the Child Victims Act and pursuant to CPLR 214-g and 22 NYCRR § 202.72) that the defendant sexually abused her over a six-week period between April and…

Read More Child Victims Act Sex Abuse Lawsuit Against Bob Dylan
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In Alberto Coronado v. Veolia North America Inc. & Subsidiaries et al, NY Sup. Ct. NY Cty. 450319/2019 (April 6, 2021), a motor vehicle accident case, the court held that the defendant was not entitled to obtain discovery of so-called “litigation funding” material from the plaintiff. Despite the liberal construction courts give to the CPLR’s…

Read More Litigation Funding Discovery Denied in Car Accident Case
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New York Governor Cuomo recently signed legislation, S.7196/A.6762-B, which arms the public with a new remedy for gun-related harm. (Additional legislation, S.5000-B/A.6198-B) prohibits the sale of firearms to anyone with an outstanding warrant for a felony or serious offense.) Specifically, the law amends New York’s General Business Law by adding a new Article 39-DDDD (comprising…

Read More New York Governor Cuomo Signs Legislation Holding Gun Manufacturers Accountable
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In Louise v Hampton Jitney, Inc., 2021 NY Slip Op 02251 (App. Div. 1st Dept. April 13, 2021) – a personal injury case – the court affirmed the preclusion of defendant’s expert from testifying at trial or the use of his expert report. From the decision: Preclusion of expert evidence on the ground of failure…

Read More Court Precludes Expert Testimony and Report, Based on Demanded But Undisclosed Evidence
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In Cabrera v Thomas, No. 13472, 2020-04779, 29663/18E, 2021 N.Y. Slip Op. 02060, 2021 WL 1216540 (N.Y.A.D. 1 Dept., Apr. 01, 2021) – a case arising from a multiple-vehicle “chain reaction” car accident – the court affirmed the summary judgment dismissal in favor of the middle vehicle. From the decision: Plaintiffs sustained injuries as a…

Read More Stopped Middle Driver in Chain-Reaction Car Accident Held Not Liable
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In Rodriguez v. Beal, 2021 NY Slip Op 01220 (App. Div. 1st Dept. Feb. 25, 2021), the court unanimously affirmed the lower court’s order granting plaintiff’s motion for summary judgment as to liability. In personal injury cases, particularly car accident cases, it is relatively rare for a plaintiff (the party claiming that they were the victim…

Read More Rear-End Car Accident Plaintiff Entitled to Summary Judgment; “Sun Glare” Was Insufficient Explanation for Accident
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In Hewitt v. Palmer Veterinary Clinic, PC, No. 28, 2020 N.Y. Slip Op. 05975, 2020 WL 6163313 (N.Y., Oct. 22, 2020), the New York Court of Appeals held that the so-called “vicious propensity notice” rule – generally applicable to situations where an injury results from a domestic animal – was inapplicable here, where the alleged attack…

Read More “Vicious Propensity” Rule Inapplicable to Claim Arising From Dog Attack in Veterinary Clinic Waiting Room
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In Yassin v. Blackman, No. 2019-04138, 2020 N.Y. Slip Op. 05090, 2020 WL 5648349 (N.Y.A.D. 2 Dept., Sep. 23, 2020) – a personal injury motor vehicle accident case – the Appellate Division, Second Department clarified its “case law regarding the admissibility of a party’s statement recorded in an uncertified police report” and held “that, absent…

Read More 2nd Dept. Discusses Admissibility of Uncertified Police Reports in Personal Injury Case
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