Personal Injury

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On Thursday, March 26, 2015, an explosion rocked several buildings in New York City’s East Village, resulting in the collapse of 121-123 Second Avenue (at/near East 7th Street). These buildings included residences and restaurants (Ramen & Robatayaki, Sushi Park, Sam’s Deli, and Pommes Frites). Reports indicate at at least 20 people have been injured and that two…

Read More East Village Building Explosion & Collapse
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In Doe v. NYC Dept. of Education (decided March 24, 2015), the Appellate Division, First Dept. affirmed the dismissal of plaintiff’s complaint alleging improper sexual conduct between a teacher and a student. It was “undisputed that defendant Agosto, a substitute teacher at another school and the infant plaintiff’s track coach, had unlawful sexual intercourse with the…

Read More Underage Student Sex Case Dismissed
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In Lake v. Holzer (Sup. NY Feb. 9, 2015), a personal injury car accident pedestrian knockdown case, the court held that the “emergency doctrine” was inapplicable and granted plaintiff’s cross-motion for summary judgment. Here are the facts: [P]laintiff Collin Lake, a pedestrian, was standing on the raised median island which separates the north and southbound lanes…

Read More Median Jump to Avoid Fender-Bender Unreasonable; Emergency Doctrine Inapplicable; Pedestrian Awarded Summary Judgment on Liability in Car Accident Case
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In Roman v. City of New York (App. Div. 2nd Dept. Feb. 25, 2015), the court affirmed summary judgment in plaintiff’s favor. In this personal injury case, plaintiff allegedly was injured while he was walking his dog on a sidewalk in Brooklyn. At his deposition, the plaintiff testified that, after stepping in a puddle, the dog suddenly…

Read More Con Ed’s Failure to Investigate Dangerous Electrical Condition Results in Summary Judgment for Injured Plaintiff
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Sneider v. AB Green Gansevoort, decided by the Supreme Court, New York County on January 7, 2015, addresses the pleading requirements for a claim of civil battery, as well as the effect of a criminal conviction on subsequent litigation arising out of the same facts. The facts: On February 23, 2013, the plaintiff, a patron…

Read More Standard Hotel Biergarten Brawl Lawsuit Continues
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In DiGiacomo v. Town of Babylon (App. Div. 2nd Dept. Jan. 28, 2015), the Appellate Division, Second Department affirmed the denial of defendant’s motion for summary judgment. Here are the facts of this personal injury case, the six-year old plaintiff was injured when she fell from a “monkey bar”. According to her testimony: [P]rior to her accident,…

Read More “Monkey Bar” Playground Injury Case Continues
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In Steele v. Santana (App Div. 1st Dept. 2/19/15), a personal injury injury car accident case, the Appellate Division, First Department reversed the lower court’s determination that plaintiff did not suffer a “serious injury” within the meaning of section 5102(d) of the New York Insurance Law. In this case, plaintiff alleges that she suffered injuries to…

Read More Evidence of Tendon and Rotator Cuff Tears Present Triable Issue of Fact Relating to “Serious Injury” in Car Accident Case
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The combination of large groups of people, alcohol, and other factors may result in a dispute that escalates into violence. This is possible in, among other places, New York bars and clubs. These establishments frequently employ security personnel and/or bouncers to keep the peace. However, what happens when one is injured by one of these…

Read More Bouncer Battery: Patrons’ Rights
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Case law establishes that drivers have a duty “to see that which, through the proper use of senses, should have been seen”. In Sarac-Marshall v. Mikalopas (App. Div. 1st Dept. Feb. 26, 2015), a personal injury bicycle accident case, the court applied this principle and unanimously affirmed the plaintiff-bicyclist’s motion for summary judgment on the issue of…

Read More Bicyclist Hit By Car Entitled to Summary Judgment on Liability
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