Personal Injury

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As NYC braces for the impending blizzard, it’s important to keep in mind best practices for remaining safe and avoiding slips and falls on snow and ice. New York City winters are no joke. We get everything from light dustings to full-blown blizzards. And with every storm comes the responsibility of property owners – whether…

Read More Don’t Let Winter Wonderland Turn into a Winter Woe-land: A NYC Personal Injury Lawyer’s Take on Snow and Ice
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The halls are decked, the cocoa is hot, and the office party is finally back on the calendar. While the holidays are a time for joy, they also bring a unique set of legal considerations that can turn a “Winter Wonderland” into a “Litigation Landscape.” ​ Whether you’re a business owner or a homeowner, here…

Read More The Holiday Liability List: Keeping Your Season Merry and Lawsuit-Free
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Falling unexpectedly can be disorienting and painful, but it’s crucial to act quickly and methodically, especially if you’ve been injured. Your actions immediately after a slip-and-fall accident in New York can significantly impact your health and any potential legal claims. Knowing what to do in the first minutes and hours is the key to protecting…

Read More What to Do After a Slip/Trip and Fall Accident in New York
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In Wagman v Morgan Stanley Children’s Hospital of New York Presbyterian, No. 160709/21, 2022-05622, 771, M-3778, 2023 N.Y. Slip Op. 05214, 2023 WL 6626886 (N.Y.A.D. 1 Dept., Oct. 12, 2023), the court unanimously affirmed the lower court’s Order granting plaintiff’s motion, pursuant to CPLR 3126, to strike defendants’ answer for spoliation of evidence. In this…

Read More Failure to Preserve Slip/Fall Video Results in Stricken Answer
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In Valdez v. Upper Creston, LLC, 2022 NY Slip Op 00367 (NY App. Div. 1st Dept. Jan. 20, 2022), a personal injury case, the court unanimously affirmed the lower court’s order granting plaintiff’s motion for summary judgment on the issue of liability against defendant. In this premises liability case, the plaintiff (a resident of a…

Read More “Res Ipsa Loquitur” Applies in Personal Injury Case Arising From Collapsing Drain
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In McMyler v. Bank of Utica, 19-cv-812, 2021 WL 2778830 (N.D.N.Y. July 2, 2021), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s sex/pregnancy discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. After summarizing the relevant black-letter law –…

Read More Pregnancy/Sex Discrimination Claim Dismissed; Boyfriend’s Personal Injury Lawsuit Against Defendant Was Justifiable Basis For Termination
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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 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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