When a client files a personal injury lawsuit in New York, privacy concerns often move to center stage. Defense attorneys frequently demand years of income tax returns during the discovery phase. However, under New York civil procedure, income tax returns enjoy a strong presumption of protection from disclosure. The Baseline Rule: A Heightened Standard for…
Read More Discovery of Tax Returns in New York Personal Injury LitigationThe Fourth of July is the quintessential American holiday. It is a time for backyard barbecues, poolside relaxation, and gathering with loved ones to watch the night sky light up. However, as personal injury and property law attorneys, we know that the biggest weekend of the summer also brings a dramatic spike in emergency room…
Read More Fireworks, Festivities, and Liability: A Legal Guide to a Safe Fourth of July 2026The “egg shell skull rule” (or thin-skull rule) is a well-established legal doctrine in New York tort law regarding personal injury and damages. In short, the rule states that a defendant must take a plaintiff as they find them. If a defendant’s negligent actions cause an injury, they are fully liable for all the physical…
Read More The “Egg Shell Skull Rule” in New York Tort LawIn the age of “oversharing,” a single click can be the difference between a successful settlement and a dismissed case. If you are a plaintiff in a personal injury lawsuit, your social media accounts are no longer just a place to connect with friends—they are a goldmine for insurance adjusters and defense attorneys. Here is…
Read More Social Media Risks For Personal Injury PlaintiffsAs 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 IceThe 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-FreeThanksgiving is a time for family, food, and gratitude. It’s also, unfortunately, one of the busiest and most dangerous travel periods of the year. As a personal injury lawyer, I unfortunately understand how quickly a festive journey can turn into a nightmare, leading to serious injuries and complex legal battles. This year, before you hit…
Read More Thanksgiving Travel: Understand the RisksFalling 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 YorkIn 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 AnswerSome say that relatively new generative AI technology is set to disrupt one or more industries – including law. In light of a recent development, I’d say that’s a bit of an overstatement. In a recent case, Mata v. Avianca, Inc., pending in the U.S. District Court for the Southern District of New York, Civil…
Read More An Excellent Reason Not to Rely on Chat GPT For Legal Research