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Motor Vehicle Accidents

In Alatsas v Sacchetti, 2018 NY Slip Op 08270 (App. Div. 2nd Dept. Dec. 5, 2018), a personal injury car accident case, the court affirmed the lower court’s decision denying summary judgment to defendant. The court explained: The City defendants failed to establish their prima facie entitlement to judgment as a matter of law. While […]

Motor vehicle accident cases frequently involve disputed issues of fact – e.g., who had the green light? – that are for the trier of fact to decide. In certain cases, however, the evidence warrants judgment in one party’s favor. One example of such a case is Bokum v. Sera Sec. Servs., LLC, 2018 NY Slip Op […]

Here is yet another reason why accident victims should refrain from using social media after they are in an accident. In Smith v. Brown, 2018 NY Slip Op 28299 (Sup. Ct. Bx. Cty. Sept. 27, 2018), a personal injury case involving a motor vehicle accident, the court held that plaintiff was required to respond to requests […]

In Cerio v. Carrington, 2018 NY Slip Op 03597 (App. Div. 1st Dept. May 17, 2018), a car accident case, the court unanimously affirmed the lower court’s grant of summary judgment to defendant City of New York. From the decision: Plaintiff was injured when defendant Carrington, an intoxicated driver, attempted to make an illegal u-turn and collided […]

In Vega v. Crane, 2018 NY Slip Op 03262 (App. Div. 4th Dept. May 4, 2018), a motor vehicle accident death case, the court explicitly held “that a person does not owe a common-law duty to motorists to refrain from sending a text message to a person whom he or she knows, or reasonably should know, […]

In Urena v. GVC Ltd., 2018 NY Slip Op 02426 (App. Div. 1st Dept. April 10, 2018) – a rear-end car accident case – the court affirmed the lower court’s decision to grant plaintiff’s motion for summary judgment judgment on the issue of liability and dismissal of all affirmative defenses and counterclaims alleging comparative fault. The First […]

Pospis Law is pleased to announce that it has been retained to represent a client involved in a terrible moving vehicle accident. Our client was, while lawfully walking home from a holiday party on Christmas Eve, struck by a vehicle being operated in a negligent manner. In addition to pursuing claims against the driver of […]

In O’Connell v. Macy’s Corporate Services, Inc., 154 A.D.3d 628 (N.Y.A.D. 1 Dept. Oct. 31, 2017), the Appellate Division, First Department affirmed the lower court’s dismissal of plaintiff’s personal injury claim against Macy’s. In sum, plaintiff alleges that on or about November 28, 2013, she was struck by an all terrain-vehicle driven by the Defendant Jeff Stanton. […]

From Vasquez v. Chimborazo, 2017 NY Slip Op 07774 (NY App. Div. 1st Dept. Nov. 9, 2017): Plaintiff established her entitlement to judgment as a matter of law by submitting evidence that her vehicle was stopped at a red light when it was rear-ended by defendants’ vehicle (see Bajrami v Twinkle Cab Corp., 147 AD3d 649 [1st […]

In Sehgal v. www.nyairportsbus.com, Inc., 2017 NY Slip Op 05990 (App. Div. 2d Dept. Aug. 2, 2017) – a hit-in-the-rear car accident personal injury case – the court held that the trial court properly precluded the defendants from asking the injured plaintiff questions about his employment by the law firm representing him in the action and his […]