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Written by: Daniele DeZago, Esq Edited by: Nicole A. Callahan, Esq. Judge Voutsinas denied defendant Mercy Medical Center's motion for summary judgment in an alleged slip and fall case.  Plaintiff alleged she slipped and fell on an unknown clear wet substance on a second floor hallway of Mercy Medical Center on Sunday April 16, 2017, while visiting her mother who as a patient.  The Court found that the deposition testimony

Written by: Evan M. O'Hara, Esq. While testimony on future care and treatment (and the associated costs) is nothing new in personal injury litigation, a popular trend for some time now has been plaintiffs retaining expert witnesses specifically to provide opinions on the subject rather than relying on the testimony of the plaintiff’s treating medical providers.  This strategy can involve a single expert, or include a team of people

Written by: Daniele DeZago, Esq. Queens County Supreme Court Judge Maurice E. Muir issued an Order denying Defendants' motions for summary judgment and granting Defendant Delta Elevator Inspection Corporations motion for spoliation of evidence to the extent of directing an adverse inference charge be given at trial with respect to the plaintiff's missing high heeled shoes. With regard to spoliation, the plaintiff was notified at her first deposition to not

Written by: Eve Soldatos, Esq. Edited by: Nicole A. Callahan, Esq. Plaintiff brought an action against Churchville-Chili Central School District (“CCCSD”) claiming that an employed teacher and coach of CCCSD engaged in sexual contact with the plaintiff from 1997 to 1999, while the plaintiff was a minor. The plaintiff was not a student at CCCSD but the allegations state that the sexual contact occurred on CCCSD property. Initially, plaintiff brought an action against

Written by: Evan M. O'Hara, Esq. Editor: Nicole A. Callahan, Esq. On July 12, 2021, the Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, issued a decision granting the plaintiff’s motion to remand her products liability claim against a number of corporate entities to the Supreme Court of the State of New York, New York County, based on the absence of diversity jurisdiction. 

Written by: Jeffrey T. Wolber, Esq. In a decision from New York’s Appellate Division, First Department, the court held that an email containing an attorney’s automatically-populated signature block was sufficient to constitute a “subscribed” writing within the meaning of CPLR 2104 for purposes of enforcing a settlement agreement. CPLR 2104 reads in pertinent part: An agreement between parties or their attorneys relating to any matter in an action, other than one made

Written by: Eve Soldatos, Esq. Edited by: Nicole A. Callahan, Esq. In this Bronx-venued Supreme Court action, plaintiff, who is blind, alleges that she lost her balance while walking down the staircase from her third-floor apartment and when she reached out to grab the staircase handrail to catch herself, it was not there and she fell.  Plaintiff claims that the Defendant property owners created the dangerous condition that caused her

Written by: Jeffrey T. Wolber, Esq. Editor: Nicole Callahan, Esq. On June 11, 2021, Kings County Supreme Court Justice Genine Edwards issued a decision granting summary judgment in favor of a radiology center and its radiologist.  In this action, the plaintiff claimed a failure to diagnose stomach cancer following an abdominal contrast study. The radiology defendants moved for summary judgment, offering an expert affirmation stating that (1) there was no departure because

Written by: Eve Soldatos, Esq. and Kyle A. Schiedo, Esq. Edited by: Nicole A. Callahan, Esq. On June 5, 2020, plaintiff Vivian Rivera-Zayas brought an action in Kings County Supreme Court against Long Island nursing home Our Lady of Consolation Nursing and Rehabilitative Care Center, claiming that the nursing home was negligent, reckless, and willful in their failure to implement appropriate COVID-19 infection prevention policies. Ms. Rivera-Zayas alleges that her

Author: Eve Soldatos, Esq. Editor: Nicole Callahan, Esq. On June 3, 2021, the New York State Senate passed Senate Bill S66, also known as the Adult Survivors Act. The Act would amend the civil practice law and rules in relation to the statute of limitations for civil actions related to certain sexual offenses committed against a person eighteen years of age or older, reviving any claim that would otherwise have