Nassau County Supreme Court Denies Hospital’s Motion for Summary Judgement in Slip and Fall Case, Finding Insufficient Support on The Issue Of Constructive Notice
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 unknow
Recent Connecticut Personal Injury Settlement Demonstrates the Power of Future Damages Experts
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 specifi
Judge Muir of Supreme Court, Queens County Issues Order Directing Plaintiff Receive an Adverse Inference Charge at Trial for Spoliation of Evidence and Finding That Defendants Failed to Establish They Did Not Have Notice of the Defective or Dangerous Condition of their Elevator
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 evid
Monroe Supreme Court Denies Motion to Dismiss Holding That A Plaintiff Can Bring a Child Victims Act Cause of Action Under a Theory of Premises Liability
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
Judge Rakoff of the Southern District of New York Applies State Pleading Requirements to Grant Motion for Remand in Favor of Products Liability Plaintiff in Resnik v. Rite Aid of New York, Inc., et al. – Determining that Plaintiff did not Fraudulently Join Codefendants
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 rem
NY’s First Department Rules that Attorney’s Email Signature Block is Sufficient to Create Binding Settlement Agreement in Matter of Philadelphia Ins. Indem. Co. v. Kendall
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 “subscrib
Young v. 1530 Rosedale Partners, LLC, et al. – Plaintiff Not Required to Show Freedom From Comparative Negligence In Addition to Establishing Defendant’s Negligence on Summary Judgment
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
New York Public Health Law § 2801 Does Not Apply to Adult Homes
Written by: Daniele DeZago, Esq. Edited by: Nicole A. Callahan, Esq. The applicability of New York Public Health Law § 2801 has been limited thanks to a decision issued by Judge George Nolan of Suffolk County Supreme Court. In Schuckman v. At
Judge Edwards of Kings County Grants Summary Judgment in Favor of Medical Malpractice Defendants in Moore v. Volokh—Holds Plaintiff’s Experts Failed to Refute Causation Arguments
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 act
Hospital and Healthcare Associations File Amicus Brief in COVID Nursing Home Suit
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