Training for the Safety of Construction Workers Now Law in NYC

2017-11-16T16:12:00+00:00 November 16th, 2017|Law|

Training for the Safety of Construction Workers Now Law in NYC Construction work is inherently dangerous.  There are major construction and infrastructure projects ongoing in New York City.  Construction workers are continuing to get injured and even die on construction-site jobs in New York City.   A majority of fatal construction accidents, interestingly, occur at non-unionized sites.   Many accidents, however, can be prevented if workers are informed of and observe basic safety rules and protocols.  This [...]


2017-11-06T13:46:06+00:00 November 3rd, 2017|Law, Legal News|

The Court of Appeals of New York in Hain v. Jamison, 28 NY3d 524 (Dec 22, 2016) engaged in a hornbook exposition of proximate cause and defined the law on this issue.  The Court of Appeals unanimously revered the Appellate Division and rendered its opinion. The Opinion of the Court of Appeals: I. Decedent, the wife of plaintiff, was struck and killed by a vehicle driven by one of the Jamison defendants as decedent was [...]


2017-11-06T13:37:47+00:00 November 3rd, 2017|Law, Legal News|

The Court of Appeals of New York State in Matter of Newcomb v Middle Country Central School District, 28 NY3d 455 (Dec. 22, 2016) clarified the respective burdens of the parties in demonstrating substantial prejudice (or lack thereof) suffered by a public corporation as a result of a prospective plaintiff’s filing of a late notice of claim. The Opinion of The Court of Appeals: The issue in this appeal is whether the lower courts abused their [...]


2017-11-16T12:03:58+00:00 September 13th, 2017|Law|

According to the Brooklyn Community Foundation: Brooklyn is the 4th Largest “City” in America With over 2.6 million residents, Brooklyn is NYC’s largest and fastest growing borough. Brooklyn Is Larger than Boston, Atlanta, Washington DC & Minneapolis combined; It has more African Americans than Atlanta, more people with college degrees than Boston, more people living in poverty than Detroit, and more wealthy people than Greenwich. Brooklyn Ranks Third in the State in Income Inequality; one in [...]

Artibee v Home Place Corp., 2017 NY Slip Op 01145 Decided on February 14, 2017 Court of Appeals Stein, J.

2017-11-16T16:12:26+00:00 August 30th, 2017|Legal News|

New York State’s highest Court held that New York State is not subject to liability apportionment when a plaintiff claims the State (as a defendant) and private party (co-defendant) liable for noneconomic losses in a personal injury action.  A strong dissent was rendered criticizing the majority opinion as giving the State preferential status over the other tortfeasors despite no legislative support. Plaintiff suffered injuries while traveling on a state highway when a large branch broke off [...]


2017-11-06T13:37:49+00:00 April 5th, 2017|Law|

Recent studies find an increase in pedestrian fatalities. The spike in pedestrian deaths and injuries is attributable a few factors.  Distraction by cell phones and electronic devices seems to be a prevailing cause.  Interestingly, it is not only the vehicle drivers distracted by cell phone use while driving but also the pedestrians who engage in the use of cell phones and electronic devices while walking! Pedestrians cannot assume because they are pedestrians that vehicle traffic will [...]

10 Common Mistakes After an Accident

2017-11-06T13:37:51+00:00 February 7th, 2017|Law, New York City|

Accidents can happen at anytime and to anyone; they do not discriminate.  If you are a victim of an accident the last thing you want is to make an innocent mistake after your accident that hurts you even more.  Accident victims usually find out about their mistakes after they have made them when the consequences may not be able to be undone. Here are ten after-an-accident common mistakes: -Failure to call the police to the [...]

The Trucks Are Killing Us

2017-11-06T13:37:51+00:00 December 29th, 2016|Law, New York City|

The Opinion Pages | OP-ED CONTRIBUTOR The Trucks Are Killing Us By HOWARD ABRAMSONAUG. 21, 2015 CreditHarry Campbell ACCIDENTS like the one that critically injured the comedian Tracy Morgan, killed his friend and fellow comedian James McNair, known as Jimmy Mack, and hurt eight others on the New Jersey Turnpike last year are going to continue to happen unless Congress stops coddling the trucking industry. More people will be killed in traffic accidents involving large trucks this year [...]

A Bifurcated Trial – What it Means for Your Personal Injury Case?

2017-11-06T13:37:51+00:00 December 28th, 2016|Law, New York City|

In a personal injury case, depending in which county your case is brought in New York State, your action may have to be tried in two trials.  That is called a bifurcated trial.  Michael Manoussos & Co PLLC, a New York City personal injury law firm understands the ramifications of bifurcated trials and have the experience to maximize your recovery.   In a bifurcated trial, the trial is broken up into two trials.  That is, [...]

Litigation Coordinating Panel

2017-11-06T13:37:52+00:00 November 5th, 2016|Law, New York City|

In certain circumstances, multiple cases that arise from the same occurrence and suited separately, may be consolidated under the ambit of what's is usually termed a Litigation Coordinating Panel.  The Litigation Coordinating Panel of the Unified Court System of the State of New York receives and resolves applications for the coordination of litigation that is pending in more than one judicial district of the State.  The coordination of multiple lawsuits from a variety of venues [...]

Innocent Victims of Fraud

2017-11-06T13:37:53+00:00 November 5th, 2016|Law, New York City|

Insurance fraud is a serious offense and the consequences can be severe, including jail time and fines.  There is not much debate about whether individuals who commit insurance fraud should be punished.  Insurance fraud is a two-way street; that is, individuals who seek to defraud insurance companies and insurance carriers who seek to defraud the consumers and insureds through bad faith or improper practices. Let's take, however,  the example of a passenger in a motor [...]

Reimbursement Claim for No-Fault Paid to Health Insurer Not Permitted

2017-11-06T13:37:53+00:00 October 28th, 2016|Legal News|

The issue before the Court of Appeals of New York, in Aetna Health Plans v. Hanover Ins. Co., 2016 N.Y. Slip Op. 04658 (N.Y. June 14, 2016) was whether a health insurer that paid for medical treatment that arguably should have been covered by the insured's no-fault automobile insurance carrier could maintain a reimbursement claim against the no-fault insurer within the framework of the New York no-fault law. The Court ruled that the health insurer could not [...]

Permanent Scarring from a Motor Vehicle Accident

2017-11-06T13:37:53+00:00 October 12th, 2016|Law, New York City|

Section 5102 of the Insurance Law defines one category of "serious injury" as "significant disfigurement".  The Courts have further defined "significant disfigurement" as "a condition which is unattractive, objectionable, or the object of pity and scorn."  In practice, this "serious injury" often is the result of scarring, frequently caused by broken glass or the seat belt suddenly tightening upon vehicle impact. Although it is unclear exactly how large or how visible a scar must be to [...]

Landlord’s Duty To Prevent Assaults

2017-11-06T13:37:54+00:00 October 12th, 2016|Law, New York City|

If you were assaulted by a third party in your apartment building, you of course can sue the perpetrator, but the landlord may also be liable to you to compensate for your injuries and pain and suffering.  Landlords have a duty to take minimal precautions to protect tenants from the reasonably foreseeable criminal conduct of third parties and are liable to an injured tenant if the landlord's conduct caused the assault.  The important factors in most [...]

Extent and Intensity of Medical Treatment

2017-11-06T13:37:54+00:00 October 10th, 2016|Law, New York City|

In a personal injury case, medical documentation is the most important evidence of pain and suffering.  High quality medical records will state the nature of your injuries, recommendations for specialist referrals, and the treatment provided to you by the doctor, amongst other important facts.  Medical treatment for injuries sustained in a motor vehicle accident can vary from home exercises all the way to surgery and everything in between, such as physical therapy, epidural steroid injections, and [...]

One “Serious Injury” = All Injuries Compensable

2017-11-06T13:37:54+00:00 October 10th, 2016|Law, New York City|

We discussed in a previous post that not all injuries from a motor vehicle accident are compensable; only "serious" injuries are entitled to compensation for pain and suffering.  The term "serious injury" is defined in the Insurance Law and the Courts have further defined "serious injury" in numerous appellate cases.  What if there are several injuries and some are "serious", but some are not?  In this scenario, the Courts have held that once the plaintiff proves [...]

Worker’s Third Party Action

2017-11-06T13:38:29+00:00 September 17th, 2016|Law, New York City|

For the most part, the Workers' Compensation Law prohibits an employee from maintaining a lawsuit for personal injuries against his or her employer. However, the victim of an on-the-job accident is permitted to sue a "third party" for pain and suffering compensation if that third party caused or contributed to the accident or the injuries.  This applies to various work scenarios from construction-site workers to delivery persons to building workers to office personnel, etc.  For example, [...]

Insect Infestation in Dwelling

2017-11-06T13:38:30+00:00 September 17th, 2016|Law, New York City|

In a city this large and crowded, it is inevitable that we share our city with millions of rodents, insects, and other pests.  We've all seen a rat on thesubway tracks at some point.  What if you have an infestation in your apartment?  The Multiple Dwelling Law requires the owner of every multiple dwelling to keep their building "clean and free from vermin, dirt, filth, garbage or other thing or matter dangerous to life or health."  [...]

Liability Physical Examination

2017-11-06T13:38:30+00:00 September 15th, 2016|Law, New York City|

After the deposition in a personal injury action, the defense is entitled to have a physician or multiple physicians, depending on the nature of your injuries, examine you. While this may seem intrusive, the law is that when one claims personal injuries, their physical condition is relevant and the defense is entitled to have an expert or experts of their choosing assess your physical condition. Since the purpose of this examination is defending against a personal [...]

Red Light Cameras

2017-11-06T13:38:30+00:00 September 13th, 2016|Law, New York City|

Motor vehicle accidents arising from a collision at an intersection often revolve around the issue of who had the right of way and frequently become an issue of "he said, she said" regarding the color of the traffic lights. Many people (including attorneys) wonder why the video footage used to catch people running red lights is not used in motor vehicle cases.  Without addressing whether red light cameras are a good thing or not, it seems [...]


2017-11-06T13:38:30+00:00 September 13th, 2016|Law, New York City|

Hit-and-run accidents, often involving pedestrians, happen at an alarming frequency.  It would be inherently unfair to the victim of a hit-and-run if compensation was unavailable simply because a negligent driver decided to flee the scene of the accident rather than stop.  The Motor Vehicle Accident Indemnification Corporation ("MVAIC") was created to address this issue.  MVAIC is available to the victims of hit-and-run accidents who do not have any other motor vehicle insurance to compensate them for [...]

Summary Judgment and No Comparative

2017-11-06T13:38:30+00:00 September 7th, 2016|Legal News|

The New York State Appellate Division of the Supreme Court for the First Department in Rodriguez v City of New York (2016 NY Slip Op 05943, Decided on September 1, 2016), revisited “a vexing issue regarding comparative fault: whether a plaintiff seeking summary judgment on the issue of liability must establish, as a matter of law, that he or she is free from comparative fault. This issue has spawned conflicting decisions between the judicial departments, as [...]

Court of Claims

2017-11-06T13:38:31+00:00 September 5th, 2016|Law, New York City|

The Court of Claims is a separate and special court system set up specifically for cases against the State of New York and its various branches and divisions. For example, if you are struck by a New York State police vehicle, you are not permitted to sue in the regular state court system. The case must be brought in the Court of Claims. There are a number of procedural differences, most importantly that there is no [...]

Reckless Endangerment Standard

2017-11-06T13:38:31+00:00 September 2nd, 2016|Law, New York City|

The law recognizes that when a police officer is responding to an emergency, the officer cannot be expected to obey all of the traffic laws in the way that a normal driver would under normal conditions.  Hence, the Vehicle and Traffic Law specifically permits police officers to disregard a number of traffic laws, including stop signs, red lights, speed limits, turning lanes, and one-way streets.  There are limits, however.  The officer must be responding to an [...]

De Minimis Defect

2017-11-06T13:38:31+00:00 September 2nd, 2016|Law, New York City|

Often in trip and fall cases, the party responsible for maintaining the property where an injury occurred will claim that the defect is "de minimis".  The courts consider a defective condition to be "de minimis", and hence not actionable, if the defect is "trivial", "insignificant", or "insubstantial".  Essentially, the argument is that although there may be a defect (such as an elevated sidewall flag), if the defect is very minor or slight, the court can decide [...]