The Court of Appeals of New York State on April 3, 2018 in a split decision held that plaintiffs are entitled to partial summary judgment on the issue of defendants liability without the burden of establishing the absence of their comparative negligence. This is a major holding from the highest Court in New York and now the law of the entire State of New York on this particular legal issue. Judge Feinman wrote the decision for the majority of the Court.

2018-04-27T09:55:08+00:00 April 27th, 2018|Law, Legal News|

Carlos Rodriguez, Appellant, v City of New York, Respondent. FEINMAN, J. This appeal requires us to answer a question that has perplexed courts for some time: Whether a plaintiff is entitled to partial summary judgment on the issue of a defendant's liability, when, as here, defendant has arguably raised an issue of fact regarding plaintiff's comparative negligence. Stated differently, to obtain partial summary judgment in a comparative negligence case, must plaintiffs establish the absence of their [...]

Defendants Are Not Bad But Just Negligent.

2018-05-03T20:50:58+00:00 April 24th, 2018|Law, Legal News|

Car accidents are a result of negligence.  That is, there’s no mens rea – no intent. Negligence in essence is the failure to take proper care in doing something.  It’s being careless. In personal injury cases, the wrongdoing is usually negligence or carelessness.  Another way of broadly looking at negligence is when something occurs when one person acts or fails to act carelessly, which somehow (either directly or indirectly) causes some type of injury or harm [...]

Appellate Court Reaffirms First Hand Knowledge Required for Meritorious Defense In The Acceptance of a Late Answer.

2018-05-12T21:48:17+00:00 April 12th, 2018|Law|

Appellate Court Reaffirms First Hand Knowledge Required for Meritorious Defense In The Acceptance of a Late Answer. The Appellate Division for the Second Department in a Decision on April 11, 2018, pointedly reminds the Bar that “[t]o compel the plaintiff to accept an untimely answer as timely, a defendant must provide a reasonable excuse for the delay and demonstrate a potentially meritorious defense to the action” and that an attorney’s verification of the proposed Answer and [...]

Training for the Safety of Construction Workers Now Law in NYC

2018-03-10T19:35:13+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 [...]

NEW YORK’S HIGHEST COURT EXPOUNDS AND RE-DEFINES PROXIMATE CAUSE

2018-03-10T22:30:53+00:00 November 3rd, 2017|Law, Legal News|

NEW YORK’S HIGHEST COURT EXPOUNDS AND RE-DEFINES PROXIMATE CAUSE 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 [...]

NEW YORK’S HIGHEST COURT DEFINES THE BURDEN OF PROOF BETWEEN THE PARTIES REGARDING A LATE NOTICE OF CLAIM FILING (RESOLVING THE SPLIT OF AUTHORITY AMONG THE JUDICIAL DEPARTMENTS).

2018-03-10T22:31:14+00:00 November 3rd, 2017|Law, Legal News|

NEW YORK’S HIGHEST COURT DEFINES THE BURDEN OF PROOF BETWEEN THE PARTIES REGARDING A LATE NOTICE OF CLAIM FILING (RESOLVING THE SPLIT OF AUTHORITY AMONG THE JUDICIAL DEPARTMENTS). 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 [...]

Sidewalk Laws in New York City

2018-03-10T22:17:28+00:00 September 13th, 2017|Law|

Sidewalk Laws in New York City New York City has about 13,000 miles of sidewalks, which are heavily travelled upon by pedestrians.  It is therefore important that the sidewalks are safe and free of defect or dangerous conditions that would cause fall and injury.  Sidewalks are subject to wear and tear and to the effects of the environment and climate.  Sidewalks crack, buckle, collapse; sidewalks slope with downward depressions or upward elevations; sidewalk cracks or holes [...]

BROOKLYN FACTS

2018-03-10T19:32:51+00:00 September 13th, 2017|Law|

Brooklyn, New York Facts 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 [...]

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

2018-03-10T19:32:00+00:00 August 30th, 2017|Legal News|

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

Do I Need a Lawyer After an Accident?

2018-03-10T22:04:01+00:00 July 29th, 2017|Law|

Do I Need a Lawyer After an Accident?   Absolutely yes, period. If you’ve been injured in an accident, no buts or ifs, you need a lawyer, an experienced personal injury lawyer. You need to understand the fundamental concept here.  Insurance companies are in the business of making money.  The purpose of the insurance business is to maximize its profits – to make tons of money.  Insurance companies are not in the charitable or benevolence business [...]

PEDESTRIANS – WALK ALERT AND ATTENTIVE!

2018-03-10T22:13:34+00:00 April 5th, 2017|Law|

PEDESTRIANS – WALK ALERT AND ATTENTIVE! 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 [...]

10 Tips on Courtroom Decorum and Behavior

2018-03-10T19:28:14+00:00 March 14th, 2017|Law|

10 Tips on Courtroom Decorum and Behavior Etiquette is important in making a good impression.  This is particularly true in a court of law, where your behavior and demeanor are judged. Here are 10 tips: Tip 1: Dress appropriately; that means conservatively (dress shirts, dress slacks, dress jacket, dress skirt).  Sunglasses, hats, excessive jewelry, heavy make-up should be avoided and visible tattoos should be covered. Tip 2: Arrive on time; do not be late.  It is [...]

10 Common Mistakes After an Accident

2018-03-10T19:34:30+00:00 February 7th, 2017|Law, New York City|

10 Common Mistakes To Avoid After an Accident 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 [...]

The Trucks Are Killing Us

2018-03-10T22:18:34+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?

2018-03-10T22:19:00+00:00 December 28th, 2016|Law, New York City|

A Bifurcated Trial - What it Means for Your Personal Injury Case? 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 [...]

Litigation Coordinating Panel

2018-03-10T22:06:27+00:00 November 5th, 2016|Law, New York City|

Litigation Coordinating Panel 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 [...]

Innocent Victims of Fraud

2018-03-10T22:18:48+00:00 November 5th, 2016|Law, New York City|

Innocent Victims of Fraud 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 [...]

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

2018-03-10T22:16:16+00:00 October 28th, 2016|Legal News|

Reimbursement Claim for No-Fault Paid to Health Insurer Is Not Permitted 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 [...]

Permanent Scarring from a Motor Vehicle Accident

2018-03-10T22:13:51+00:00 October 12th, 2016|Law, New York City|

Permanent Scarring from a Motor Vehicle Accident 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 [...]

Landlord’s Duty To Prevent Assaults

2018-03-10T22:06:54+00:00 October 12th, 2016|Law, New York City|

Landlord's Duty To Prevent Assaults 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 [...]

Extent and Intensity of Medical Treatment

2018-03-10T22:09:05+00:00 October 10th, 2016|Law, New York City|

Extent and Intensity of Medical Treatment 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 [...]

One “Serious Injury” = All Injuries Compensable

2018-03-10T19:33:01+00:00 October 10th, 2016|Law, New York City|

One "Serious Injury" = All Injuries Compensable 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 [...]

Worker’s Third Party Action

2018-03-10T22:19:39+00:00 September 17th, 2016|Law, New York City|

Worker’s Third Party Action 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 [...]

Insect Infestation in Dwelling

2018-03-10T22:07:29+00:00 September 17th, 2016|Law, New York City|

Insect Infestation in Dwelling 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 [...]

Liability Physical Examination

2018-03-09T22:01:46+00:00 September 15th, 2016|Law, New York City|

Liability Physical Examination 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 [...]

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