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July 30, 2011DEFENSE LOSES NO-FAULT SERIOUS INJURY THRESHOLD SUMMARY JUDGMENT MOTION WHERE ITS EXAMINING DOCTOR DIDN'T MEASURE ACCIDENT VICTIM'S
Court: Supreme Court, Appellate Division, Second Department, New York Case: Bobbie O. Sparks v. Jon S. Detterline Date: July 19, 2011. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx;...
July 27, 2011PRIOR WRITTEN NOTICE REQUIREMENT DOESN'T APPLY WHERE TOWN CREATED DANGEROUS ACCIDENT CONDITION; TOWN DENIED SUMMARY JUDGMENT
Court: Supreme Court, Appellate Division, Second Department, New York. Case: Richard Pennamen v. Town of Babylon Date: July 19, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens...
July 26, 2011CONSTRUCTION WORKER, SCAFFOLD FALL ACCIDENT, LABOR LAW CASE DENIED SUMMARY JUDGMENT; ISSUE OF FACT AS TO "RECALCITRANT WORKER"
Court: Supreme Court, Appellate Division, First Department, New York. Case: Richard Pietrowski v. Are-East River Science Park, LLC Date: July 21, 2011. Comment: New York State Labor Law Section 240 protects workers injured in a fall from a ladder...
July 25, 2011FIREFIGHTER DIDN'T SEE WHAT CAUGHT HIS FOOT AND CAUSED HIS ACCIDENT; LANDLORD GETS SUMMARY JUDGMENT DISMISSING CASE
Court: Supreme Court, Appellate Division, First Department, New York Case: Thomas Cotter v. Pal & Lee Inc. Dated: July 21, 2011. Background: Firefighter filed personal injury action against premises owner and restaurant operator to recover for injuries suffered while...
July 24, 2011MOTORIST HAD STOP SIGN BUT BLAMES ACCIDENT ON OTHER CAR; CASE IS DISMISSED ON SUMMARY JUDGMENT
Court: Supreme Court, Appellate Division, Second Department, New York Case: Stefani A. Gallagher v. David E. McCurty Date: June 28, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx;...
July 21, 2011ACCIDENT VICTIM SUES FOR SLIP ON ICE IN PARKING LOT; TRIAL WITNESS CAN'T REMEMBER - CAN TAPE OF 911 CALL BE USED AT TRIAL?
Court: Supreme Court, Appellate Division, Second Department, New York Case: Martha Seaberg v. North Shore Lincoln-Mercury, Inc. Date: June 28, 2011 In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme...
July 20, 2011MEDICAL MALPRACTICE CASE DISMISSAL AFTER JURY SELECTED BUT BEFORE TRIAL STARTED WAS AN ABUSE OF DISCRETION
Court: Supreme Court, Appellate Division, First Department, New York. Case: Nancy Botwinik v. Michael D. Moseson, M.D. Date: June 9, 2011 Background: In medical malpractice action, the Supreme Court, Nassau County, F. Dana Winslow, J., granted defendants' oral motion...
July 19, 2011QUEENS RESIDENTS GETS BENEFIT OF EARLIER TOLL OF TIME PERIOD TO SUE CITY WHERE THEIR FIRST APPLICATION FOR LEAVE TO SERVE A LATE NOTICE OF CLAIM WAS REJECTED BY COURT
Court: Supreme Court, Appellate Division, Second Department, New York. Case: Augustin Ambrus v. City of New York Date: July 12, 2011. Appeal by the defendants, in an action to recover for property damage, from an order of the Supreme...
July 18, 2011LANDLORD DOESN'T SHOW IT INSPECTED SLIPPERY BATHROOM FLOOR ON DAY OF ACCIDENT; SUMMARY JUDGMENT DENIED
Case: Margaret Goodyear v. Putnam/Northern Westchester Board of Cooperative Educational Services Court: Supreme Court, Appellate Division, Second Department, New York. Date: July 12, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving...
July 17, 2011EMPLOYEE WHO VIOLATED EMPLOYMENT CONTRACT CAN'T SUE OLD EMPLOYER BECAUSE NEW EMPLOYER FIRED HIM, AFTER OLD EMPLOYER TATTLED ON EMPLOYEE TO NEW EMPLOYER
Court: Supreme Court, Appellate Division, Second Department, New York. Case: Smith v. Meridian Technologies, Inc. Date: July 12, 2011. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Brooklyn...
July 16, 2011PLAINTIFF WHO FALLS IN STREET BUT CAN'T IDENTIFY DEFECT LOSES CASE ON SUMMARY JUDGMENT MOTION
Court: Supreme Court, Appellate Division, First Department, New York Case: Joan C. Siegel, as Administrator of the Estate of Jerome Siegel v. The City of New York Date: July 14, 2011. From: New York attorney Gary E. Rosenberg (personal...
July 15, 2011TWO HEALTHY 21 YEAR-OLDS DROWN IN PUBLIC POOL WHILE DOING MILITARY-STYLE UNDERWATER BREATHING EXERCISES
Comment: This is the time of year when I'm usually reporting on pool-drowning accidents. Usually involving small children, I remind pool-owners to fence-in their pools and lock their gates to avoid potentially fatal accidents. And use a pool alarm that...
July 14, 2011ANOTHER "ASSUMPTION OF THE RISK" SUMMARY JUDGMENT DISMISSAL; FOR SNOWBOARDING ACCIDENT
Court: Supreme Court, Appellate Division, First Department, New York Case: Walter C. Bedder v. Windham Mountain Partners, LLC Date: July 7, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens...
OWNER OF ALL-TERRAIN VEHICLE (ATV) CAN RECOVER FOR INJURY IN ACCIDENT FROM HIS PERMISSIVE DRIVER'S NEGLIGENCE
Court: Supreme Court, Appellate Division, Second Department, New York Case: Christopher Mikelinich v. Nicholas Caliandro Date: July 5, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Brooklyn...
July 12, 2011NEW YORK LAWYER COMMITS DOMESTIC VIOLENCE IN VIRGINIA; NEW YORK SUSPENDS HIS LAW LICENSE FOR 36 MONTHS
Court: Supreme Court, Appellate Division, First Department, New York Case: In the Matter of Peter H. Jacoby, a suspended attorney. Dated: June 28, 2011 Discipline given: 36 month suspension. From: New York attorney Gary E. Rosenberg (personal injury and...
July 11, 2011NO "PERMISSIVE USE": CAR IN ACCIDENT DRIVEN WITHOUT PERMISSION, CAR OWNER (AND HER INSURANCE ) LET OUT OF ACCIDENT CASE
Court: Supreme Court, Appellate Division, Second Department, New York Case: Rolando Panteleon v. Florencia Amaya Date: June 21, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Brooklyn...
July 10, 20117 YEAR-OLD BURNT TAKING CUP FROM MICROWAVE; NO NOTICE TO NYC THAT FOSTER HOME WASN'T PROPERLY SUPERVISING (SUMMARY JUDGMENT TO NYC)
Court: Supreme Court, Appellate Division, First Department, New York. Case: Jahporanae Moore v. City of New York Date: June 23, 2011. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx;...
July 8, 2011LATE NOTICE OF DOG BITE ACCIDENT LETS INSURANCE CARRIER DISCLAIM COVERAGE
Case: Erwin Zimmerman v. Peerless Insurance Company Court: Supreme Court, Appellate Division, Second Department, New York. Date: June 21, 2011 From: New York attorney Gary E. Rosenberg (accident injury attorney and lawyer; serving Brooklyn Queens Bronx) In an action for...
Continue reading "LATE NOTICE OF DOG BITE ACCIDENT LETS INSURANCE CARRIER DISCLAIM COVERAGE" » July 7, 2011ILLEGAL ALIEN CONSTRUCTION WORKER SUFFERS BRAIN DAMAGE IN ACCIDENT; KEEPS MONEY DAMAGES AWARD BASED ON FUTURE TREATMENT IN U.S., NOT ECUADOR
Court: Supreme Court, Appellate Division, First Department, New York. Case: Angamarca v. N.Y.C. Partnership Housing Development Fund, Inc. Date: June 21, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens...
July 5, 2011FALSE ARREST CASE DISMISSED; PLAINTIFF HAD NO DRIVER'S LICENSE, LACK OF CAR INSURANCE NOT AN ISSUE
Court: Supreme Court, Appellate Division, Second Department, New York. Case: Kraut v. City of New York and Hartford Insurance Company Date: June 21, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn...
July 4, 2011BRAIN DAMAGED BABY MEDICAL MALPRACTICE CASE DISMISSED ON SUMMARY JUDGMENT; NO BRAIN INJURY SHOWN AT TIME OF BIRTH
Court: Supreme Court, Appellate Division, First Department, New York. Case: Fernandez v. Joel Moskowitz, M.D. Date: June 21, 2011. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Queens...
July 3, 2011ANOTHER ACCIDENT CASE DISMISSED ON SUMMARY JUDGMENT FOR ASSUMPTION OF THE RISK: ACCIDENT OCCURRED WHILE SLIDING DOWN INFLATABLE SLIDE
Court: Supreme Court, Appellate Division, Second Department, New York. Case: Reidy v. Raman Date: June 14, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Queens accident injury...
July 2, 2011BACKING-UP S.U.V. HITS PEDESTRIANS; KILLS MOTHER IN ACCIDENT, INJURES DAUGHTER
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Queens accident injury attorney) RELATED POSTS: DEATH, DEATH AND MORE DEATH IN ONE DAY OF MOTOR VEHICLE ACCIDENTS - CARS,...
Continue reading "BACKING-UP S.U.V. HITS PEDESTRIANS; KILLS MOTHER IN ACCIDENT, INJURES DAUGHTER" » July 1, 2011ONE YEAR TO MOVE TO DISMISS COUNTERCLAIM IN ACCIDENT CASE OR ELSE IT'S DEEMED ABANDONED
Case: Giglio v. NTIMP, Inc., doing business as Napper Tandy's Pub Court: Supreme Court, Appellate Division, Second Department, New York. Date: June 14, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving...
June 30, 2011CRITICAL INJURY FROM ACCIDENTS: MANHATTAN BICYCLIST HIT BY CAR; 7 YEAR-OLD QUEENS GIRL HIT BY BUS; 6 YEAR-OLD QUEENS GIRL HIT BY DRUNK DRIVER
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens accident attorney) RELATED POSTS: NEW YORK CITY ACCIDENTS: ON FOOT OR IN A VEHICLE, BE CAREFUL! (Posted by Queens accident attorney...
June 29, 2011TOUR BUS REAR-ENDS TRACTOR-TRAILER ON PENN. HIGHWAY, BUS DRIVER KILLED; TRACTOR-TRAILER KILLS STATEN ISLAND TEEN
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens accident attorney) RELATED POSTS: LONG ISLAND MOTHER AND 11 YEAR-OLD DAUGHTER SERIOUSLY HURT AND THEN DIE IN ACCIDENT WITH TRACTOR...
June 28, 2011ACCIDENT VICTIM'S CASE NOT MOVED TO UTAH WHERE CLAUSE WAS IN CONTRACT WITH SKI AND SNOWBOARD ASSN AND NOT SKI RESORT
Case: Hluch v. Ski Windham Operating Corp. Court: Supreme Court, Appellate Division, Second Department, New York. Date: June 14, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens...
June 27, 2011ABUTTING OWNER NOT LIABLE FOR ACCIDENT AT JUST-BUILT TREE WELL; SUMMARY JUDGMENT GRANTED TO DEFENSE
Case: Fernandez v. 707, Inc. Court: Supreme Court, Appellate Division, First Department, New York. Date: June 16, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens accident lawyer)...
June 25, 2011SUM ARBITRATION GRANTED; ACCIDENT THAT POLICE OFFICER WAS HIT BY FLEEING CRIMINAL'S CAR
Case: Progressive Northeastern Insurance Co. v. Vanderpool Court: Supreme Court, Appellate Division, Second Department, New York. Date: June 14, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn...
June 24, 2011PRODUCTS LIABILITY LAWSUITS BURST OUT; MANUFACTURER RECALLS POURABLE FUEL GEL AFTER INJURIES IN FIREPOT ACCIDENTS
NEWS from CPSC U.S. Consumer Product Safety Commission Napa Home & Garden Recalls NAPAfire and FIREGEL Pourable Gel Fuel Due to Fire and Burn Hazards From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer;...
June 23, 2011ABUTTING OWNER NOT LIABLE FOR ACCIDENT AT JUST-BUILT TREE WELL; SUMMARY JUDGMENT GRANTED TO DEFENSE
Case: Fernandez v. 707, Inc. Court: Supreme Court, Appellate Division, First Department, New York. Date: June 16, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn injury lawyer) Comment:...
June 22, 2011LAWSUIT BROUGHT TO GET HOSPITAL RECORDS FOR 75 CENTS PER PAGE
Court: Supreme Court, Nassau County, New York Case: Halio v. IOD Incorporated Date: June 14, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn accident lawyer) Comment: Interesting...
Continue reading "LAWSUIT BROUGHT TO GET HOSPITAL RECORDS FOR 75 CENTS PER PAGE" » June 21, 2011BRONX CAR ACCIDENT VICTIMS LOSE SUMMARY JUDGMENT ON NO-FAULT "SERIOUS INJURY" THRESHOLD
Case: Colon v. Vincent Plumbing & Mechanical Co. Court: Supreme Court, Appellate Division, First Department, New York. Entered: June 16, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn...
June 20, 2011SUMMARY JUDGMENT DISMISSAL OF SOME, BUT NOT ALL, MEDICAL MALPRACTICE CLAIMS FOR BRAIN DAMAGED BABY
Case: Garbowski v. Hudson Valley Hospital Center Court: Supreme Court, Appellate Division, Second Department, New York Date: June 7, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn...
June 18, 2011CITY OF NEW YORK, NOT BUILDING OWNER, RESPONSIBLE FOR INJURY IN TREE PIT; SUMMARY JUDGMENT GRANTED
Court: Supreme Court, Appellate Division, Second Department, New York. Case: Vellios v. Green Apple Date: May 31, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Queens accident...
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