A New York jury has awarded a Cheektowaga woman $66 million after she was paralyzed by a exercise unit that toppled onto her. The upstate woman was working as a physical therapist six years ago when the weight machine fell on her, causing severe and permanent injuries. The judgement is…
We are proud to announce that Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named Robert L. Conason as the “New York Best Lawyers Personal Injury Litigator of the Year” for 2011. After more than a quarter of a century in publication, Best Lawyers…
In Patricia Ross v. Brookdale University Hospital and Medical Center, Decided August 12th, 2008, The Second Department held that where The Court vacated the plaintiff’s note of issue but did not dismiss the case the plaintiff was not required to show the existence of a reasonable excuse and a meritorious…
In Tirado V. Elrac Inc., U-Haul Co., Inc. decided August 5, 2008, The First Department reversed the order of the Supreme Court granting U-Haul’s motion for summary judgment and granted plaintiffs cross motion to amend his Complaint and held the amendment related back to the original date of filing of…
From The New York Law Journal, Thursday, July 31, 2008; Our partner, Ben Rubinowitz, and Evan Torgan, a member of Torgan & Cooper,” write that too often, trial lawyers use demonstrative exhibits only in the one part of the trial during which the exhibit is offered – usually direct examination.…
In product liability cases involving allegedly defective machines such as printing presses, plastic molding machinery, power saws, power presses and innumerable others, the defense will invariably argue that it was the plaintiff’s culpable conduct which caused the accident and resulting injury. In other words, the defendant will argue that it…
In D’Amato v. Yap, et al., Decided July 8th 2008, The 2d. Department held that while plaintiffs were not entitled to Summary Judgment on liability they were entitled to a unified trial on liability and damages. The facts set forth in The Court’s opinion were as follows; “The seven-year-old infant…
In Guzman v 4030 Bronx Blvd. Assoc. L.L.C., Appellate Division, First Department, Decided on June 19, 2008 The Court held; “While plaintiffs’ expert is qualified to render an opinion on the extent of plaintiff Tyrone Guzman’s neurological deficits and may testify that those deficits are consistent with a history of…
Uninsured Motorist Coverage/Supplemental Underinsured Motorist Coverage A. When and How It Applies: 1. Uninsured Motorist Coverage (UM) – Insurance Law Section 3420(f)(1) – is mandatory in New York State which makes certain that the minimum bodily insurance coverage mandated by law is available to those involved in an accident with…