In a must read case The New York Court of Appeals in Wilinski v. 334 East 92nd Housing Development Fund Corp., et al., decided October 25, 2011, 2011 NY Slip Op 7477, held that; “Some New York courts have interpreted our decision in Misseritti v Mark IV Constr. Co. (86…
In a 3-2 decision The New York Appellate Division, 3d Department, in GROVE v. CORNELL UNIVERSITY et al., 75 A.D.3d 718; 904 N.Y.S.2d 559; 2010, denied plaintiff’s motion for summary judgment on his 2401(1) claim while granting defendants’ cross motion dismissing the claim holding that plaintiff’s own negligent conduct was,…
Cambridge police settle civil rights case (Bay State Banner, MA) Hawaii-based soldier’s lawsuit against Burger King claims he swallowed needles in hamburger (AP) Paralyzed East Naples woman settles lawsuit against three doctors (Naples Daily News, FL) Paralyzed teen’s family wins medical malpractice suit (Detroit Free Press) Portland parents sue Legacy…
In a 3-2 decision The New York Appellate Division, 1st Department affirmed the granting of summary judgment to a construction worker on his 240(1) claim. In Reavely v.Yonkers Raceway Programs, Inc., et al., decided on October 20, 2011, the worker suffered injury while assisting in the installation of a hang…
This year’s program will focus on specific types of cases frequently encountered in motor vehicle litigation. Our Partner, Christopher L. Sallay is the Program Co-Chair of this New York State Bar Association program and will be speaking at the New York and Long Island program. Our partner, Howard S. Hershenhorn…
On Tuesday, November 1, 2011, Cardozo Law School will hold a seminar on Opening Statements for more than 100 students as a prerequisite to its Intensive Trial Advocacy Program (ITAP). Featured Speakers at the lecture include Ben Rubinowitz, and Judith Livingston. Both Rubinowitz and Livingston have been recognized as two…
In a New York construction accident case in which a worker suffered injury when he fell from a scaffold The Court rejected the recalcitrant worker defense. In Mazurett v. Rochester City School District, decided by The New York Appellate Division, 4th Department on October 7, 2011, the construction worker sustained…
State Supreme Court rules Richland woman can proceed in negligence case (Tri-City Herald, WA) HARALAMPOPOULOS v. KELLY(Court of Appeals of Colorado) West Virginian jury awards $4.2 million in medical malpractice verdict (The Record, WV) University of Iowa Hospitals and Clinics and the state of Iowa settled two lawsuits recently totaling…
In Schick v. 200 Blydenburgh, LLC, et al., 2d Department decided October 4, 2011, the plaintiff sustained injury when he fell from a ladder on which he was standing. The Court set forth the facts as follows; “On March 9, 2007, the date of the subject accident, Pal Supply had…
In Delaney v. Town Sports International, doing business as New York Sports Club, et al., 2d Department decided on October 4, 2011, the Court was with faced with the age old question of trivial or de minimis defects. The plaintiff suffered injury as a result of falling over a moveable…