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New York Personal Injury Attorneys Blog

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Construction Worker Struck by Falling Truss Granted Summary Judgment on New York Labor Law Section 240(1) Claim

In KARCZ v. KLEWIN BUILDING COMPANY, INC.,et. al., 4th Department, June 10, 2011, The Court affirmed summary judgment for the plaintiff on his 240(1) claim. The plaintiff had lifted a truss overhead onto the aerial platform of a scissor lift. The truss fell on him causing him to suffer injury.…

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Connecticut Family Awarded a Record $58 million for Birth Injury

The family was awarded a record $58 million for medical malpractice A Connecticut family received a record medical malpractice award in a lawsuit, after a jury determined that Daniel D’Attilo’s medical problems were preventable. Daniel needs constant care and cannot speak, eat or walk due to these injuries. Last week,…

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In New York Construction Accident Court Holds Question of Fact as To Whether Sub-Contractor Statutory Agent

In Nascimento v Bridgehampton Constr. Corp., New York Appellate Division, First Department, June 2, 2011, The Court dealt with the oft presented question as to whether a sub-contractor was a statutory agent of the general contractor for purposes of liability pursuant to New York Labor Law Sections 240(1) and 241(6).…

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Plaintiff’s Personal Injury Action in Car Accident Case Dismissed under Emergency Doctrine

In Brannan v Korn, Second Department, May 24, 2011, an action to recover damages for personal injuries, The Court granted defendants’ motion for summary judgment dismissing the complaint based on the emergency doctrine. The plaintiff, while attempting to walk across Ring Road, in Garden City, New York, was struck by…

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New York Construction Accidents-Construction Worker Falls From Ladder,Complaint Dismissed

In MALONEY v.J.W. PFEIL & COMPANY, INC.,et al., Appellate Division, 3rd Department, decided May 19, 2011, plaintiff, while standing on the top cap of a six-foot ladder installing sheetrock on an overhead soffit, fell and sustained injury. Plaintiff moved for partial summary judgment on his Labor Law § 240 (1)…

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