Murray v. New York City Health & Hospitals Corporation June 24th, 2008 WARNING The 2d. Department upheld the dismissal of plaintiff’s action for wrongful death resulting from medical malpractice when the plaintiff’s counsel failed to appear for a final conference. The Court held; “To be relieved of the default in…
In Bradley vIBEX Construction, et al. decided June 26th, 2008, The First Dept. reversed the lower Court’s decision denying plaintiffs’ motion to set aside a verdict for defendants and granted the motion and directed judgment be entered in favor of plaintiffs on the issue of liability pursuant to § 240(1),…
In Morales v. D & A Food Service, et.al; June 25th 2008, The Court Of Appeals in reversing The First Depatrment’s dismissal of plaintiff’s Section 240(1) claim held; “The order of the Appellate Division should be reversed, with costs, defendant Santomero’s motion for summary judgment denied, plaintiff’s cross motion for…
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…
LOSS OF VISION FOLLOWING BLEPHAROPLASTY AS A RESULT OF ORBITAL HEMORRHAGE Blepharoplasty basically is surgery in which excess tissue is removed from the eyelids. It is the most commonly performed cosmetic surgery of the face. Upper eyelid surgery is usually performed for removal of excess skin, muscle and fat and…
To prevail in a civil rights action under 42 USC §1983, plaintiff must establish that defendants deprived decedent of a right secured by the constitution or laws of the United States and that such deprivation was committed by person(s) acting under color of state law (see, Spell v. McDaniel, 591…
In an injury or death resulting from the defective design of a product, the claim is that the product functioned as it was designed but the design was negligent. That is a reasonable manufacturer should have known that the design of the product was defective, that it was foreseeable that…
From amnewyork By David Freedlander; Twenty of the city’s high-rise crane returned to operation last week, but many of them are on construction sites that have received dozens of complaints and violations for unsafe working conditions. The complaints range from the mundane to the alarming, but in the light of…
FAILURE TO PROMPTLY REVISE A SHUNT IN A PATIENT WITH HYDROCEPHALUS. IS IT NECESSARILY MEDICAL MALPRACTICE? By Anthony H. Gair; Hydrocephalus is basically an overabundance of cerebro/spinal fluid within the head. Hence, the commonly used lay term, “water on the brain”. While hydrocephalus is usually thought of as occurring in…