New York Court Grants Summary Judgment to Plaintiff on Res Ipsa Loquitur Basis

Res ipsa loquitur is a legal doctrine that holds that a defendant may be presumed negligent if it had exclusive control of the instrumentality of the injury, if the incident

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New York Landlord Liability for Injury Resulting from Dangerous Condition on Premises

Landlords have a duty to maintain their property in a reasonably safe condition.  A landlord may be liable for injuries resulting from its failure to maintain the property in a reasonably

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New York Liability for Stopping a Bus at an Unsafe Location

Defendants in New York personal injury cases often attempt to prevent a case from going to trial by moving for summary judgment.  To succeed in a motion for summary judgment, the

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New York Court Allows Plaintiff to Amend Bill of Particulars Because Defendant Was Not Prejudiced

While ideally all pleadings and other court documents would contain full and accurate information, sometimes a plaintiff needs to amend when new information comes to light.  Under Rule 3025 of

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New York Court Denies Defense Summary Judgment Motion When Plaintiff’s Testimony Raised Issues of Negligence and Causation

Defendants in personal injury cases commonly move for summary judgment.  Summary judgment is only appropriate when there is no triable issue of fact.   The court does not weigh the strength or

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New York Property Owners May Be Liable for Sidewalk Fall Even if Defect Doesn’t Abut Their Property

Section 7-210 of the Administrative Code of the City of New York requires property owners to maintain any sidewalk that abuts their property “in a reasonably safe condition” and makes

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Waivers of Liability in New York Personal Injury Cases

Some activities have known hazards. When a person purchases services related to such activities, that person is often asked to sign a waiver releasing potential claims related to the service. 

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Federal Court Allows Multiple IMEs and Depositions

Unfortunately, some cases do not get resolved quickly, especially when there are multiple defendants involved.  The Federal Rules of Civil Procedure allow parties to depose each other.  They also allow

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A defendant may require a plaintiff whose physical condition is in controversy to submit to a physical examination. NY CPLR 3121(a). Plaintiffs and their attorneys may be concerned about the

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Generally, when people book vacations, the worst thing they expect is bad weather or unsatisfactory accommodations. What happens, though, when a person is seriously injured or assaulted during a vacation?

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