Discovery in New York Accident Cases

In construction accident cases, the defendants are often in possession of information the plaintiff may need to prove his or her case. In New York litigation, there is to be

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New York Defendant Not Entitled to Summary Judgment without Establishing He Wasn’t at Fault

It can be difficult for a plaintiff in a New York automobile accident to succeed in a personal injury case when the defendant had the right of way, but it

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Summary Judgment on Liability in New York Multi-Car Collisions

Liability is often difficult to determine in accidents involving multiple cars.  In some cases, however, liability can be fairly straightforward.  In New York, a rear collision with a stopped vehicle

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Storm in Progress Rule in New York Falls on Snow and Ice

New York in winter can be dangerous for pedestrians.  Although property owners in many New York cities have a duty to clear sidewalks abutting their property, New York law does

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Special Employer Status in New York Construction Accidents

Workers’ compensation is generally the exclusive remedy of an employee against his or her employer for injuries incurred in the course and scope of employment.  In New York, this protection

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New York Construction Accident Plaintiff Denied Summary Judgment Due to Conflicting Accounts of Accident

New York Labor Law § 240(1) requires contractors and owners to provide certain safety devices, including scaffolding, hoists, and ladders, for the protection of the workers.  In the recent case

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Child Plaintiff’s Claims Against Defendants Survive Summary Judgment in New York Escalator Accident Case

It is common in personal injury cases for defendants to try to avoid liability by pointing fingers at each other.  In premises liability cases, there are often vendors that are contractually

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Some of Plaintiff’s Claims Survive Defense Summary Judgment Motion in New York Construction Slip and Fall Case

The New York Labor Law provides protections to construction workers and places specific obligations on owners and contractors. Labor Law § 240 requires contractors and owners to provide appropriate equipment to

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New York Construction Site Fall Case Survives Summary Judgment Motions by All Defendants

Accidents at construction sites often involve construction workers, but sometimes a person who is not involved in the construction work is injured at a construction site. Since it is not always

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No Summary Judgment for New York Defendant with Conflicting Evidence on Serious Injury

Under New York law, plaintiffs in personal injury cases arising from automobile accidents must show they suffered either a “basic economic loss” greater than $50,000 or a “serious injury” that

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