New York Court Excludes Evidence of Company Safety Policy in Automobile Accident Case

Defendants in personal injury cases may try to introduce evidence that is not really relevant to the accident.  The plaintiff can move to have such evidence excluded at trial.  In

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New York Construction Plaintiff Granted Summary Judgment in Ladder Case – Marquez v. New York Stone Company

Under New York law, contractors, owners, and their agents must generally provide certain safety equipment to protect workers involved in the construction of a structure.  Labor Law § 240(1) provides

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New York Court Grants Summary Judgment to Pedestrian in Crosswalk Accident Case – Cervantes v. Gracious Home, LLC

In New York, a plaintiff in a personal injury case arising from an automobile accident must prove not only liability but also that the injuries resulting from the accident rose

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New York Court Dismisses Malpractice Case against Assisting Surgeon – Elbaum v. Afridi

When a patient is injured by medical negligence, it can often be difficult to identify exactly who is responsible for the injury before a lawsuit is filed.  Often, multiple health

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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 Court Denies Defense Summary Judgment Motion Supported Only by Unsigned and Uncertified Depositions

Defendants in personal injury cases commonly file motions for summary judgment.  In New York, summary judgment is appropriate only when there is no triable issue of fact.  The party seeking summary

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New York Court Allows Claims against MTA Bus Company to Proceed

New York Public Authority Law § 1276 (1) requires a personal injury complaint against the Metropolitan Transportation Authority to include an allegation that at least 30 days have passed since the

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Summary Judgment on Liability in New York Rear-End Collisions

Under New York law, a rear collision with a vehicle that is stopped makes a prima facie case for the negligence of the rear driver.  It also creates a presumption

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Rebutting a Defense Showing of No Serious Injury in New York Auto Cases

The victim of a New York automobile accident must show that he or she either suffered a serious injury or incurred basic economic loss greater than $50,000, per New York

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