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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Multiple Defendants in New York Auto Accident Cases

Sometimes an injured person does not have sufficient information to determine with certainty who is at fault in an accident before filing suit.  Often in automobile accidents, more than one

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Plaintiff Wins Partial Summary Judgment on Labor Law § 240 – Somereve v. Plaza Construction Corp.

New York law places certain requirements on contractors and owners to ensure that construction workers have appropriate safety devices. Pursuant to New York Labor Law § 240, contractors, owners, and

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Summary Judgment for Plaintiff in New York Auto Accident Case

To succeed in a motion for summary judgment in New York, a plaintiff must show that he or she is entitled to judgment as a matter of law through evidence

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Conflicting Medical Opinions Prevent Summary Judgment on Serious Injury Issue in New York

In order to pursue a negligence claim arising from a car accident, a plaintiff must have incurred a “basic economic loss” of more than $50,000 or have suffered a “serious injury”

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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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New York Court Rules Vehicle Rental Company Not Liable for Accident

In New York, a vehicle owner is generally liable for injuries or property damage resulting from the negligent use or operation of the vehicle by a person who has express

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Arbitration Agreement in New York Senior Living Community

It is now common for nursing homes, assisted living facilities, and similar facilities to require residence to agree to arbitration during admission.  These arbitration agreements are frequently challenged. In Brookdale

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New York Design Defects and Failure to Warn

New York recognizes three types of strict product liability:  manufacturing defects, design defects, and failures to warn.  A manufacturing defect results from an error in the manufacturing process that makes

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