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On November 7, 2018, Supreme Court Justice Gerald Lebovits in Manhattan held that Starbuck's was liable, as a matter of law, for all damages suffered by a pedestrian who slipped and fell on an icy sidewalk in front of their store. It was undisputed that Starbuck's store manager observed vomit on ...
On November 14, 2018 The Appellate Division, Second Department reversed Supreme Court Justice Paul Marx, who dismissed a legal malpractice on the ground that it had not been filed within the three year statute of limitations. The Appellate Court found that there was an issue of fact on whether th...
On November 28, 2018, an intermediate appellate court covering Orange County, New York, held that a trial judge has the discretion to exclude a severely disabled 14 year old female burn victim from the courtroom during summations in a personal injury action against a nurse and health care facilit...
On September 25, 2018, a jury in Queens County held a rehabilitation facility responsible for the severe injuries suffered by a patient while undergoing physical therapy. The plaintiff/patient was an adult female who was told to stand and walk while holding onto parallel bars - unassisted. The pa...
Last week the Appellate Division Second Department upheld a lower court Nassau County judge who dismissed a claim of fraudulent concealment of sexual misconduct against a psychiatrist. In 1982, at the age of 24, the plaintiff became a patient of the defendant psychiatrist. In 1993, the psychiatri...
On October 25, 2018, an appellate court held that an orthopedic surgeon, hit with an $8,600,000 jury verdict, could proceed to a jury trial to determine whether his malpractice insurer acted in bad faith in refusing to settle. The 36 year old male patient who sued the orthopedist had complication...
In a recent decision an appellate court covering Manhattan upheld a client's right to a jury trial on the claim that he received negligent advice from his attorney that he could leave the U.S.and would not be deported when he returned, as a result of pleading guilty to multiple federal election l...
On November 5, 2018, a 57 year old female who suffered a knee injury requiring five surgeries as a result of a slip and fall on an icy sidewalk settled her case in the middle of a jury trial in Brooklyn.for $900,000. The plaintiff was walking on the sidewalk late at night in Queens when she slipp...
Last month, a Queens County jury awarded $930,000 to a back seat passenger in a taxi cab when another vehicle made a left turn simultaneously with the taxi at the same intersection causing a collision. The plaintiff sued the taxi and the other vehicle which was found to be 100% at fault. The plai...
On November 16, 2018, a damages only trial resulted in a Brooklyn jury verdict of $11,030,000 to a 41 year old bicyclist deliveryman who was hit from behind by a car. A pre-trial motion resulted in a finding that the operator of the vehicle was 100% at fault, as a matter of law. The only issue tr...
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