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On June 6, 2019 the appellate court handling appeals from Bronx County affirmed a trial court Judge who allowed a brain damaged baby leave to file a late notice of claim - even though there was no reasonable excuse offered for the delay. It was found that the New York City Health & Hospitals Corp...
Battle of Experts In Malpractice Case Determined By Court on A Pre- Trial Motion
Last month the appellate court affirmed a Manhattan Supreme Court Justice who dismissed a claim by a (then) 66 year old woman who underwent a permanent cosmetic eyebrow tattooing to her forehead. It was claimed that the tattoo was placed too far "above the plaintiff's natural brow line resulting in...
In a recent decision an appellate court reversed Justice Kevin Kerrigan's Order to set aside a plaintiff's verdict in a brain damaged baby case. Because the jury reasonably found malpractice but unreasonably failed to award any monetary compensation to the child, the appellate court ordered that ...
On June 19, 2019 an appellate court overruled Nassau County Supreme Court Justice Jerome Murphy who dismissed a claim for forfeiture of legal fees against Garden City lawyers Cullen & Dykman. The client had retained Cullen & Dykman to analyze her ownership interest of $20 million in W.S. Wilson C...
On June 19, 2019, an appellate court ruled that a neurosurgeon was not entitled to dismiss a wrongful death - medical malpractice case without a jury trial. The neurosurgeon performed microvascular decompression surgery on the plaintiff's decedent to treat trigeminal neuralgia and discharged him ...
Many cases involving sports related injuries are rejected or dismissed due to the assumption of risk doctrine. Once you choose to participate in any recreational activity you are usually thought to have consented to quietly accept any injuries arising out of that activity. But there are many exce...
On June 14, 2019, a New York appellate court rejected a defense verdict awarded to a vascular surgeon by an upstate jury regarding the performance of an aortobifemoral bypass. The malpractice theory advanced at trial was that the surgeon failed to properly inspect the bowel as it was returned to ...
Last month an appellate court overruled a Kings County Supreme Court Justice who allowed a grandmother to sue for the emotional injuries she suffered when her granddaughter (2 years old) was killed by falling debris from the facade of a commercial building in Manhattan.It was undisputed that the ...
On June 6, 2019, the New York Court of Appeals restated a burden-shifting analysis, often misconstrued by lower courts, regarding the application of a missing witness charge. As a result, a Rochester man convicted of attempting to murder a woman will be allowed a new trial. The victim was walking...
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