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On July 7, 2021, an appellate court covering appeals from Kings County Supreme Court agreed that a roller skater at the Pier 2 Roller Ring at Brooklyn Bridge Park could not sue the rink for injuries suffered when she tripped over an uneven portion of the wooden floor. The general manager of the r...
On July 28, 2021, the Appellate Division, Second Department reversed a Kings County Justice who had dismissed a legal malpractice claim as untimely and for plaintiffs alleged lack of standing. In the year prior to suit the plaintiff had filed a bankruptcy petition and neglected to list the potent...
On August 11, 2021, an appeals court covering Kings County upheld the decision of Justice Silber which denied a post-trial motion by the NYC Transit Authority to set aside a jury verdict in favor of a then 12 year old girl who slipped and fell on a puddle of water at the Grand Army Plaza subway s...
On June 30, 2021, the Appellate Division, Second Department overruled a Nassau County Justice and held that a legal malpractice claim could not be dismissed simply because there was no written retainer agreement. The plaintiff had defaulted on a real estate mortgage resulting in a judgment of for...
On July 28, 2021, an appellate court covering appeals from Westchester Supreme Court agreed with the lower court that dismissed a Labor Law Section 240 (1) filed by an HVAC mechanic who fell from a ladder. The appellate court found that the injury occurred while the mechanic was replacing a conde...
Generally a pharmacist cannot be held liable to someone injured by a prescribed drug unless he or she failed to fill a prescription exactly as prescribed by a physician. An exception to this general rule is when the prescription is so clearly contraindicated that "ordinary prudence" imposes a dut...
On August 11, 2021, the City of New Rochelle received a rude awakening from the Appellate Division, Second Department when their defense of qualified immunity arising out of a highway planning decision was rejected as baseless. The plaintiff was a pedestrian crossing the street in the crosswalk w...
On August 4, 2021, an appellate court reversed the decision of a Queens County Supreme Court Justice who had granted a motion for summary judgment (dismissal of case before jury trial) filed by North Shore-Long Island Jewish Health System (NSLIJ) against a patient who had developed hideous bed so...
The New York Times published an eye brow raising article on August 19, 2021 about the perils of a popular plastic surgery procedure referred to as the Brazilian Butt Lift (BBL). According to the article this procedure "typically costs around $15,000, is not covered by insurance and fat is lipo-su...
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