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On May 17, 2023, an appellate court covering appeals from Queens County Supreme Court reversed a trial judge who refused to declare a mistrial during opening statements. The plaintiff claimed that while riding his motorcycle on a road in Queens when a truck driving in the opposite direction hit t...
On May 11, 2023, a NYS appeals court dismissed a legal malpractice claim arguing that plaintiff (client) unnecessarily spent tens of thousands of dollars on attorney fees to litigate and thereafter, arbitrate a real estate partnership dispute "because of the attorney's bad advice to advance certa...
On May 3, 2023, the Appellate Division, Second Department overruled a Suffolk County Supreme Court Justice who denied a severely injured plumber's motion for summary judgment on liability against the owner of a building and the general contractor for an unsafe construction site. The plumbers empl...
On January 23, 2023 a Bronx jury agreed that Western Beef Supermarket failed to promptly clean up a clear liquid that was spilled in an aisle causing a 45 year old female shopper to fall onto her back. The supermarket argued that their employees routinely inspect for and promptly clean up any spi...
The United States District Court in the Southern District of New York has granted the government's motion for summary judgment in a medical malpractice case brought by a mother and her child against the United States under the Federal Tort Claims Act. The case involved a permanent brachial plexus...
On April 26, 2023, a New York appellate court covering Suffolk County upheld the pre-answer dismissal of a legal malpractice suit. A disgruntled client in a commercial mortgage foreclosure action had his legal malpractice claim dismissed at the outset of litigation because his claim was wrong on ...
On April 27, 2023, the New York Court of Appeals retained a form of the primary assumption of risk doctrine despite the enactment of the comparative fault regime of CPLR Article 14 in 1975. The doctrine applies only in a narrow set of circumstances, such as in athletic and recreational activities...
The Appellate Division, Second Department on April 19, 2023 ruled upon an interesting question of law regarding the statute of limitations in legal malpractice actions. Here are the basic facts. Client sued attorney for legal malpractice alleging that her personal injury actions were dismissed be...
On February 22, 2023, a Nassau County, New York jury awarded $4,000,000 to a woman for the failure of a radiologist to properly interpret a mammogram and ultrasound resulting in a one year delay in diagnosing breast cancer. The plaintiff developed Stage 3 breast cancer with metastases to her lymp...
On April 4, 2023 an appellate court overruled a Judge and Manhattan jury finding that a radiologist's alleged misdiagnosis was not "a substantial factor in causing the delay that led plaintiff's appendix to burst resulting in the loss of a pregnancy. The plaintiff was in the early stages of pregn...
On April 4, 2023, an appeals court affirmed New York County Supreme Court Justice Jaffe who dismissed a legal malpractice claim, disguised as a "simple negligence" claim, finding that a disgruntled prospective beneficiary of an Estate cannot sue the attorney who planned the Estate or drafted the ...
On March 28, 2023, the Boston Globe reported on a jury verdict awarding $20M to a 43 year old man who was repeatedly misdiagnosed as having sciatica pain in his leg, rather than a blood clot. The delay in diagnosis of the blood clot led to an avoidable amputation. Mr. Luppold first presented to t...
On March 22, 2023, an appellate court covering Queens County appeals rejected a hospital's claim that a jury verdict of $1,300,000 was excessive to compensate the Estate of a man who endured pain and suffering for his final 18 days after the malpractice occurred. The Court held that there was a r...
On November 7, 2022, following an 8 day trial, a Brooklyn jury found that the New York City Transit Authority (NYCTA) was negligent for allowing a dangerous snow and ice condition to exist for approximately two days on an exterior staircase to an elevated subway track in the Bronx. The jury award...
On December 28, 2022, a Nassau County jury feeling the holiday spirit found in favor of a podiatrist who was injured during a lumbar laminectomy procedure performed by orthopedist Fernando Checo, M.D. It was later determined that the plaintiff-podiatrist suffered a dural tear of the spinal cord w...
On December 20, 2022, a Court Officer employed in Nassau County with the title of Sergeant was awarded $20,156,772, including $15M for pain and suffering. He was seriously and permanently injured when a courthouse door slammed closed on him and knocked him down due to a defective door arm mechani...
On March 9, 2023, the Appellate Division, First Department lightened the burden of proof required to recover money damages for the negligent infliction of emotional distress cause of action. The defendant owned a building in Manhattan where a camera with a recording device was found set up to vie...
On February 7, 2023, an appellate court agreed with a New York County Supreme Court Judge who dismissed a medical malpractice claim of unnecessary surgery against a pathologist. The patient/plaintiff had filed suit against his surgeon and a pathologist claiming the removal of his pancreas was unn...
Last week, the Appellate Division reversed a Kings County, New York Supreme Court Justice who granted the motion of New York Methodist Hospital and two obstetricians to dismiss plaintiff's lack of informed consent and malpractice claims. This plaintiff will now have her day in Court before a jury...
On January 18, 2023 an appeals court reversed a Suffolk County, Supreme Court of New York Judge who had dismissed a legal malpractice claim holding that the law firm had not met its burden of proof on a pre-trial motion for summary judgment. The underlying case involved a sanitation worker/pedest...
This case involves an infant, then age 13, who was given two vaccines in 2006 by her pediatrician. After receiving the vaccines, the infant developed significant muscular weakness and she received care from three additional pediatricians in 2006 who successfully moved to dismiss the case filed in 2016 as untimely.
On December 28, 2022, an appellate court upheld a Westchester County bench trial verdict of $1,856,699 against an attorney in favor of an estate despite the lack of privity. The defendant attorney was retained by the first executor to facilitate the administration of the estate of plaintiff's fat...
On December 22, 2022, an appellate court agreed that the malpractice claim of a 58 year old woman, against her internist, of a delay in treating coronary artery disease, may proceed to a jury trial. Based on complaints of fatigue and shortness of breath, the internist had recommended that the pl...
On November 23, 2022, the Appellate Division, Second Department reduced a Kings County jury verdict of $2.9M for past pain and suffering to $1.7M. The verdict was awarded to a 54 year old woman who tripped and fell on a sidewalk maintained by the New York City Transit Authority (NYCTA). The trial...
On December 7, 2022, an appeals court overturned a $1,140,000 jury verdict in favor of a car driver struck by a left turning MTA bus at an intersection in Queens. The court found that the liability verdict was so contrary to the weight of the evidence that no reasonable jury could have reached th...
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