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On January 30, 2018, an attorney from Bellmore, N.Y., Nancy Enoksen, age 49, was convicted by a jury of stealing $187,000 in personal injury funds awarded to her client. After a 7 day trial, it took the jury 90 minutes to convict the thief. Between August 2013 and April 2014 Enoksen withdrew fund...
On January 25, 2018, an appellate court covering Manhattan upheld the decision of a Judge finding that a property owner was responsible as a matter of law for the injuries suffered by an electrician who was struck in the head by an electrical transformer that fell on his head. Labor Law 240 (1) w...
It was announced today that Gov. Cuomo will sign a bill to allow additional time for victims of delayed diagnosis of cancer to file a malpractice claim. Currently, if you didnt file a medical malpractice suit within 2 1/2 years of the malpractice your case could be dismissed as late--even though...
This week an appellate court covering Nassau County reversed the decision of a trial court Judge who dismissed the malpractice claim of a woman who underwent surgery at Beth Israel Medical Center for a deviated septum and was left with a disfigured nose. The patients claim against a plastic surg...
Last July a 33 year old stuntman on the set of Walking Dead fell headfirst from a balcony 22 feet to his death because he missed the padded landing target by inches. It was reported yesterday that the mother of stuntman, John Bernecker, filed a wrongful death action against several production c...
On January 8, 2018, Justice Lynn Kotler of the New York County Supreme Court denied an attorneys motion to dismiss a legal malpractice claim arising out of a divorce action involving assets worth tens of millions of dollars. Noreen and Peter Roth married in 1996 and had two children. The husb...
Yesterday a Bronx Supreme Court Justice upheld $9.7M of a $13M jury verdict awarded to a 37 year old woman who fell down a flight of stairs shattering her leg resulting in multiple surgeries. Worse, the plaintiff developed an extremely painful nerve disorder called complex regional pain syndrome ...
Today was the first time a New York Appellate Court upheld an award of punitive damages against a physician for “destroying medical records in an effort to evade potential medical malpractice liability.” A Queens County jury had awarded punitive damages of $7,500,000 which the trial judge reduced...
On January 3, 2018, federal court Judge Robert W. Sweet from the Southern District in Manhattan, dismissed a legal malpractice claim filed by a disgruntled client who was convicted of wire fraud and conspiracy. The reason for the dismissal was a well settled principle under New York law that you ...
Two days ago, the Appellate Division reversed a Manhattan Judge and dismissed a legal malpractice case against an attorney who sued the wrong party causing the dismissal of a personal injury case. The Niemark law firm was first attorney hired by a man who was injured at a public school in New Yor...
Client hires law firm to sue a hospital in Pennsylvania for medical malpractice arising out of a back surgery. The medical malpractice case is dismissed because the law firm failed to file a certificate indicating that a medical expert believed there was malpractice. So, the client next sues the ...
On December 20, 2017 an appellate court covering Queens County agreed that a trial court properly dismissed a wrongful death medical malpractice action brought by the family of a 65 year old woman who died three months after a surgical repair of two abdominal aortic aneurysms. The decedent had a ...
On December 22, 2017 an upstate New York appellate court upheld the right of a patient to sue a surgeon for exceeding the scope of a surgery she consented to. There was no discussion by the Court of the type of surgery the plaintiff did consent to. However, the Court noted that the plaintiff had ...
A New York City Civil Court Judge has denied a dentists motion to dismiss a patients claim of fraudulent representation as to his dental experience. The dentist claimed that the patient failed to sue his professional corporation and that he could not be held personally liable. The Court gently ...
On November 27, 2017 a New York County Supreme Court Justice held a general contractor liable, as a matter of law, for a construction workers fall from an unsecured ladder. The only issue for a jury to determine is the amount of money damages owed to the worker. The worker was up on a ladder cov...
Last month a Supreme Court Judge in Manhattan dismissed a legal malpractice claim against a lawyer who failed to show up at a conference which led to dismissal of the clients case. The attorneys no-show resulted in the dismissal of an Article 78 proceeding against the NYC Department of Educatio...
On December 5, 2017, Westchester County Supreme Court Justice William J. Giacomo, denied summary judgment (pre-trial dismissal) to a golfer who was struck in the head while playing in a threesome at the Lake Isle Country Club. The defendant Mac Donald and the plaintiff were experienced golfers an...
Yesterday, a Hackensack, New Jersey jury awarded a 71 year old woman $4,000,000 for pain and suffering, $1,000,000 for loss of conjugal affection and $10,000,000 in punitive damages for the ordeal she was put through due to a defective pelvic mesh implanted in 2008. The plaintiff testified that e...
In a landmark decision released today, New Yorks highest Court--the Court of Appeals has held that the deadline or statute of limitations for wrongful birth cases runs or starts from the date of birth of the child--not from the date of the alleged malpractice as is the general rule in medical m...
A Manhattan Supreme Court Justice, Robert Kalish on November 27, 2017, denied a plaintiffs motion for a preliminary injunction freezing the assets of a customer she sued for battery. The waitress was working at the Le Bain Nightclub in the Standard Hotel when she claimed that she was attacked by...
On December 5, 2017 an appellate court covering Manhattan disbarred an attorney, licensed to practice law since 2004, who admitted he had ripped off 50 clients for approximately $191,000. Mitchel Tarter signed up 50 distressed homeowners, who he persuaded had meritorious claims, to sue their lend...
On November 22, 2017 an appellate court upheld $3,200,000 of a $7,200,000 verdict awarded to the wife and infant son of a 22 year old man who was killed when a garbage truck lurched backward and crushed him against a dumpster.
A former Wilkie amp; Gallagher partner, Keila Ravelo, age 51, is looking at 4 - 6 years jail time after pleading guilty last week of creating phony invoices for imaginary litigation vendors created to establish corporate bank accounts. She would send the phony bills to her law firm clients and t...
On November 2, 2017, an appellate court upheld a verdict of $800,000 for pain and suffering and $800,000 for future medical expenses awarded to a pedestrian crossing an intersection in midtown Manhattan when he was struck by the defendant taxi driver. The pedestrian suffered a tear of the labrum ...
The Appellate Court covering Brooklyn released a decision today upholding the denial of a motion by an attorney who won a medical malpractice trial but believed he was entitled to more than the retainer agreement provided. The Morelli Law Firm
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