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On July 6, 2022, the Appellate Division, Second Department vacated a Nassau County jury verdict of $2,717,303 awarded to a family suing a pulmonologist for wrongful death. The pulmonologist had performed a bronchoscopy on the patient which was negative for any cancer. Approximately two years late...
New York is one of only three states that has neglected to update its wrongful death death statute that was enacted in 1847. Under current law the value of human life in New York for the poor, the disabled, stay at home parents, the elderly and young adults is vastly under appreciated. The curren...
On June 13, 2022, I was fortunate in obtaining a $5,000,000 verdict in a dental malpractice action from a Brooklyn jury following a three week trial. The patient sought treatment from the dentist after an oral surgeon extracted an upper molar which left a hole (fistula) between the maxillary sinu...
On April 13, 2022, the Appellate Division, Second Department overruled a Supreme Court Justice who dismissed a claim of wrongdoing under Judiciary Law 487, against an attorney by clients he represented in a litigation concerning the sale of plaintiff's interests in three skilled nursing care fac...
On April 13, 2022, the Second Department reversed Justice Thomas Feinman who presided over a damages trial of a 42 year old delivery driver who was rear-ended by a Nassau County police car in Hempstead, New York. Liability was established as a matter of law by pre-trial motion. Justice Feinman ha...
On December 21, 2021, a New York County jury found in favor of a pregnant 41 year old woman who suffered a ruptured appendix the day after reporting to an OB/GYN that she was suffering abdominal pain. The plaintiff was referred to a radiologist for a sonogram the same day which was read as normal...
On February 1, 2022, an obstetrician/gynecologist was found liable for failing to inform a woman that a negative endometrial biopsy does not explain continued postmenopausal bleeding and to return for follow-up if the bleeding continued. The plaintiff's expert testified that the OB/GYN defendant ...
On March 22, 2022 an appellate court covering suits filed in Manhattan reversed a lower court that had dismissed a legal malpractice claim regarding the sale of a condominium. The plaintiff claimed that their attorneys were negligent for allowing their breach of contract action to be dismissed on...
After a one day trial on March 30, 2022, a New York, Erie County jury awarded a John Doe $25,000,000 who had filed suit against a 62 year old man who was his Boy Scout leader. The defendant, Robert Eberhardt did not show up for the trial and was not represented by counsel. It was claimed that the...
On March 22, 2022, I secured a verdict of $5,100,000 from a Nassau County jury, for a 47 year old roofing mechanic who suffered a pilon fracture of his ankle joint in an 8-10 foot fall from a ladder while repairing the roof of a commercial establishment. Liability against the owner and lessor of ...
On January 12, 2022, an appellate court modified a Brooklyn jury's verdict for pain and suffering of $3,000,000 ($2M past years and $1M future 10 years) and reduced it to $2,000,000. The plaintiff was a 70 year old male roofer employed by a contractor to provide roofing services to the defendan...
Yesterday, the Appellate Division, First Department reversed a Manhattan Judge who refused to dismiss a legal malpractice claim against a law firm. The plaintiff alleged that he retained the law firm to sue an insurance company that disclaimed coverage for a property damage claim concerning his c...
On January 6, 2022, an appellate court overruled a Supreme Court, Bronx County Judge and ordered a retrial of a personal injury action brought by a plaintiff who fell down an exterior staircase. The trial court submitted the case to the jury on a liability theory exclusively premised on the lack ...
On January 6, 2022, an appellate court agreed that a Manhattan attorney could not be sued for failing to convey to his client an offer to settle a personal injury law suit - in the absence of an allegation that the plaintiff would have accepted the offer. This case represents the application of a...
On December 29, 2021, an appellate court determined that a Brooklyn jury verdict of $14,705,000 was invalid because of the substitution of a regular juror with an alternate juror in the midst of deliberations, without instructing them to restart deliberations anew so the newly substituted juror c...
Last month the Appellate Division Second Department set aside a jury verdict in favor of a pedestrian who claimed that she suffered a crush injury to her foot caused by a New York City Transit Authority (NYCTA) bus in an accident that occurred late at night in Brooklyn. The plaintiff testified th...
On December 22, 2021, an appellate court covering an appeal from a defense verdict rendered by a Suffolk County jury, agreed that a Long Island Railroad train engineer was not responsible for the injuries suffered by a 30 year old male who was struck by a train. The plaintiff was residing in supp...
On December 23, 2021 an appellate court covering Saratoga County upheld the denial of a law firm's motion to dismiss a legal malpractice claim. The plaintiff claimed that she hired the defendant law firm to negotiate a settlement agreement with her former employer, the Town of Milton. The plainti...
On December 14, 2021, the First Department reversed a decision that addressed the duty owed by an attorney to a client arising out of a failure to file a Notice of Claim within 90 days and/or a motion for leave to file a late Notice of Claim within 1 year and 90 days. Plaintiff retained attorney ...
On December 3, 2021, the Appellate Term modified a Queens County, Civil Court jury verdict award of $150,000 for past pain and suffering in addition to $750,000 for 55 years of future pain and suffering to a 17 year old female injured in a rear end motor vehicle collision. The plaintiff testified...
On November 24, 2021, an appellate court covering appeals from Broome County in upstate New York resolved some novel legal issues in attorney-client relationships. What was unusual is that the Court found that a client's allegation that an attorney delayed her divorce/child custody litigation so ...
On November 18, 2021, the NYS Appellate Division, First Department reduced a jury verdict of approximately $60,000,000 to $29,000,000 for the pain and suffering of a 16 year old boy horribly burned in a chemistry class at New York City public high school. The boy was burned during a chemistry dem...
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...
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 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...
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