Category: Litigation

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Dangers of Gravity on Construction Sites

Gravity and Construction Sites The obvious thought that comes to mind when thinking about how gravity can play an important role in construction site injuries is a construction worker falling to the ground from an elevated position.  An equally important and equally dangerous scenario arises when objects fall from an elevated position.  The New York […]


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Injured at Work

Construction Injury Recently, we have fielded some phone calls regarding workplace injuries.  There seems to be some confusion as to when an employer can be sued.  There are also several misconceptions with regards to bringing suit against property owners, general contractors and subcontractors.  These questions are answered statutorily by New York Labor Law.  Sections 200, […]


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Municipal Liability for Personal Injury and Wrongful Death Cases

Municipal Liability for Injuries An interesting decision came down in September of 2014 involving municipal liability claims.  In Granada v City of White Plains, 2014 NY Slip Op 06053, the Second Department ruled that a municipality is not immune from claims involving “proprietary functions” which are therefore differentiated from governmental functions.  The Plaintiff-decedent was attacked […]


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Spoilation of Evidence

Spoliation of Evidence In September of this year, the Second Department reached a decision in Lentini v. Weschler, 2014 NY Slip Op 06062, with regards to the “Spoilation of Evidence.”  Spoilation refers to the destruction or repair of critical evidence that will interfere with the ability of a litigant to prosecute or defend a claim.  […]


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Civil Rights Case Eventually Leads to Justice

(photo from nydailynews.com) Civil Rights Violation New York Daily News writer Stephen Rex Brown (October 23, 2014 edition) told the story of Jeff Deskovic and the incredible award he obtained.  It was the largest verdict in U.S. history at $41.6 million.  Mr. Deskovic was convicted of rape in 1991.  In 2006, DNA led to the […]


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Important Distinction in Civil Rights Cases

Civil Rights Question The Court in Burbar v. Inc. Vill. of Garden City,961 F. Supp. 2d 462,2013 U.S. Dist. LEXIS 117029,2013 WL 4427810(E.D.N.Y.2013) made a very important distinction when deciding the Defendant’s motion to dismiss.  After analyzing the facts of the case, the Court decided that probable cause to make an arrest does not automatically […]


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Interesting Legal Procedure Decision

Legal Procedure Decision In Roseman v. Baranowski, 2014 NY Slip Op. 05635, the Second Department allowed Plaintiff leave to amend the summons and complaint in order to add a doctor as a defendant after EBT’s (depositions) were conducted.  Plaintiff’s reason to add the doctor was that the doctor was “united in interest” with the original […]


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Motor Vehicle Accident – Important Decision

Car Accident Injuries An interesting decision was made in Cattan v. Sutton, 2014 Slip Op 05764 (8/13/14).  The case involved an automobile accident in which Defendant made a motion for summary judgment.  The full case can be read at the aforementioned site.  The ruling in this case points to the fact that a driver having […]


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Debt Collectors Charge A Borrower $2.95 in Interest, Lose Fair Debt Collection Case

Debt Collectors Pay Price A debt collector recently charged a borrower $2.95 in interest on a judgement, even though no post-judgement interest had been awarded.  A district court decided that this violated the Fair Debt Collection Practices Act, meaning that the debt collector had to pay the borrower $1,000.00, plus legal fees.  This might seem […]


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Wrongful Arrests and Sealed Records

Wrongful Arrests and Sealed Records When an individual is acquitted of criminal charges, the arrest and trial record for that charge is sealed.  The rationale for this rule is that people who are innocent of criminal charges shouldn’t have a criminal record.  After all, arrests, by themselves, mean nothing other than that a person was […]


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