Important Decision for Automobile Accident Cases

On October 17, 2014, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

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Motor Vehicle Accident Decision

In an important motor vehicle accident decision in January of 2014, the Appellate Division affirmed a summary judgment for the defendant in Lee v. D. Daniels Contr., Ltd., 2014 NY Slip Op 00487.  This case centered around an interesting question, to wit, Does a parties conduct in furnishing the conditions for the accident also make that party a proximate cause of the accident?  Based on this decision the answer is surprisingly, not necessarily.  Causal relationships have everything to do with liability in personal injury cases.  This case also shows us that it is important to keep up with current case law in order to evaluate the likelihood of success for a particular matter.  Automobile accidents are very intricate and should be evaluated by an attorney.

Personal Injury Attorneys in Mineola

As always, if you were involved in an automobile accident and want to speak with an experienced attorney, call The Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 today!

Landlord Liability

On March 5, 2012, in Landlord-Tenant, Personal Injury, by Robbie L. Vaughn, Esq.

Landlord Liability

In a recent case involving landlord liability, Brathwaite v. New York City Hous. Auth., 2012 NY Slip Op 1422 – NY: Appellate Div., 2nd Dept. 2012, the Court ruled that The New York City Housing Authority (NYCHA) was not liable for injuries the plaintiff sustained when he was assaulted inside the apartment of his girlfriend.

The court acknowledges that landlords have a common-law duty to take minimal precautions to protect tenants and their guests from the reasonably foreseeable criminal conduct of third parties. However, the court finds that NYCHA was not the proximate cause of plaintiff’s injuries.

Here is part of the Court’s reasoning:

Moreover, and contrary to the plaintiff’s contention, both NYCHA and American established their prima facie entitlement to judgment as a matter of law by demonstrating that any negligence on their part was not a proximate cause of the injuries sustained by the plaintiff. The plaintiff claimed that security was inadequate because NYCHA and American failed to repair a broken lock on the entrance to the building. However, the plaintiff testified at his deposition that the two locks on the door to Patsy’s apartment were functioning on the day in question. He further testified that he did not know how Glenn entered the apartment prior to the assault, that he and Patsy may have left the door unlocked when they entered earlier that day, and that Glenn may have had a key in any event. There was no testimony or documentary evidence arising from the investigation of the incident which suggested that Glenn had forcibly entered the apartment, or that he gained access other than through the front door. Thus, even if Glenn entered the building of his own accord because of the inoperative lock, he could not have gained access to the interior of the apartment where the assault occurred unless, as had been done on prior occasions, a family member let him in, furnished him with a key, or left the door unlocked.

Mineola Personal Injury Attorneys

As always, The Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you with your Personal Injury or Landlord-tenant matters. Contact us at (516) 858-2620 to arrange a consultation.

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