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Articles Posted in Personal Injury

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New York Appellate Court Discusses Requirement to Show “Serious Injury”

The affirmed report of defendants’ independent examining neurologist, indicated that an examination conducted on April 7, 2006 revealed that there is no permanency from a neurological perspective. He opined that there is no objective evidence of any neurological disability or abnormality. The affirmed report of defendants’ independent examining psychiatrist, showed…

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New York Appellate Court Says Plaintiff Failed to Rebut Defendant’s Claim of No Triable Issue of Fact

Additionally, plaintiff has failed to rebut evidence of a preexisting degenerative condition. Although defendants’ independent experts conclude in their affirmed reports that plaintiff’s MRI films showed evidence of degenerative changes, and chronic degenerative spinal disease which is a pre-existing condition, plaintiff failed to attach evidence from any experts indicating their…

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Plaintiff Files for Structured Settlement, New York Appellate Court Finds for Defendant

Petitioner, who is an investment company, filed for the transfer of a structured settlement in its favor pursuant to a personal injury suit filed against by a private victim. The victim suffered injuries due to a motor vehicle accident where his motorcycle hit a pothole on an expressway at Bronx.…

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New York Appellate Court Weighs in on Attorney-Client Relationships

Plaintiffs commenced a legal malpractice action seeking damages allegedly arising from defendant lawyer’s representation of them in a personal injury action. Defendant lawyer then filed a motion for summary judgment dismissing the complaint against him. On 6 August 2007, the Supreme Court of Monroe County issued an order granting the…

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Appellate Court Questions Whether Injuries Led to Suicide in Claimant’s Husband

In this case before the Court of Appeals of New York the court is presented with the question of whether there is a connection between the suicide of the claimant’s husband and the physical injuries he sustained five and fourteen years before he committed suicide. Case Background The accidents that…

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New York Supreme Court Discusses Statute with Disproportionate Impact on Particular Demographic

The case before the Supreme Court of New York County involves a significant statute that appears to have a disproportionate impact on people of color and those with a limited income. The statute is found in the General Obligations Law of New York and is known as the Structured Settlement…

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