The issue in this slip and fall case is who was responsible for making sure a sidewalk was clear of hazards by properly clearing snow. Plaintiff Garcia, who was 50-years old at the time of the accident, was seriously injured after stepping off a NYCTA bus in the early afternoon…
With regard to plaintiff’s claim for abuse of process, FVA has demonstrated prima facie entitlement to summary judgment. In order to prevail on a cause of action a plaintiff must demonstrate that defendant: (1) caused the issuance of regularly issued process either criminal or civil; (2) with the intent to…
Here, plaintiff’s accident arises out of the same facts and circumstances as the RN accident, as they were both employees of Rockledge and were standing on the same area of the sidewalk shed when it collapsed on July 12, 2003. Mr. OC and Mr. RN each asserted claims under Labor…
In a workplace accident personal injury case, the court had to decide the issue as to whether the defendants were precluded from relitigating an issue as to a second plaintiff after having litigated the same issue as to a different plaintiff. On July 23, 2003, plaintiff Ceja and plaintiff Nunez…
The issue in this car accident case is whether the plaintiff has sustained a “serious injury” as defined by the New York Insurance Law statute. According to the law, in order for a plaintiff to make a claim for pain and suffering, the plaintiff must have suffered a serious injury.…
Labor Law § 240(1) states that all “contractors and owners and their agents, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, ladders, and other devices which shall be…
A Bronx Estate Lawyer said that, by decision and order dated November 12, 2008, the motion brought by fourth-party defendant to dismiss the cause of action in the fourth-party complaint sounding in common law indemnification and contribution, was granted for the reasons stated on the record at oral argument. Remaining…
Defendants argue that the combination of the permissible WCL exclusion of Dole v. Dow with an otherwise enforceable post judgment assignment agreement creates an unenforceable exclusion to the Workers’ Compensation Law. This personal injury court disagrees. Defendants’ liability in this case stems from a straightforward application of the Dole v.…
This motion raises the novel issue about whether a post judgment agreement assigning a defendant’s right to reimbursement from a third party defendant is void as against the public policy of the Workers’ Compensation Law (sometimes “WCL”) where the original plaintiff and the third party defendant are employee and employer.…
4.) The court evaluator stated that when he met with the person, the person was not able to state why he wanted a guardian or what the guardianship proceedings were about. The court evaluator pointed out that the medical records did not indicate what the cause of his medical problems…