Section 205 (a) provides that: “If an action is timely commenced and is terminated in any other manner than by a voluntary discontinuance, a failure to obtain personal jurisdiction over the defendant, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits,…
A defendant seeking summary judgment must establish prima facie entitlement to such relief as a matter of law by affirmatively, with evidence demonstrating the merits of the claim or defense, and not merely by pointing to gaps in plaintiff’s proof. Labor Law §200 reads: All places to which this chapter…
The action commenced was filed by plaintiff against defendant. That action was consolidated with the actions against the remaining defendants. The complaints assert causes of action for common law negligence and violation of Labor Law §§200, 240, 241(6) and the Industrial Code of the State of New York 12 NYCRR…
That leaves the ninth and final category with which to sustain her claim for serious injury: a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute their usual and customary daily activities for not less…
In this personal injury action, plaintiffs claimed to recover monetary damages for personal injury allegedly sustained by him as the result of a motor vehicle accident that occurred in County of Suffolk, State of New York. A New York injury Attorney said that defendants filed several motions: the first one…
As previously stated, ever where there is ample proof of a plaintiff’s injury, certain factors may nonetheless override a plaintiff’s objective medical proof of limitations and permit dismissal of a plaintiff’s complaint. Specifically, additional contributing factors such as a gap in treatment, an intervening medical problem or a pre-existing condition…
The issue to be resolved in this case is whether summary judgment of the case is proper. It is well settled that the proponent of a motion for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law by providing sufficient evidence to…
Plaintiff submitted no admissible proof of objective findings contemporaneous with the accident that would indicate causality between the injury allegedly sustained in the accident and the accident itself. The causal connection must ordinarily be established by competent medical proof. Additionally, plaintiff has failed to rebut evidence of a preexisting degenerative…
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…
In this action, plaintiff seeks to recover damages from defendants for personal injury arising from a “slip-and-fall” type accident, occurring on October 26, 2002. Plaintiff alleges that she was a passenger on a bus, and that as she was attempting to exit the bus, she was caused to fall due…