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…
The plaintiff commenced this personal injury action against the driver and owner of a New York City taxi, involved, along with the plaintiff, in a motor vehicle accident at the traffic light on the street. The plaintiff alleges that he was stopped at the light when the driver rear-ended his…
This is a personal injury action in which plaintiff, seeks to recover damages for injuries he sustained as a result of a motor vehicle accident that occurred on December 22, 2009, at the intersection of 23rd Avenue and 97th Street, Queens County, New York. At the time of the incident,…
The underlying action was commenced by the plaintiffs as a result of a motor vehicle accident, which occurred on November 29th, 2008, at or near the intersection of Page Road and Marlboro Road in Valley Stream, New York. The subject intersection is controlled by stop sign for those vehicles traveling…
On October 4, 2002, the plaintiffs filed a personal injury action arising from a motor vehicle accident and alleged that they sustained serious injuries as defined by Insurance Law and seek to recover damages against the defendants. The defendant moves for summary judgment in its favor. In support of the…
On December 13, 2011 in the Supreme Court of the State of New York Appellate Division: Second Judicial Department, an interesting case was heard. The commercial vehicle accident injury that occurred in Westchester County and had been heard on September 28, 2010 was being appealed. The issue at appeal was…
In an action to recover damages for personal injuries, the complainants appeal from an order of the Supreme Court which, in effect, granted the motion of the defendant husband and wife and a man for summary judgment to dismiss the complaint insofar as asserted against them on the ground that…
This is the story of an incident that resulted in a personal injury claim from a commercial truck driver. The facts of the case are not being disputed by any of the parties involved. The truck driver drove his truck to the docks to deliver some cartons of merchandise to…
An action was filed, among other things, to recover damages for wrongful death and personal injuries against a car leasing company. The action arose from a car/bicycle collision accident, which led to the death of the 30-year old woman riding the bicycle. According to sources, the woman, while riding her…
A personal injury action was filed arising out of an accident which occurred at a construction site in New York. The action was filed against a general contractor and a concrete subcontractor performing concrete and masonry for and at the research and development building of a pharmaceutical company. The construction…