New York Personal Injury Lawyer Blog 24/7

Published on: November 29, 2012

Plaintiff Argues They Aren’t Obligated to Indemnify the Insured, NY Appellate Court Decides

by Stephen Bilkis

This case is being heard in the Second Department, Appellate Division, of the Supreme Court of the State of New York. The case deals with a judgment that stated the plaintiff was not obligated to defend or indemnify its insured, the defendant, in an underlying personal injurycase that is pending in the Supreme Court of Kings County. The plaintiff of the case is appealing the judgment from the case in the same court that denied her cross motion for summary judgment to declare that the disclaimer of coverage issued to the defendant was a not valid against her and that the plaintiff is obligated to defend or indemnify the defendant in the underlying personal injury action.

Court Decision

The court is ordering that the original order from the Supreme Court of Kings County is reversed as appealed from. The cross motion is granted and remitted to the court for the entry of a judgment declaring that the disclaimer of coverage was invalid against he defendant and they are obligated to defend and indemnify their insured in the underlying personal injury action.

Published on: November 28, 2012

New York Supreme Court Hears Tobacco Injury Case

by Stephen Bilkis

In this particular case being heard in the Supreme Court of the State of New York in New York County, the plaintiffs are seeking to recover for personal injuries as a result of smoking tobacco. The defendants in the case have moved for summary judgment to dismiss the fraud, failure to warn, and design defect claims being made against them.

Case Background

The plaintiffs in this case are seeking to recover for personal injuries including permanent neurological damage and lung cancer allegedly sustained by the plaintiff as a result of use of cigarettes that are manufactured and sold by the defendants. The plaintiff alleges that she started smoking when she was a teenager during the 1940s. By the time she turned 20 she was smoking a pack a day.

Published on: November 26, 2012

Defendant Insurance Company Files Appeal After Lower Court Ruling for the Plaintiff

by Stephen Bilkis

This particular case involves an insurance company as the respondent and two businesses as the appellants. The case is being heard in the Appellate Division, Second Department, of the Supreme Court of the State of New York.

Case Background

This case involves several related actions. The first action in the case is related to a personal injury. The Supreme Court ordered the defendant in the case lost the case and was ordered to pay for the personal injuries that the plaintiff sustained. The defendant is appealing this verdict that was made in the Supreme Court of Kings County. In this same action the insurance company of the defendant was ordered to indemnify the defendant and to pay the amount specified by the court. The insurance company is appealing this order as well. The second issue that is being appealed by the plaintiff is the order by the court that granted the second defendant a summary judgment in their favor to dismiss the complaints that were made against them.

Published on: November 24, 2012

NY Appellate Court Modified Prior Judgment for the Plaintiff in Injury Case

by Stephen Bilkis

This particular case involves an insurance company as the respondent and two businesses as the appellants. The case is being heard in the Appellate Division, Second Department, of the Supreme Court of the State of New York.

Case Background

This case involves several related actions. The first action in the case is related to a personal injury. The Supreme Court ordered the defendant in the case lost the case and was ordered to pay for the personal injuries that the plaintiff sustained. The defendant is appealing this verdict that was made in the Supreme Court of Kings County. In this same action the insurance company of the defendant was ordered to indemnify the defendant and to pay the amount specified by the court. The insurance company is appealing this order as well. The second issue that is being appealed by the plaintiff is the order by the court that granted the second defendant a summary judgment in their favor to dismiss the complaints that were made against them.

Published on: November 22, 2012

Plaintiff Granted Summary Judgment by Lower Court, Defendant Appeals

by Stephen Bilkis

This is a case being heard in the Second Department, Appellate Division, of the Supreme Court of the State of New York. The action before the court is an appeal by the defendant. The defendant is an appealing the order made by the Supreme Court of Kings County that granted the plaintiff the motion for summary judgment and denied their cross motion for summary judgment.

Case Background

The plaintiff in the case was hired to perform construction work at a location in Manhattan. The defendant was a subcontractor for another company to perform masonry work. The company that the defendant works for entered into the agreement for the work with the clause that the other defendant would obtain an insurance policy for general liability and the plaintiff was to be named as an additional insured on the policy.

Published on: November 21, 2012

Defendant Requests Mistrial, Supreme Court Denies

by Stephen Bilkis

This is a case being heard in the Trial Term of the Supreme Court of the State of New York in Kings County, Part 3. This is a personal injury case resulting from an accident.

Case Background

In February of 1957, an accident took place on the corner of Broadway and Hooper Streets in Brooklyn, New York. There are two plaintiffs in this case, the driver of the vehicle and the passenger of a motorcycle that was involved in the accident. The plaintiffs claim that the motorcycle they were on collided with a truck from the Department of Sanitation of the City of New York. The plaintiffs claim that as a result of the collision the motorcyclewent out of control and hit another truck on the other side of the street. Both of the plaintiffs were thrown into the street, which caused personal injuries to them.

Published on: November 20, 2012

Plaintiff Seeks a Ruling Under Supplementary Underinsured Motorist Endorsement

by Stephen Bilkis

This case is one of appeal being heard in the Appellate Division of the Supreme Court of the State of New York, Second Department. The plaintiff in this case has settled his action to recover damages for personal injuries against the tort feasor in the amount of $25,000. This action is brought against the plaintiff’s insurance company for a breach of contract. The plaintiff is seeking to recover damages under the supplementary underinsured motorist endorsement of his auto insurance policy.

Case Background

The plaintiff purchased his car insurance policy from the defendant in December of 1997. In addition to the other coverage from the policy there was supplementary uninsured motorist coverage in the amount of $100,000 for each occurrence. This is the policy that was in effect when the plaintiff was involved in a car accident.

Published on: November 19, 2012

Defendant Moves for Motion to Dismiss, Stating Requirements Under NY Insurance Law 5102 Not Met

by Stephen Bilkis

This is a case being held before the Supreme Court of Kings County. The defendant has moved for an order to dismiss the plaintiff’s complaint on the basis that the injuries that the plaintiff sustained do not meet the requirements of a serious injury under the New York Insurance Law section 5102.

Case Background

The plaintiff filed a summons and verified complaint with the Kings County Clerk’s office in April of 2009. The defendants replied with a verified answer in August of 2009, thus joining the issue. The note of issue in this case was filed in October of 2010.

Published on: November 17, 2012

NY Supreme Court Discusses Serious Injury Requirements for Insurance Law Section 5102

by Stephen Bilkis

This is a case being heard in the Supreme Court of Kings County. The defendant has moved for a summary judgment in this case to dismiss the complaint made against the plaintiff based on the ground that the plaintiff did not sustain a serious injury within the requirements of Insurance Law section 5102.

Case Background

The plaintiff began this instant action against the defendant in March of 2010 by filing a summons and instant complaint with the Kings County Clerk’s office. The defendant joined the action by verified answer in April of 2010. A note of issue was filed regarding the case in November of 2010.

Published on: November 16, 2012

New York Appellate Court Remits Case to Address Damages Awarded to the Plaintiff

by Stephen Bilkis

This is a case being heard in the Supreme Court of the State of New York, Appellate Division, and Second Department. The defendant in the case is appealing and order that was made by the Supreme Court of Kings County. The judgment of the case was made by a jury in favor of the plaintiff in the principal sum of $508,000.

Case Background

The plaintiff was allegedly injured when she fell in a hole on the street when getting off of a bus that is owned and operated by the defendant. The hole was located on the line of the curb right next to the sidewalk. The plaintiff stated that the bus was parked at an angle so the front of the bus was next to the sidewalk and the back of the bus was several feet from the curb. The plaintiff states that she was going down the stairs to get off the bus at the rear and when she stepped down her foot went into the hole and she fell down.