The issue in this case is whether a defendant in a truck accident personal injury case can escape summary judgement after the death of the co-defendant whose actions were the direct cause of the plaintiff’s injuries. Defendant Stern was an employee of defendant Schor & Rosner. On October 31, 1958,…
The issue in this medical malpractice claim based on the death of an infant during childbirth is whether the mother must suffer a physical injury in order to sustain a claim for emotional distress. In March 1983, plaintiff was admitted to the labor and delivery unit of defendant hospital. During…
In Reece v. City of N.Y., the court considered the question of what the plaintiff must show to prove that a defendant had sufficient notice of a hazard to be liable for injuries caused by the presence of that hazard. As Reece, the plaintiff, stepped on the curb at the…
In a slip and fall case, the defendant grocery store moves for summary dismissal, arguing that the plaintiff does not have evidence that its negligent created the hazard that led to the plaintiff’s fall, or had real or constructive notice of it. Plaintiff Richardson was shopping at Waldbaum’s grocery store.…
The issues before the court in Stuart v. Health & Hosps Corp. are whether a plaintiff is permitted to amend her complaint based on a change in the law that occurred after she initially filed her claim and whether the new law should be applied retroactively. In 2000, plaintiff Ashmeade…
In a medical malpractice claim, the issue before the court is whether the plaintiff had a reasonable excuse for filing a late notice of claim. Under New York law, before a plaintiff can bring a lawsuit against a public or government entity, the plaintiff must first file a notice of…
In a medical malpractice claim, both the plaintiff and the defendants moved for a Frye hearing regarding the anticipated testimony of the expert witnesses. In the alternative, the defendants ask the court to dismiss the plaintiff’s action, and the plaintiffs ask the court to preclude the testimony of the defendants’…
The claimant in this case is Alice D. The defendant of the case is William M. The case is being heard in the New York County Harlem Small Claims Court. Both the claimant and the defendant are representing themselves in the case. The Honorable David B. Saxe is overseeing the…
This case is being heard in the Supreme Court of the State of New York in New York County. The case involves the matter of an Application of MVAIC to vacate an Arbitration Award. MVAIC is the petitioner of the case. The respondents in the case are Geico Insurance Company,…
A mother and her child filed a medical malpracticelegal action against a hospital and three doctors. The mother allege that the hospital and the doctors basically failed to timely schedule a cesarean section as well as her delivery to her infant which was in double footling breech presentation. A double…