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Articles Posted in Nassau

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Plaintiff’s Request for Leave to Follow Late Claim is Denied by New York Appellate Court

A mother and her son claim for medical malpractice against a hospital. The action arises when the mother delivered her son and alleges that the infant sustained meconium aspiration syndrome and hypertonia as a result of the hospital’s mismanagement of her labor and delivery. Even if the infant was transferred…

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Plaintiff Appeals Dismissal for Birth Injury Claim in NY Appellate Court

A thirty-seven year old woman consulted an obstetrician/ gynecologist. She had a thyroid condition and had given birth to a deformed child. She specifically went to this obstetrician for him to inform and advise her on the risk of having another deformed child if she were to get pregnant again.…

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New York Appellate Court Discusses Concept of “Wrongful Conception” in Birth Injury Case

A thirty-seven year old woman got pregnant in 1974. When she and her husband learned that she was pregnant, they engaged obstetrical specialists. They treated her and cared for her during the rest of her pregnancy. These specialists also delivered her baby on May 10, 1975. The baby girl was…

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New York Appellate Court Discusses Liability in Products Liability Case

On 16 April 1973 at approximately 3:30 in the afternoon, natural gas which had escaped from a leak and accumulated in the basement of a building (premises liability) and exploded. The explosion and resulting fire killed someone, seriously injured three people, destroyed a building and caused extensive damage to other…

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New York Appellate Court Decides Case Involving Injuries of a Child Due to Domestic Violence

A father asked a court to vacate an order of protection issued against the father and an order granting sole legal and physical custody of the father’s child to the child’s grandmother. According to the records of the case, the child’s mother left the child when the child was barely…

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New York Appellate Court Rules on Trip and Fall Case on Sidewalk, Denies Defendant’s Summary Judgment Motion

The defendant, also the third party plaintiff in this case, has filed for a motion for summary judgment and to dismiss the third party complaint against another third party defendant. The defendant included in its motion also asserts that the insurance company must pay the housing company as part of…

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New York Appellate Court Rules on Trip and Fall on Airplane

The plaintiff has filed a complaint against the defendant for sustaining personal injury due to a trip and fallaccident. The plaintiff was boarding a plane at the airport when she suddenly tripped and fell to the ground. The plaintiff cited the slippery and defective condition of the floor of the…

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