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.…
This case is being heard in the Bronx County Supreme Court in the state of New York. The case involves the deceased infant, Kayla Kesse Madison Charles. The plaintiffs are the administrix of the estate of the deceased infant, Dionne Charles and Dionne Charles on her own. The defendants in…
The petitioner for this case is Lena Bagels, Inc. The respondent of the case is The City of New York and the New York City Department of Consumer Affairs. The case is being heard in the New York Supreme Court. The judge overseeing the case is Philip G. Minardo. Case…
This is an interesting case being heard in the Kings County Supreme Court that involves the plaintiff, Christopher-Earl Strunk and a number of defendants. Among the defendants for the case are President Barack Obama, along with Vice President Joe Biden, and Senator John McCain. Additional defendants include the Speaker of…
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…
This is a case of appeal. The appellant of the case is Miguel M. The respondent in the case is Charles Barron. The case is being heard in the Second Department of the New York Supreme Court, Appellate Division. Court Opinion A New York Injury Lawyer said this is an…
The issue in this medical malpractice case is whether the plaintiff/claimant has met the burden of showing why the court should permit him to serve a notice of claim even though the 90-day timeframe has expired. Under New York law, before a plaintiff has the legal right to file a…
In this case the court determines the issue as to whether the statute of limitations for filing a medical malpractice claim was tolled based on the continuous treatment doctrine. Under New York law, there are special procedural rules that must be followed in order to sue a public entity. Because…
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…