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Articles Posted in New York City

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NY Appellate Court Decides if Parent Exercised Impaired Judgment

The respondent for the case is Ivelisse T. This case concerns the alleged abuse and neglect of two children under the age of eighteen, Rosaly S. Marcos S, and Wesley R. The case is being heard in the Kings County Family Court. Daniel Fraidstern, Esq., is the Special Assistant Corporation…

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Loss of a one-week pregnancy is considered a “serious injury” under New York insurance law – McKendry v. Thornberry, 872 N.Y.S.2d 658 (N.Y. Sup. Ct., 2009)

The issue in this car accident case is whether, under New York’s insurance law, the plaintiff suffered a “serious injury” when she lost her 1-week old pregnancy as result of the car accident. Under New York Insurance Law § 5104, in order to recover for pain and suffering in a…

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Case Involves Medical Indemnity Fund for Medical Malpractice Case

Birth Injury 126 The plaintiffs of this particular case are Miles Mendez, who is an infant, who is represented by his natural guardian and mother, Melina Mendez, and Melina Mendez individually. The defendant of the case is the New York and Presbyterian Hospital. Case Facts The plaintiffs in the case…

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Plaintiff moves for a Frye hearing in medical malpractice action – Fernandez v. St. John’s Queens Hospital, 2007 NY Slip Op 31604(U) (N.Y. Sup. Ct. 6/11/2007)

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’…

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NY Appellate Court Hears Allegations of Neglect, Judgement for Defendant in Child Neglect Case

Queens Birth Injury 5 This is a case being heard in the Kings County Family Court. The case involves the children, Justin S., Brandon S., and Shyrelle F., all under the age of eighteen. A New York Injury Lawyer said the case is alleging neglect of the children by the…

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NY Appellate Court Confirms Improper Care of Infant, Judgement for the Plaintiff

Queens Birth Injury 15 This case is being heard in the Special Term of the Queens County Supreme Court. The original plaintiffs of the case are John Joseph Shea III, who is an infant under 14 years old, represented by his guardian John Joseph Shea II and John Joseph Shea…

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Request for Summary Judgment Denied in Medical Malpractice Case – Peterson v. Andrew Garber, M.D., 2007 NY Slip Op 32866(U) (N.Y. Sup. Ct. 9/6/2007)

In this medical malpractice case, the court must decide whether the plaintiff’s expert testimony was sufficient to rebut the defendant’s expert’s testimony which established a prima facie showing supporting the defendant’s motion for summary judgment dismissal. Plaintiff Peterson filed a medical malpractice lawsuit against defendant Dr. Garber. In her claim,…

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Woman Contends High Risk Pregnancy Wasnt Managed Properly

The plaintiffs in this case are Angel Hunter, who is an infant and represented by his mother, Lisa Aveta, and Lisa Aveta for herself. The defendants in the case are Richmond University Medical Center, Michael Moretti, M.D. and Marino A. Poliseno, D.O. The case is being heard in the Richmond…

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Plaintiff Sues Defendant for Pregnancy, NY Court Finds for the Plaintiff

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…

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