Plaintiffs include several members of the Scott family, including 19 children, who resided at the Brooklyn Arms Hotel which is owned by defendant Fields. The Hotel was leased to Merco. In 1981 the plaintiffs were homeless. The City of New York placed them in the hotel. The plaintiffs claim that…
Articles Posted in Staten Island
Court denies defendant’s motion for summary judgment in a medical malpractice birth injury case – McLaughlin v. Royek, 2007 NY Slip Op 32242(U) (N.Y. Sup. Ct. 7/17/2007)
In this birth injury medical malpractice case, the defendant moves for summary judgment, arguing that he did not deviate from accepted medical standards in his care and treatment of a pregnant woman by delaying performing a cesarean section delivery despite evidence that the baby was in distress. Plaintiff McLaughlin filed…
Defendant Awarded Partial Summary Judgement in Medical Malpractice Action
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…
Respondents Claim Petitioner in Violation of Public Health Laws
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…
Claimant moves to serve a late notice of claim – Clark v. Roswell Park Cancer Inst. Corp., 2010 N.Y. Slip Op. 20551 (N.Y. Ct. Cl., 2010)
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…
Statute of limitations for serving notice of claim not tolled under the continuous treatment doctrine- Grellet v. City of New York, 504 N.Y.S.2d 671, (N.Y. App. Div., 1986)
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…
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…
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…
Court Discusses Neglect of Children
This is a case of alleged neglect of two children; Kamiyah C. and Janiyah T. both are under the age of eighteen. The respondents of the case and the two people accused of neglecting the children are Amanda T. and Lateek C. The case is being heard in the Family…
Woman Sues for Slip and Fall in Building Lobby
A young lady worked in a building along Third Avenue in New York City. One rainy day, she came to the office soaking wet. Her sneakers, raincoat and her umbrella were all soaked. When she got to the lobby of her building, she noticed that the building manger had already…