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Articles Posted in Westchester County

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Woman Sues for Medical Malpractice Due to Recalled IUD, Defendants Motion to Dismiss is Denied by New York Appellate Court

A woman together with her husband sued her prior physician for alleged medical malpracticein insertion of an intrauterine device (IUD), a birth control device. The IUD was recalled at the medical level by the federal food and drug administration prior to the date of insertion. The couple also joined in…

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Can Medical Malpractice Action Be Filed for Stillborn Child?

Defendant-doctor and his professional corporation (defendant-one) rendered obstetric care to plaintiff-mother during her pregnancy with and birth of her baby. During the course of her pregnancy, she had four ultrasound examinations for which defendant-two rendered ultrasound reports. A New York Injury Lawyer said that based upon the reports and also…

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Court Decides Which Insurance Co. Liable in Million Dollar Judgment

The respondent in the case is Liberty Mutual Insurance Company. The appellants in the case are Aetna Casualty & Surety Company. Original Case A New York Injury Lawyer said the current action for a judgment to declare the four insurance companies stems from an accident that was subject to action…

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Plaintiff Brings Suit for Dog Attack, NY Appellate Court Grants Summary Judgement for the Defendant

A man was walking on the sidewalk next to a house fenced by chain-link. He saw that a dog was unleashed and freely roaming the property behind the chain-link fence. The man paused in front of the chain-link fence and rested his hand on the top of the chain-link fence.…

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New York Appellate Court Discusses Elements of Dog Bite Case

Everyone who owns a dog in the United States should be aware of the many legal issues associated with having your pet. Most of us who own dogs, consider them four legged family members. When an incident arises that could jeopardize their survival, we become frantic. However, people are human…

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Child Bitten By Dog at Place of Business, NY Appellate Court Rules for Defendant

Dog owners have many responsibilities. Sometimes, they do not make appropriate choices either because they are hurried, or just out of ignorance. One common bad choice that some dog owners make involves tying their dog up outside of a business while they go in. A dog that is tied up…

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Landlord Prevents Tenant from Entering Their Property, New York Appellate Court Modified Orginal Judgement

The plaintiff in this case is J. Leonard Spokek. The defendant is the Liberty Mutual Insurance Company. The Case A New York Injury Lawyer said that the plaintiff filed an action declaring that Liberty Mutual Insurance Company must defend and indemnify the plaintiffs from Cohen V. Spodek, Index Number 3456/87.…

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Injured Police Officer Contends Alleged Labor Law Violation Applies, New York Appellate Court Agrees

In this case, Patrick Balsamo is the respondent. The City of New York is the appellant and defendant. Original Ruling A New York Injury Lawyer said the city of New York originally filed a cross motion which asked for a summary dismissal of a case. This case was based upon…

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Plaintiff Seriously Injured in Hit and Run Accident, Action Filed Under Terms of Article 52 Insurance Law

The petitioner in this matter is Kenneth Daniel. The respondent is the Motor Vehicle Accident Indemnification Corporation. Request Kenneth Daniel requests that an action against MVAIC, the respondent, be allowed under the terms of article 52 of the Insurance Law. Hearing The petitioner qualifies as insured for coverage during the…

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New York Court Decides What Constitues Harrassment, Finds for the Defendant

A New York Injury Lawyer said the plaintiff in the case is the People of the State of New York. The defendant in the case is Nicolas Pierre Louis. Case History This case begins on or around February 22, 2010. A New York Injury Lawyer said the deposition from the…

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