In cases involving claims against public entities in New York, adhering to procedural requirements is critical. The case involving petitioners who sought to file late notices of claim against Suffolk County highlights these requirements. The petitioners alleged contamination of their drinking water due to chemicals originating from firefighting foam used…
In personal injury cases involving public corporations, filing a timely notice of claim is a mandatory step for initiating a lawsuit. When this timeline is missed, petitioners may seek permission from the court to file a late notice of claim. The case of Marando v. City of N.Y., 66 Misc.…
New York’s Public Health Law § 2801-d allows patients of residential health care facilities, like nursing homes, to pursue legal action if they are deprived of rights or benefits outlined in contracts or state regulations. The law provides a means for patients to seek compensation when facilities fail to meet…
Turner v. N. Manhattan Nursing Home, Inc., 2018 N.Y. Slip Op. 30406 (N.Y. Sup. Ct. 2018) involves the unfortunate circumstances surrounding the injury and subsequent death of Sarah Louise Drayton, a long-term resident of a New York nursing home. The legal action arose from alleged negligence by the nursing home…
The Eighth Amendment to the United States Constitution holds a critical role in safeguarding the rights of inmates, ensuring they are protected from cruel and unusual punishment. Despite the misperception that prisoners may not possess rights, they do indeed retain fundamental human rights, including the right to be free from…
The Eighth Amendment to the United States Constitution safeguards individuals from cruel and unusual punishment. This vital clause aims to prevent excessive, barbaric, or degrading treatment in criminal justice systems. It establishes a fundamental principle of justice, emphasizing that punishments should be proportionate to the offense and should not involve…
In the context of the 8th Amendment and incarcerated individuals, deliberate indifference is a legal concept that refers to a conscious and reckless disregard for an inmate’s safety or well-being. It involves a clear awareness of a substantial risk to an inmate’s rights, health, or safety, and a failure to…
This case involves a multi-vehicle collision on Second Avenue, between 78th and 79th Streets, where plaintiffs sought summary judgment against the Metropolitan Transportation Authority (MTA) and its bus driver, defendant Victor Moses. The collision included nonparty DiPaoli, plaintiff Passos, and an MTA bus. Plaintiffs claimed that Moses failed to maintain…
A chain reaction car accident involves a series of collisions between multiple vehicles, typically initiated by an initial impact. In such incidents, the force of the first collision sets off a sequence of subsequent crashes as vehicles in close proximity react to the unfolding chaos. Determining liability in chain reaction…
Product liability cases are complex and require a thorough understanding of the law and the facts surrounding the case. In a premises liability case against a retailer store, the plaintiff must show that the store had a duty to maintain a safe environment for its customers and that it breached…