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Appellate Division considered whether a social host who serves alcohol to an intoxicated person can be held liable for injuries caused by that person to a third party. Vincent v. John Doe #1, 640 N.Y.S.2d 864 (2d Dep’t 1996)

In the case of Vincent v. John Doe #1, the New York Supreme Court, Appellate Division, Second Department, considered the issue of whether a social host who serves alcohol to an intoxicated person can be held liable for injuries caused by that person to a third party. The case has…

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The Appellate Division considered whether a hospital can be held liable for injuries sustained by a patient who leaves the hospital against medical advice. Estate of Zani v. New York City Health & Hosps. Corp., 103 A.D.3d 590 (1st Dep’t 2013)

In Estate of Zani v. New York City Health & Hosps. Corp., the New York Appellate Division addressed the issue of whether a hospital can be held liable for injuries sustained by a patient who leaves the hospital against medical advice. The case is significant because it clarifies the extent…

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Court of Appeals considered whether plaintiff’s wrongful death claim was properly dismissed.  Adames v. Sheepshead Bay Rd. R.R. Co., 303 N.Y. 208 (1951)

In Adames v. Sheepshead Bay Rd. R.R. Co., the New York Court of Appeals addressed the issue of whether a common carrier can be held liable for injuries sustained by a passenger when the passenger voluntarily disembarks from the carrier’s vehicle before reaching their destination. The case is significant because…

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Injured worker can sue third party for damages even if workers’ compensation benefits have been paid. Brescia v. G.F. Hämmerle, Inc., 7 N.Y.2d 544 (1960)

Brescia v. G.F. Hämmerle, Inc. highlights the rights of injured individuals to pursue damages beyond the scope of workers’ compensation benefits. New York workers’ compensation is a system designed to provide benefits to employees who are injured or become ill on the job. Under New York law, most employers are…

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Court Discusses the Importance of Informed Consent and Apparent Authority. Johnson v. New York Methodist Hospital, 69 N.E.3d 1045 (N.Y. 2016)

Informed consent and apparent authority are two important legal concepts that are relevant in the healthcare industry. Informed consent refers to the right of patients to receive adequate information about their medical treatment options and to make informed decisions about their care. Apparent authority, on the other hand, refers to…

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Comparative negligence in a Pedestrian Car Accident Case. Kozlowski v. Ringler, 189 A.D.2d 1025 (4th Dep’t 1993)

Pedestrian accidents are a significant public health concern that can cause devastating injuries, permanent disabilities, and fatalities. According to the National Highway Traffic Safety Administration (NHTSA), pedestrian deaths accounted for 17% of all traffic fatalities in the United States in 2019. Despite the increasing awareness and efforts to reduce pedestrian…

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Court found that the City of New York was liable in an accident involving a police car. Turley v. City of New York, 45 A.D.3d 547 (2nd Dept. 2007)

Turley v. City of New York involved a high-speed police chase that resulted in a serious accident, and it has become an important precedent in cases involving police use of force and municipal liability. Background On April 22, 1999, Gary Turley was driving his car in Queens when he was…

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Court determined that in an accident involving a car and a motorcycle, the driver of the car was liable. Anderson v. Aloe, 99 A.D.3d 53 (N.Y. App. Div. 2012)

Anderson v. Aloe highlights the legal responsibilities of motorists when sharing the road with motorcycles. In this case, the plaintiff, Mr. Anderson, suffered severe injuries when a vehicle driven by the defendant, Ms. Aloe, made an abrupt left turn in front of his motorcycle, causing a collision. The case presents…

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Liability in an accident that involved a motorcycle and a pothole.  Karamian v. City of New York, 16 A.D.3d 255 (N.Y. App. Div. 2005)

Potholes are a common cause of motorcycle accidents in New York, with riders being particularly vulnerable to their hazards. The deep, irregular gaps in the road can cause a loss of control or balance, leading to collisions, falls, and serious injuries. When a motorcyclist is injured in an accident that…

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Court found that the City of New York was liable for a bike accident due to poor signage. Fox v. City of New York, 157 A.D.2d 260 (1st Dep’t 1990)

Bicycling is becoming an increasingly popular mode of transportation in New York City, but it can be dangerous. One of the hazards that cyclists face is poor signage. Poor signage can cause bicycle accidents in a number of way.  Poor signage can cause misdirection. If there are no signs indicating…

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