Articles Posted in Bronx

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There are two appeals or two cases before the court.

On 24 May 1975, a family were riding in their station wagon but had to stop at the side of the Southern State Parkway in Nassau County due to mechanical difficulties. The father and driver, alighted from the vehicle, went around to the rear, and leaned inside the open tailgate window. The wife remained seated in the front passenger seat, and their daughter was in the rear seat. At this point, the station wagon was struck in the rear by an automobile owned by defendant-one and driven by defendant-two. The father was seriously injured in the car accidentwhen he was pinned between the two vehicles. The mother and daughter were thrown about the station wagon by the force of the impact but suffered less serious physical injuries than the father. Although neither mother nor daughter actually saw the car strike their station wagon as they were facing forward or to the side, both were instantly aware of the impact and the fact that the father must have been injured and each thereafter immediately observed their seriously injured husband and father.

While on 3 June 1978, a father and a mother were riding with their two infant daughters in the family car along a roadway in the Mid-Westchester Mall in Cortlandt, New York. A New York Injury Lawyer the father was driving the vehicle, his wife, was in the front passenger seat with their one-year-old daughter in her lap, and their other four-year-old daughter was also seated in the car. Their car was struck by an automobile owned by another defendant-one and driven by another defendant-two, allegedly, in a reckless manner and at an excessive speed (car accident or auto accident). The mother suffered a fractured clavicle in the collision, the father sustained a broken finger, and the four-year-old daughter suffered abdominal injuries. Their one-year-old daughter died a few hours after the accident as a result of her various, severe injuries, alleged in the complaint to have been observed by plaintiffs.

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The plaintiff in this case was David Weber. The defendant was Joseph Kowalski.

Case Facts

A car accident occurred on July 15th, 1972. The plaintiff, his wife, and his two young children were traveling in Putnam County when a collision occurred between his vehicle and the one driven by Joseph Kowalski. In 1974, two law suits were initiated in the Dutchess County Supreme Court. The first, in January was filed by Weber and his wife. The second, a month later, was on behalf of their children. The court ordered the two cases consolidated. An application for general preference was made. This was subsequently denied, and the consolidated action was ordered to be transferred to the County Court after 90 days unless the application was renewed, which it was.

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The plaintiff in the case is Tower Insurance Company of New York. The defendants in the case are Jose Reyes and Camille Khan.

Case History

A New York Injury Lawyer said the case is a declaratory judgment action. The plaintiff, Tower Insurance Company of New York, is seeking a judgment to declare that it does not have a duty to indemnify or defend the defendant in a personal injury action that is titled Reyes versus Khan.

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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 plaintiff states that while employed as an Assistant District Attorney in the Nassau County District Attorney’s office, he began receiving voice mails from the defendant, Nicolas Pierre-Louis. The voice mails that were left on his phone were derogatory in nature and included statements such as “I’m coming at you with fury,” and “Bitch, you will lose your fucking job,” as well as many other profanities and offensive statements.

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Kings County Personal Injury 143

The plaintiffs in the case are Progressive Max Insurance Company, Progressive Preferred Insurance Company, and Progressive Specialty Insurance Company. There are several defendants in the case, claims one through eight individual defendants.

Case Results The plaintiffs have an entry of default against the defendants, from groups one through eight of the individual defendants in the case. The motion by the plaintiffs is pursuant of CPLR 3215(a). The plaintiff has proven jurisdiction by annexing copies of the affidavits of service from the summons and the complaints that have been made by the defendants. These affidavits prove the defendants default in the affirmation of counsel. The plaintiff issues a supporting affidavit to prove these claims.

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The plaintiff in the case is Alex Grunberger. The defendant in the case is S & Z Service Station Inc.

Case History

The defendant has filed a motion on August 10, 2009 for an order that grants a summary judgment in the case. A New York Injury Lawyer said the summary judgment requested is in favor of the defendant finding they owe no liability to the plaintiff, Alex Grunberger.

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The plaintiffs in the case are Roseann Caracciolo individually and Roseann Caracciolo as the proposed administrator of the assets of her late husband, Pasquale. The defendants in the case are Ralph Peluso, M.D., Mladen Solar, M.D., The Staten Island University Hospital, the Brooklyn Family Medical Associates, Joseph McGinn, M.D., and Donald McCord, M.D.

The Case

Through the motion that was filed on the 7th of February, 2007, the defendants Donald McCord and Mladen Solar jointly move to discharge the grievance made by the plaintiff based on the fact that the plaintiff lacks the means to sue. By a cross motion that was filed on the 15th of February, 2007, defendants Brooklyn Family Medical Associates, Ralph Peluso, and the Staten Island University Hospital for dismissal of the case based on the same reasons. Defendant Joseph McGinn moves for the same release for the same reasons. According to a New York Injury Lawyer, the plaintiff is against the motions as well as the cross motions of the defendants/movants.

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The plaintiffs in the case are Tray Wrap, Inc. The defendants in the case are Pacific Tomato Growers LTD and Florida Fruit and Vegetable Association.

Case History

In this case, the defendant Florida Fruit and Vegetable Association is seeking an order for a summary judgment over the plaintiff in the instant action suit. The defendant declares that a summary judgment is warranted for a number of different reasons.

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The respondents in the case are Sandra Greenberg and Myron Greenberg. The respondents are represented by Manuel J. Steinberg, Alfred Joffe, from New York City. The appellant in the case is William De Hart, who is an infant over the age of fourteen years and is represented by Raymond M. De Hart as the guardian ad lien. The appellant is being represented by Manley H. Thaler from Ithaca.

Court Memorandum

In a Kings County Supreme Court action for the recovery of medical expenses and personal injuries as well as loss of services, this is an appeal case from the order that denies a motion for the complaint to be dismissed on the basis of res judicata, from the Rules of Civil Practice, rule number 107, division 4.

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The infant plaintiffs, by their natural guardian, and the guardian individually, commenced an action against the defendants Corporation and private individual by the filing of summons and complaint in the office of the County Clerk of Westchester County on 11 October 1995. The complaint alleges, among other things, that the Corporation and the private individual were responsible for the operation and maintenance of certain apartments located in Westchester County, including the apartment in which the infant plaintiffs resided. The complaint alleges that the infant plaintiffs were each “caused to ingest, consume and/or be exposed to lead paint and/or dust which was upon and/or caused, allowed and permitted to chip, peel, fall and/or permeate the premises from the interior walls and portions of said apartment”; that as a result of the infants’ ingestion of these noxious substances, they were severely injured (head injury, deafness, paralysis and the like) and suffered “great physical pain”; that each of the infants “incurred and in the future would necessarily incur further hospital and/or medical expenses in an effort to be cured”; and that the natural guardian had, on account of the injuries to the two infants, “been required to expend various sums of money for extraordinary medical care, consultation, advice, therapy, education, management and treatment of the infants.”

A New York Injury Lawyer said that by virtue of a “notice of lien” dated 2 November 1998, the guardian, as well as the attorneys representing him and the infant plaintiffs, the defendants, and the defendants’ attorneys, were notified that the Commissioner of the Westchester County Department of Social Services (hereinafter the DSS) was asserting a lien in the sum of $132,204.73 to be satisfied out of the proceeds of the settlement noted above. The defendants assert that this was their first notice of any such lien.

The issue here is whether or not the representatives of an infant plaintiff, on whose behalf a settlement of a personal injury action has been reached, may completely defeat enforcement of the Medicaid lien by the simple expedient of declaring that the settlement related solely to the infant’s claim for pain and suffering?

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