Nassau

Published on: May 2, 2012

Plaintiff Claims Emotional Distress from Medical Malpractice Issue, NY Appellate Court Denies Motion to Amend Complaint

by Stephen Bilkis

On 16 December 1999, a woman gave birth to a baby boy at a hospital. The infant, a full-term baby, was born alive. A New York Injury Lawyer said that shortly after the delivery, a nurse allegedly negligently used a vacuum extractor on the infant, which deprived him of oxygen and caused his death.

On 14 January 2002, plaintiff, as administrator of the estate of the deceased infant, commenced the instant action claiming that defendants negligently caused the infant to asphyxiate and die. The mother was originally a party to the action and claimed pain and suffering due to defendants’ negligence.

On 19 December 2002, the court granted plaintiff leave to amend his complaint to include the herein plaintiff, as administrator of the infant’s estate. The mother also voluntarily discontinued her claims because she had no individual claims for pain and suffering.

Published on: April 30, 2012

New York Appellate Court Decides Liability in Dog Bite Case, Finds for Defendant

by Stephen Bilkis

In June 2005, plaintiffs and defendants were temporarily residing at a campground in Accord, Ulster County. A New York Injury Lawyer said the defendants had a mixed-breed dog. Defendants and plaintiffs had known one another for years, and plaintiff was well acquainted with the dog. Plaintiff testified that she had patted the dog, played with her, and kissed her on numerous prior occasions without incident, and had once even taken her to the veterinarian. On the day of plaintiff’s injury, she attended a party at defendants’ campground residence to celebrate one of the defendants’ birthday. During the party, the dog was tied by a chain on defendants’ front porch, where plaintiff patted her once or twice in the course of the evening. Plaintiff left defendants’ residence briefly. Upon her return, she reached out to pat the dog as she climbed the porch steps. The dog lunged and bit plaintiff in the face (dog bite).

Plaintiff and her husband, derivatively, commenced the instant action in May 2007.

Defendants moved for summary judgment dismissing the complaint, contending that they neither knew nor should have known of the dog’s vicious propensities.

Published on: April 26, 2012

New York Appellate Court Rules on Breach of Contract

by Stephen Bilkis

The plaintiffs in this case are Leonid Shapsis, Edward Malishkevich and Leonid Shekhets. The Defendants are Alexander Kogan, IBM Industries, 2417 Ocean Avenue and the Law offices of Alexander Sklavos PC and Alexander Sklavos, ESQ.

Case

The plaintiffs filed an action alleging that a joint venture agreement was breached. A cross move was filed by Alexander Kogan which, according to CPLR 3211, moves for dismissal of the action.

Published on: April 25, 2012

Child Dies After Medical Malpractice Mistakes, New York Appellate Court Modifies Judgement

by Stephen Bilkis

A mother alleges medical malpracticeas a result of the failure of the hospital in evaluating properly her condition as well as treating her when she presented at the hospital in approximately 32nd week of pregnancy with complaints of abdominal pain, she delivered a baby at home unattended by a medical personnel. The baby emerged in a footling breech position and was later determined to have died of asphyxia, a condition where the body is severely insufficient in supply of oxygen, because its head had been wedged at the birth canal. The mother claims that she suffered great emotional pain as a result of this event and its consequences. The complaint alleges that the baby was born alive, and names the baby’s estate and the baby’s father as co-complainant. The hospital brought a third-party action against the physician who allegedly treated the mother on her final visit to the said health care facility prior to the home birth.

A New York Injury Lawyer said that following the pretrial disclosure, the hospital and the physician moved to asked for decision without proceeding to dismiss the complaint on the ground that the baby had been stillborn. The complainant was prohibited from claiming damages. At the time the motion was made, the prevailing rule under the law was that a mother could not recover for emotional injuries when medical malpractice caused a stillbirth, absent a showing that she had suffered a distinct physical injury.

The mother in opposing the motion contented that her baby had briefly lived. The civil court denied the request to dismiss the complaint, concluding that the record presented did not establish that the baby was stillborn.

Published on: April 24, 2012

New York Appellate Court Determines Jurisdiction in Breach of Contract Case

by Stephen Bilkis

This breach of contract action is filed by a financial leasing company in New York against a financial leasing company from India and its president. The trust company, however, moved to dismiss the complaint for lack of personal jurisdiction.

A New York Injury Lawyer said before this action occurred, the financial leasing company in New York entered into discussions of a potential business relationship with the financial leasing company from India in connection with the use of New York financial leasing company’s technology for India financial leasing company’s online microfinance service. As part of the project, financial leasing company in New York sent its consultants to India to perform the study of the parties’ needs for the project. According to the financial leasing company in New York, the estimated cost of the project was approximately $25,000, 50% of which was to be paid in advance by the financial leasing company from India and the remaining 50% at the completion of the project. Additionally, the financial leasing company from India was to pay the expenses associated with the consultant’s travel and lodging.

The president confirmed in response to the financial leasing company in New York’s email of outlining the terms of the project.

Published on: April 14, 2012

Plaintiff Sues for Trip and Fall from Sidewalk Hazard, NY Appellate Court Awards Summary Judgement to Defendant

by Stephen Bilkis

The plaintiffs in the case are Elaine Klau and Marvin L. Klau. The defendant in the case is Belair Building, LLC. The third party plaintiff is Belair Building, LLC. The third party defendants are National Grid and LIPA.

Plaintiff Argument

In August of the year 2009, the plaintiff, Elaine Klau, was walking on the public sidewalk located in front of 325 Shore Road, in Long Beach, New York. As she headed towards the east, her foot struck a “blob” of concrete that was located directly on top of a metal gas valve cap. When her foot struck the sidewalk she lost her balance and fell to the ground. She allegedly sustained personal injuries from the trip and fall.

Published on: April 7, 2012

New York Court Denies Defendant’s Summary Judgment Motion in Eviction Case

by Stephen Bilkis

The plaintiffs in the case are La Cara Mia Bar Lounge Inc. The defendants in the case are Great Locations, Inc.

Plaintiff Argument

The plaintiff is seeking an order in the case to grant it preliminary injunction pursuant to CPLR 6301, staying that the prosecution of a non-payment summary proceeding that was first heard in the District Court of Nassau County and titled Great Locations versus La Cara Mia. The plaintiff also seeks to deny the defendant from initiating any other proceedings against them including evicting the plaintiff from the premises that are the subject of the instant action.

Published on: April 3, 2012

New York Appellate Court Decides Legal Fees in Personal Injury Case

by Stephen Bilkis

The plaintiff in the case is Giuseppe Calabro. The defendant in the case is the Board of Education of the City of New York.

Facts of the Case

The plaintiff, Giuseppe Calabro sustained a personal injury on the 25th of October, 1995. He sustained the injury while playing on the playground that is located at the Seth Low Public School. The plaintiff obtained the Talisman law firm on or around the 4th of December for the purpose of representing Calabro in the personal injury claim as a result of the accident. The Talisman law firm then issued a notice of claim to the Board of Education of the city of New York as well as to the City of New York on the 11th and 12th of December, 1995.

Published on: April 2, 2012

Plaintiff Sues for Injuries From Elevator Accident, New York Appellate Court Dimisses Appeal

by Stephen Bilkis

The appellants – respondents in the case is the Daily News. The counsel for the appellants – respondents is Susan E. Lysaght and Carol A. Moore from the law firm Jacobowitz, Garfinkel & Lesman. The respondents – appellants in the case is OCS Security. The counsel for the respondents – appellants is Mitchell A. Greene from the law firm Bower, Sanger, & Futterman, P.C. The case is being heard in the Supreme Court, Appellate Division, in the Second Judicial Department.

The Case

The appellant – respondents of the case, Daily News, is seeking a judgment that declares that American Modern Home Insurance Company is under obligation to indemnify and defend the plaintiff in a case labeled Morley versus Daily News. This particular case is awaiting action in the Supreme Court of Kings County. According to a New York Injury Lawyer, the plaintiffs are appealing an order from the Kings County Supreme Court in which their summary judgment that declared American Modern Home Insurance Company is obliged to defend them in the personal injury case and that OCS Security Inc, breached their contract by failing to purchase insurance that named Daily News, LP, as additional insured. The defendant is cross appealing from the same order issued by the Supreme Court of Kings County.

Published on: March 27, 2012

Defendant’s Motion to Dismiss is Denied by NY Appellate Court in Birth Injury Claim

by Stephen Bilkis

A mother and her infant filed a complaint of medical malpractice and lack of informed consent with a derivative cause of action for loss of services. The infant was born prematurely at the university hospital and remained hospitalized for two more months. In the complainants’ bill of particulars, it is asserted that the gynecologist, the attending pediatrician and the hospital rendered care and treatment during labor and delivery, and upon birth of the infant, treatment of the infant for prematurity, respiratory distress syndrome and sepsis. The mother allege that the accused parties failed to timely and properly diagnose and treat the infant for hydrocephalus and failed to timely provide propelling of the fluid from the infant’s brain causing loss of function of the brain tissue. The mother claim that as a result, the infant has suffered profound and global developmental deficiencies with no hope for meaningful improvement, has required multiple hospitalizations, has undergone stem cell implants in an attempt to replace the lost functioning of the white matter, and that she will require 24 hour care for the remainder of her life with constant medical supervision.

The gynecologist and the attending pediatrician allege there were no departures from the appropriate medical standards of care and that they did not proximately cause the injuries from which the infant suffers. According to a New York Injury Lawyer, the physician argues that in the period of time he cared for the infant, she exhibited no signs of problems, demonstrated no pleural effusion and did not need to be seen by a pediatric neurosurgeon. Thus, the accused parties seek to dismiss the complaint as asserted against each of them.

The attending pediatrician testified that a discharge physical exam written by the resident indicated that the baby had hydrocephalus, but his fontanels and sutures were flat, suggesting that the hydrocephalus etiology was from a condition where the brain and the cranium is growing and that the hydrocephalus is not getting worse. He stated the infant was being discharged home to her parents and was to follow up with neurosurgery in three weeks. A Nassau County Personal Injury Lawyer further testified that the retinopathy of prematurity was not a complication of oxygen therapy, but was from prematurity as it is not seen in term newborns, and that it is a condition that affects the retina independent of the hydrocephalus.