New York City

Published on: June 21, 2012

Plaintiff Appeals Medical Malpractice Judgement in Slip and Fall Case

by Stephen Bilkis

This is a case of appeal being heard in the Second Department of the Supreme Court Appellate Division. The appellant in the case is Rita Prado. The respondents of the case are the Catholic Medical Center of Brooklyn and Queens, Inc. et al.

Case History

The plaintiff is appealing a verdict from a medical malpractice suit that was heard in the Queens County Supreme Court. The original verdict made by the Supreme Court was in favor of the defendants, granting a summary judgment in the case. A New York Injury Lawyer said the complaint made by the plaintiff was dismissed.

Published on: June 20, 2012

Court Discusses Neglect of Children

by Stephen Bilkis

This is a case of alleged neglect of two children; Kamiyah C. and Janiyah T. both are under the age of eighteen. The respondents of the case and the two people accused of neglecting the children are Amanda T. and Lateek C. The case is being heard in the Family Court of Kings County.

Case Background

A New York Injury Lawyer said the respondent mother, Amanda T. is the mother of both of the children in question. Lateek C., the respondent father, is Kamiyah’s father and is personally responsible for Janiyah. The two children were removed from the home of the respondents on the 30th of January, 2007.

Published on: June 19, 2012

Action Brought Over Fall from Scaffolding

by Stephen Bilkis

This case involves the plaintiff Siobhan Dennehy, who is the adminstratrix for the estate of Victor Pauta who is deceased versus the McGraw Hudson Construction Corporation and owner of 340 Madison. The McGraw Hudson Construction Corporation is also the plaintiff against the third party defendants All State Interior Demolition and High Rise Hoisting and Scaffolding. Additionally, a New York Injury Lawyer said the All State Interior Demolition Inc and High Rise Hoisting and Scaffolding are second third party plaintiffs against Site Safety LLC, the third party defendants.

Case History

The decedent of the plaintiff, Victor Pauta, worked construction and lived in Queens County. On the 21st of June, 2005, he fell from a scaffold while working at 340 Madison Avenue, located in midtown Manhattan. He suffered injuries to his back and neck from the fall and later died as a result.

Published on: June 18, 2012

Defendant Denied Insurance Benefits from Car Accident

by Stephen Bilkis

This case is being heard in the Supreme Court of the State of New York in New York County. The case involves the matter of an Application of MVAIC to vacate an Arbitration Award. MVAIC is the petitioner of the case. The respondents in the case are Geico Insurance Company, New York City East-West Acupuncture, and PC A/A/O Chun Hong Li. The Judge overseeing the case is Joan B. Lobis.

Case

The petitioner, MVAIC or Motor Vehicle Accident Indemnification Corporation, moves for an order to vacate an order that was awarded by the Lower Arbitrator and affirmed by the Master Arbitrator. The petitioner seeks an entry of judgment on their behalf that dismisses the case with prejudice. The respondents are currently in default as they have not submitted any opposition papers in this case.

Published on: June 17, 2012

Plaintiffs Medical Malpractice Action Claims Lack of Informed Consent

by Stephen Bilkis

Birth Injury 129

The plaintiffs of the case are Alexander Perez and Invannia Mieses- Perez. The defendants of the case are the University Hospital of Columbia and Cornell, Nicole Rodney, Jack Maidman M.D., Kimberly Mathis M.D., Sharmilee Bansal M.D., and Joshua Holden M.D. The case is being heard in the State of New York Supreme Court.

Case History

Published on: June 16, 2012

Infants Personal Injury Award Paid to Welfare Department

by Stephen Bilkis

The female complainant was a public charge from the time of her birth and maintained by the County Welfare Department infants’ homes and foster homes. She was married and was removed from the Welfare rolls.

A New York Injury Lawyer said in 1955 the complainant was involved in an automobile accident. By the order of the County Supreme Court, the infant’s settlement was allowed and bills were ordered paid to the County Welfare Department as reimbursement as a fifty percent compromise for sums paid by said Department to the hospital and the balance was ordered paid over to the Commissioner of Social Welfare as general guardian of the infant, jointly with the Guardianship Department of the Surrogate’s Court. The Welfare Department’s allegation that the money was expended on behalf of complainant from the date of her birth to shortly before her marriage appears to be unchallenged. By an order of a Judge, the sum of $4,012.95 then in the infant’s guardianship account was ordered to be paid to the Commissioner of Social Welfare as part reimbursement for the support, care and maintenance furnished by the County Department of Social Welfare. The pending proceeding is for an order setting aside the aforesaid order of the Surrogate’s Court and directing an accounting by the Commissioner of Social Services and payment of the funds to the complainants.

There appears to be no question but that the sums of money involved were in the guardianship account as a result of the infant’s settlement for personal injuries. The complainant’s theory is that funds of an infant from a personal injury settlement may not be applied for care and maintenance. Many cases in the State promulgate the theory.

Published on: June 15, 2012

Plaintiff Sues for Trip and Fall Due to Sidewalk Defect

by Stephen Bilkis

On 11 October 2006, plaintiff was caused to trip and fallupon a defect in the sidewalk in front of 14 Willow Place, Brooklyn, property owned by defendant.

Plaintiff, together with her husband, has filed a verified complaint against defendant and the City of New York on the ground of the aforesaid trip and fall.

The alleged defect is described as “a raised edge of a sidewalk concrete flag and the raised portion of the flag which was located in the pedestrian portion of the sidewalk located approximately 140 feet south of the south curb of Joralemon Street and approximately 2.5 to 3 feet west of the west curb of Willow Place and next to a large tree situated next to the said curb of Willow Place in front of premises 14 Willow Place, Brooklyn, New York, which sidewalk flag was protruding up approximately 3 inches from the rest of the walk on the date concerned.

Published on: June 14, 2012

Plantiff Slips and Falls Disembarking From a Bus

by Stephen Bilkis

At the time of the accident, it was snowing and plaintiff was a passenger on defendants’ bus which got stuck in snow and slush at a bus stop in the Bronx. Plaintiff and the other passengers disembarked at the bus stop onto the sidewalk to wait for another bus. After waiting approximately 20 minutes, another bus arrived and stopped alongside the stranded bus. A New York Injury Lawyer said when plaintiff walked into the street and in front of the stranded bus to get on the second bus, she slipped and fell on the snow in the road and fractured her right elbow.

Plaintiff initiated a personal injury action alleging negligence on the part of defendants for their failure to equip the stranded bus with snow tires or snow chains, and for failing to provide plaintiff with a safe place to board the second bus.

The jury found defendants liable for failing to equip the bus with proper snow tires or chains but did not find defendants negligent, for failing to provide a safe place to board the replacement bus. The jury awarded plaintiff $450,000 in damages.

Published on: June 13, 2012

Court Decides if Insurance Co. Liable in Hospital Mishap

by Stephen Bilkis

The wife of the complainant went to a Hospital where she had a normal delivery of a child and she remained for five days at which time she and the infant were discharged.

The facts further indicate that the child was born with a right congenital hernia. In the best interest of the infant’s health, the operation was postponed for three months. A New York Injury Lawyer said that at that time, herniotomy was performed at another Hospital and the child was discharged after three days.

The services of the hospital and doctors during the confinement of the woman and her child amounted to $474.90 and the expenses incurred for correcting the hernia amounted to $288.00.

Published on: June 12, 2012

Woman Sues for Slip and Fall in Building Lobby

by Stephen Bilkis

A young lady worked in a building along Third Avenue in New York City. One rainy day, she came to the office soaking wet. Her sneakers, raincoat and her umbrella were all soaked. When she got to the lobby of her building, she noticed that the building manger had already put out those yellow signs that warned people that the floor was wet. The building manager also put in square mats on the marble floor of the lobby to make a path for the occupants and visitors to the building to get to the counter of the lobby from the front doors and also from the front doors to the elevators.

A New York Injury Lawyer said the mats were placed on the floor with gaps in between them. The young lady walked on these mats to get to the elevators. As she was walking on the mats, her foot landed on bit of exposed marble floor in between the mats. She had a slip and fall. She stated that when she fell, her hand touched the floor and she did not feel anything wet.

She sued the owner of the building and the building manager for negligence. She alleged that they created a dangerous condition that caused her to slip and fall. She alleged that the mats placed by the building manager caused water to be trapped and to pool in the space between the mats right where the marble floor was very visible.