Staten Island

Published on: July 27, 2012

Defendants Request Summary Judgement in NY Appellate Court for Lead Paint Case, Motion Denied

The plaintiff in the case is Rickie Scott, et al. The defendant in the case is the City of New York. The judge for this case is Martin M. Solomon.

The Case

The defendant in the case, Bertram Fields, is moving for an order to grant him a summary judgment that dismisses the complaint by the plaintiff. Through a separate motion in the case, the defendant Merco Properties, Inc., is moving for the same relief. The City of New York submits an affirmation that joins in the plaintiff’s opposition to the respective judgments of summary motions made by the defendants.

Published on: July 19, 2012

Both Sides Bring Summary Judgement Motion for Birth Injury, New York Appellate Court Denies

by Stephen Bilkis

On September 4, 1998, a pregnant woman was admitted to St Charles Hospital with complaints of severe, headaches swollen legs, fatigue and decreased fetal movement. She was promptly transferred to the University Medical Center at Stony Brook, in Stony Brook, New York. She was a lupus patient and had a history of preeclampsia with a prior pregnancy. The doctors at the University Medical Center at Stony Brook, were concerned because she was only at 24 weeks gestation. They administered some steroids in the hope that they could encourage better lung development in the infant in the event that the infant would have to be delivered prematurely.

In 1998, the administration of steroids to encourage lung development was a standard practice. A New York Injury Lawyer said the steroids were delivered in two doses normally. The first dose would be delivered and then the doctors would wait 12 hours before delivering the second dose. Following the second dose, another 12 hours would go by before they would deliver the infant. In the case of this particular woman, the infant was showing signs of fetal distress and lowered heart rate. The doctors made several attempts to determine the exact cause of the issues that the woman and child were suffering before taking any action. The doctor waited one hour in particular so that the father of the child could arrive at the hospital. At this point, the lives of both the mother and the severely premature infant were at risk. Nine hours after arriving at the University Medical Center at Stony Brook, the child was delivered by caesarian section. The infant showed relatively good Apgar scores at the time of delivery. However, within the first few years of birth, he suffered from obvious signs of fetal hypoxia and other issues related to the delay in his delivery.

The hospital maintained that the child was so severely premature, that any issues that he developed were tempered by the fact that they are obvious expectations of a premature infant. They state that the parents were advised that these were possible risks to early delivery at the time that the delivery was done. A Staten Island Personal Injury Lawyer said they also advise that any delays were necessary and within proper treatment guidelines based on the situation. They stated that the fact that the woman suffered from other medical conditions had at first blurred the fact that she was preeclampsic a second time. They contend that most of the delay was an attempt to give the infant as much of the benefit of the steroid as possible, to allow a neonatal specialist to be called in, and to ensure that a team of neonatal intensive care specialists were standing by to help the infant when he was born.

Published on: July 11, 2012

Defendant Awarded Partial Summary Judgement in Medical Malpractice Action

by Stephen Bilkis

This case is being heard in the Bronx County Supreme Court in the state of New York. The case involves the deceased infant, Kayla Kesse Madison Charles. The plaintiffs are the administrix of the estate of the deceased infant, Dionne Charles and Dionne Charles on her own. The defendants in the case are Doctor Chaisurat Suvannavejh, Doctor, Fergal D. Malone, Doctor Michael J. Orfino, Elizabeth Riley, R.N., Susan Zucchero, R.N., and the Lawrence Hospital Center.

Case Background

The plaintiff on behalf of herself and her deceased daughter is suing the defendants for medical malpractice that resulted in the wrongful death of her daughter. A New York Injury Lawyer said the defendants of the case, Suvannavejh, Zucchero, and the Lawrence Hospital Center all separately move for a summary judgment that dismissed the claims made by the mother in regard to emotional distress, and loss of comfort and affection. Additionally, the defendant Suvannavejh seeks for the claim made by the mother in regard to lost support, services, and protection be dismissed.

Published on: July 9, 2012

Respondents Claim Petitioner in Violation of Public Health Laws

by Stephen Bilkis

The petitioner for this case is Lena Bagels, Inc. The respondent of the case is The City of New York and the New York City Department of Consumer Affairs. The case is being heard in the New York Supreme Court. The judge overseeing the case is Philip G. Minardo.

Case

Lena Bagels operates a corporation and the main place where business occurs is located on Richmond Avenue in Staten Island, New York. The company is authorized by the state to transact business. Lena Bagels was incorporated in 2001. A New York Injury Lawyer said the petitioner, Lena Bagels has been found guilty of selling tobacco products to a minor. The petitioner states that the fine of $3500 is void and requests the renewal of their application for their tobacco license. The petitioner is seeking to annul the recommendation made by Judge Mitchell B. Nisonoff.

Published on: July 4, 2012

Claimant is Requesting Notice of Late Claim

by Stephen Bilkis

In this case the claimant is Timothy C. Clark and the defendant is the Roswell Park Cancer Institute Corporation. The claimant is represented by Micheal R. Drumm from Brown, Chiari, LLP. The defendant is being represented by Michael E. Hudson J. from the law office of Gibson, McAskill & Crosby LLP. The case is being heard in the Court of Claims of New York.

Case History

A New York Injury Lawyer said the Court has reviewed several documents pertaining to this case. These include the Notice of Motion that is dated the 20th of July, 2010 and filed the 23rd of July, 2010. The attorney’s affidavit from Michael R. Drumm, with a notice of claim and attached exhibits, the affidavit of Timothy C. Clark and the affidavit of Fred Berkowitz M.D., and the affidavit in opposition for the motion for leave to file a late notice of claim for Jennifer L. Noah.

Published on: July 3, 2012

NY Appellate Court Contends Notice of Claim Filed Too Late, Judgement for the Defendant

by Stephen Bilkis

This is a case for appeal being heard in the Second Department of the Supreme Court Appellate Division. The appellant for the case is Carman Grellet. The respondents for the case are the City of New York et al. The appellant is represented by Ellen M. Saunders. The respondents are represented by June A. Witterschein and Marvin Kwartler. The case is being heard before Lazer J.P., Bracken, Kooper JJ., and Niehoff.

Case

This is a medical malpracticeaction and the issue at hand before this court is whether or not the service of notice for the claim of the alleged malpractice suit was timely. The service of notice occurred ten years after the alleged malpractice took place.

Published on: June 30, 2012

Woman Loses Child in Car Accident, NY Appellate Court Denies Defendant’s Motion for Summary Judgement

by Stephen Bilkis

The plaintiff in the case is Tiffany McKendry. She is represented by William L. Nikas, Esq. from Hudson Falls. The defendant in the case is Eileen D. Thornberry. She is represented by Sean A. Tomko, Esq. from the law offices of Taylor & Associates in Albany, New York.

Case

This is a case involving a car accident. The defendant is moving for a summary judgment in the case and the plaintiff opposes this motion.

Published on: June 23, 2012

Woman Contends High Risk Pregnancy Wasnt Managed Properly

by Stephen Bilkis

The plaintiffs in this case are Angel Hunter, who is an infant and represented by his mother, Lisa Aveta, and Lisa Aveta for herself. The defendants in the case are Richmond University Medical Center, Michael Moretti, M.D. and Marino A. Poliseno, D.O. The case is being heard in the Richmond County Supreme Court.

Case Background

Angel, who is an infant in this case, is represented by her mother Aveta. During her deposition, Aveta said that there were diabetes, deafness, brain tumors, and Down’s syndrome, in her family history. A New York Personal Injury Lawyer said she personally has a history of asthma and seizure disorder. She has also had a gynecological surgery. Aveta has been pregnant 14 times and 9 of those times ended in a spontaneous abortion and one ended in neonatal death. Two of her children, including Angel, have seizure disorder. Aveta also has had deliveries that are premature.

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 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.