Suffolk County

Published on: April 27, 2012

Child Bitten By Dog at Place of Business, NY Appellate Court Rules for Defendant

by Stephen Bilkis

Dog owners have many responsibilities. Sometimes, they do not make appropriate choices either because they are hurried, or just out of ignorance. One common bad choice that some dog owners make involves tying their dog up outside of a business while they go in. A dog that is tied up in a strange place if frightened. It does not have an area of safety in which to retreat. This is a bad situation waiting to happen. Further, when a dog owner leaves their dog unsupervised in a public area like the front of a business, they are trusting that everyone who passes the dog will make good judgments. I find that this is rarely the case.

There are certain rules to dealing with dogs. A New York Injury Lawyer said most Americans are taught not to approach a strange dog. When you approach someone’s dog, you ask if you can pet the dog. Then you extend the back of your hand for the dog to sniff. Never go face to face with a dog, the dog will consider this to be an aggressive move and could instigate an attack. I find that people rarely abide by these rules. When they don’t, it will always go worse for the dog than the person who did not use good sense.

In one such case, a dog owner tied his dog in the parking lot of a business and left the dog unattended. The business was an ice cream shop that was closed. The owner was inside preparing the business to open for the season, but had no knowledge of the dog’s owner, or why he chose that parking lot in which to tie his dog. A Suffolk County Personal Injury Lawyer said the mother and her three year old child went into the parking lot, and the child was bitten.

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 23, 2012

Landlord Prevents Tenant from Entering Their Property, New York Appellate Court Modified Orginal Judgement

by Stephen Bilkis

The plaintiff in this case is J. Leonard Spokek. The defendant is the Liberty Mutual Insurance Company.

The Case

A New York Injury Lawyer said that the plaintiff filed an action declaring that Liberty Mutual Insurance Company must defend and indemnify the plaintiffs from Cohen V. Spodek, Index Number 3456/87. The defendants from the initial case were Nevin Cohen and Kenneth Skrudna. Index Number 3456/87, was filed in the Civil Court of Kings County, and included Liberty Mutual (the defendant) appealing a judgment dated September 27th, 1988 from the Supreme Court of King’s County which granted that relief.

Published on: April 20, 2012

Child Protective Services Removed Child from Respondent’s Care

by Stephen Bilkis

A New York Injury Lawyer said on 30 January 2007, at approximately 11:30 PM, New York City Children’s Services (hereinafter “NYCCS”) removed the subject children (child-one and child-two) from the care of the respondents without a court order pursuant to Family Court Act.

On 1 February 2008, NYCCS filed abuse petitions against both parents, respondents.

The petitions allege that, on or about 30 January 2007, respondent father inflicted excessive corporal punishment on child-one causing marks, bruises and two black eyes (head injury). Further, the petitions allege that in November 2007, respondent father hit child-one with a belt in the face causing bruising. In addition, the petitions allege that respondent mother failed to provide adequate care and supervision for child-one by allowing respondent father to remain in the home with the children after November 2007 when she learned that he had beaten child-one. Finally, the petitions allege that child-two is a derivatively abused and neglected child by virtue of the abuse of child-one. (The respondent-father is the father of child-two but not child-one.)

Published on: April 18, 2012

Woman Files Medical Malpractice Suit for Birth Injury

by Stephen Bilkis

A woman was diagnosed to have Rh-negative blood. She conceived and gave birth to a baby in 1982 which had Rh-positive blood. A New York Injury Lawyer said to prevent the mother from having an immune reaction to Rh-positive blood in her baby’s body, she was given RhoGAM. This medicine’s sole purpose was to prevent the mother’s body from producing antigens that will attack the blood of any future babies she will conceive the way her body would fight off any harmful virus or bacteria.

When the woman conceived and gave birth to her second child in 1984, her baby also had Rh-positive blood. The woman repeatedly asked her second obstetrician to give her a shor of Rho-GAM so that she will not have a reaction to the Rh-positive blood of any child she conceives in the future. The second obstetrician refused and failed to give her a RhoGAM injection. He told her that she didn’t need it.

In 1987, the woman conceived her third child. When she gave birth to her third child, she had a blood disease and pulmonary problems. These health problems of her third child were directly the result of the second obstetrician’s failure to inject her with RhoGAM after she gave birth to her second child. When the second obstetrician refused and failed to inject her with RhoGAM, her body developed antibodies against Rh-positive blood. Her body produced antigens that attacked her third baby thinking that her third baby’s blood was a harmful pathogen.

Published on: April 16, 2012

Injured Police Officer Contends Alleged Labor Law Violation Applies, New York Appellate Court Agrees

by Stephen Bilkis

In this case, Patrick Balsamo is the respondent. The City of New York is the appellant and defendant.

Original Ruling

A New York Injury Lawyer said the city of New York originally filed a cross motion which asked for a summary dismissal of a case. This case was based upon a violation of Labor Law, and the action for damages sought was originally ruled upon in the Supreme Court of Kings County on March 28th, 2000.

Published on: April 8, 2012

New York Court Hears Malpractice Case, Finds for the Defendants

by Stephen Bilkis

The plaintiffs in the case are Louis V. Greco individually and as the Trustee for the Gamcrefk Trust. The defendants in the case are Ulmer & Berne L.L.P.

Case History

The defendants in the case, Ulmer & Berne, Jeffrey S. Dunlap, Esq., and Christopher P. Fisher, Esq., move for an order that dismisses the complaints by the plaintiffs both individually and as the trustee for the Gamcrefk Trust on the basis of lack of personal jurisdiction and dismissing the complaint made by the plaintiff based on the expiration of the statute of limitations.

Published on: April 5, 2012

Respondent’s Motion to Vacate Is Denied by New York Appellate Court

by Stephen Bilkis

The petitioner in this case is Government Employees Insurance Company. The respondents in the case are Rinella Binns-Harty, and Technology Insurance Company. Proposed additional respondents are Sandra Ramos.

Case History

The respondent, Binns-Harty has moved for an order that vacates the award given to the arbitrator on July 28, 2009. The petitioner, Government Employees Insurance Company and Sandra Ramos both oppose this motion.

Published on: April 4, 2012

Plaintiff Sues for Construction Accident Injuries, Summary Judgment Granted by Appellate Court

by Stephen Bilkis

The plaintiff in the case is Aragon, LLC. The defendants in the case are Scottsdale Insurance Company and Sterling Group, Inc.

Plaintiff Argument

In this case of insurance declaratory judgment action the plaintiff Aragon moves for a summary judgment. The plaintiff declares they are entitled to indemnification and defense from the defendant, Scottsdale Insurance Company as an additional insurance in a personal injury action titled “Bernard Ford versus 250 Park LLC, or the “Ford Action.” The plaintiff seeks reimbursement for attorney fees as well as expenses incurred.

Published on: March 31, 2012

Court Hears Premises Liabilty Case

by Stephen Bilkis

The plaintiff in the case is William Stout. In action number 1, the third party defendants are East 66th Street Corporation and the plaintiffs and respondents in the third party action is Tishman Construction Corporation. In the second action the defendant and respondent is Interstate Fire and Casualty Company and the appellants and defendants is the Zurich American Insurance Company.

The case is being heard in the New York State Supreme Court in the Appellate Division. The judges in the case are Mark C. Dillon, J.P., Ariel E. Belen, JJ, Ruth C. Balkin, and John M. Leventhal.

Case Facts