Category: News - page 13

October 26, 2016

First Department – Plaintiff Entitled to Summary Judgment Pursuant to Labor Law 240(1) When He Fell Descending a 6-Foot A-Frame Ladder Where Debris Prevented Use of 8-Foot Ladder

First Department - Plaintiff Entitled to Summary Judgment Pursuant to Labor Law 240(1) When He Fell Descending a 6-Foot A-Frame Ladder Where Debris Prevented Use of 8-Foot Ladder

In the case, Saavedra v. 89 Park Avenue LLC, et. al., Index 154454/14, the Appellate Division, First Department reversed the lower court’s denial of plaintiff’s motion for summary judgment on liability pursuant to Labor Law 240(1) and granted plaintiff’s motion. This case involved a plaintiff electrician who was injured when he fell from an A-frame..

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October 25, 2016

Four People Killed in Horrific Amusement Park Accident in Australia

Four People Killed in Horrific Amusement Park Accident in Australia

Guests at an amusement park place their complete faith in the operators of the amusement park that their safety and well-being will be given the highest priority as it involves the maintenance and operation of their rides. At Dreamworld theme park in Queensland, Australia, four people were killed when a ride malfunctioned, according to a..

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October 24, 2016

NYPD Vehicle Stolen When Officer Leaves Keys in Ignition – the Implications of Vehicle and Traffic Law Section 388

NYPD Vehicle Stolen When Officer Leaves Keys in Ignition - the Implications of Vehicle and Traffic Law Section 388

Normally, when a vehicle is stolen, the owner is not liable for any injuries or damage caused by the stolen vehicle. However, when the owner can be shown to be negligent, the owner can be held liable for any injuries or damage caused by the driver of the stolen vehicle. This scenario played out in..

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October 20, 2016

Queller, Fisher, Washor, Fuchs & Kool Wins Appeal in Snow and Ice Case

Queller, Fisher, Washor, Fuchs & Kool Wins Appeal in Snow and Ice Case

The Appellate Division, First Department, in the case Lowenstern v. Sherman Square Realty Corp., determined that the Decision of the Supreme Court, which denied defendants’ motion to dismiss the complaint pursuant to CPLR 3211(a)(1) and (7), was properly rendered in this case. Our partners, Jonny Kool and Christopher L. Sallay, successfully argued that the complaint..

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October 19, 2016

NYPD Commissioner Admits Police Failed in Fatal Shooting of Emotionally Disturbed Bronx Woman

NYPD Commissioner Admits Police Failed in Fatal Shooting of Emotionally Disturbed Bronx Woman

An emotionally disturbed Bronx woman was shot and killed on Tuesday by a Sergeant in the New York City Police Department inside her Bronx apartment. According to a report by CBS New York, the woman was known to the police and known to be emotionally disturbed. Apparently, she attempted to grab a baseball bat and..

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October 18, 2016

$25 Million Awarded to Connecticut Woman Whose Leg Was Amputated Due to Medical Malpractice

$25 Million Awarded to Connecticut Woman Whose Leg Was Amputated Due to Medical Malpractice

A failure to timely diagnose a blood clot led to the amputation of a Connecticut woman’s leg. That was the finding of a jury in Trumbull, CT according to a report by CBS New York. At the time of the malpractice, the plaintiff was 18 years old. She apparently went to the hospital with complaints..

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October 17, 2016

Dozens of Children Injured in Crash on Palisades Parkway Involving Two School Buses

Dozens of Children Injured in Crash on Palisades Parkway Involving Two School Buses

Every parent fears hearing news that their son or daughter was injured while in the care of another. The reality is that our society relies upon school buses to transport our children back and forth to school. The further reality is that these school buses can be involved in accidents in which our children can..

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October 13, 2016

Drunk Driver Strikes Mastic Beach Fire Department Van on Long Island Injuring Multiple Firefighters

Drunk Driver Strikes Mastic Beach Fire Department Van on Long Island Injuring Multiple Firefighters

Two firefighters were injured in another crash involving a drunk driver. The drunk driver was previously convicted of driving while intoxicated. On Wednesday night, according to Newsday, the drunk driver struck a Mastic Fire Department van which had been stopped at a red light having just come from the Firematic Training Center on Yaphank Avenue…

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October 11, 2016

First Department Says You Still Need Gravity for a Labor Law 240(1) Case Where Worker Struck by Pipe Being “Flushed”

First Department Says You Still Need Gravity for a Labor Law 240(1) Case Where Worker Struck by Pipe Being "Flushed"

In the case Joseph v. City of New York, the Appellate Division, First Department reiterated that the application of the force of gravity is still necessary for a plaintiff to prevail on a Labor Law 240(1) case. In this case, the Appellate Division, First Department reversed the decision of the lower court and dismissed the..

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October 11, 2016

What Will It Take for People to Stop Drinking and Driving?

What Will It Take for People to Stop Drinking and Driving?

Another fatal accident was reported over the weekend involving a drunk driver striking and killing a 21-year old man who was walking back to his college following a Saturday night out. According to a report by CBS New York, the driver was found to be at twice the legal limit following the fatal incident. The..

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