Personal Injury

In a recently-filed lawsuit, captioned J.C. v. Robert Allen Zimmerman a/k/a Bob Dylan (Sup. Ct. N.Y. Cty. Index No. 951450/2021), the plaintiff – proceeding pseudonymously – asserts (under the Child Victims Act and pursuant to CPLR 214-g and 22 NYCRR § 202.72) that the defendant sexually abused her over a six-week period between April and…

Read More Child Victims Act Sex Abuse Lawsuit Against Bob Dylan
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In Alberto Coronado v. Veolia North America Inc. & Subsidiaries et al, NY Sup. Ct. NY Cty. 450319/2019 (April 6, 2021), a motor vehicle accident case, the court held that the defendant was not entitled to obtain discovery of so-called “litigation funding” material from the plaintiff. Despite the liberal construction courts give to the CPLR’s…

Read More Litigation Funding Discovery Denied
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New York Governor Cuomo recently signed legislation, S.7196/A.6762-B, which arms the public with a new remedy for gun-related harm. (Additional legislation, S.5000-B/A.6198-B) prohibits the sale of firearms to anyone with an outstanding warrant for a felony or serious offense.) Specifically, the law amends New York’s General Business Law by adding a new Article 39-DDDD (comprising…

Read More New York Governor Cuomo Signs Legislation Holding Gun Manufacturers Accountable
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In Louise v Hampton Jitney, Inc., 2021 NY Slip Op 02251 (App. Div. 1st Dept. April 13, 2021) – a personal injury case – the court affirmed the preclusion of defendant’s expert from testifying at trial or the use of his expert report. From the decision: Preclusion of expert evidence on the ground of failure…

Read More Court Precludes Expert Testimony and Report, Based on Demanded But Undisclosed Evidence
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In Cabrera v Thomas, No. 13472, 2020-04779, 29663/18E, 2021 N.Y. Slip Op. 02060, 2021 WL 1216540 (N.Y.A.D. 1 Dept., Apr. 01, 2021) – a case arising from a multiple-vehicle “chain reaction” car accident – the court affirmed the summary judgment dismissal in favor of the middle vehicle. From the decision: Plaintiffs sustained injuries as a…

Read More Stopped Middle Driver in Chain-Reaction Car Accident Held Not Liable
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In Rodriguez v. Beal, 2021 NY Slip Op 01220 (App. Div. 1st Dept. Feb. 25, 2021), the court unanimously affirmed the lower court’s order granting plaintiff’s motion for summary judgment as to liability. In personal injury cases, particularly car accident cases, it is relatively rare for a plaintiff (the party claiming that they were the victim…

Read More Rear-End Car Accident Plaintiff Entitled to Summary Judgment; “Sun Glare” Was Insufficient Explanation for Accident
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In Hewitt v. Palmer Veterinary Clinic, PC, No. 28, 2020 N.Y. Slip Op. 05975, 2020 WL 6163313 (N.Y., Oct. 22, 2020), the New York Court of Appeals held that the so-called “vicious propensity notice” rule – generally applicable to situations where an injury results from a domestic animal – was inapplicable here, where the alleged attack…

Read More “Vicious Propensity” Rule Inapplicable to Claim Arising From Dog Attack in Veterinary Clinic Waiting Room
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In Yassin v. Blackman, No. 2019-04138, 2020 N.Y. Slip Op. 05090, 2020 WL 5648349 (N.Y.A.D. 2 Dept., Sep. 23, 2020) – a personal injury motor vehicle accident case – the Appellate Division, Second Department clarified its “case law regarding the admissibility of a party’s statement recorded in an uncertified police report” and held “that, absent…

Read More 2nd Dept. Discusses Admissibility of Uncertified Police Reports in Personal Injury Case
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In a recent case, Stephanie L. v. House of the Good Shepherd, 2020 N.Y. Slip Op. 04643, 2020 WL 4876487 (N.Y.A.D. 4 Dept., Aug. 20, 2020), the court discusses and applies the foundational principle of “duty” in a negligence case. The facts here are relatively straightforward; in sum, plaintiffs adopted a child through defendant (a…

Read More Court: Foster Agency Owed Duty to Disclose Foster Child’s History to Adoptive Parents
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In Generoso v Miller’s Ale House, No. 100655/16, 2019-03816, 2020 N.Y. Slip Op. 03897, 2020 WL 3980724 (N.Y.A.D. 2 Dept., July 15, 2020), the court denied defendant’s motion for summary judgment. The court summarized the well-known applicable legal standard: A defendant who moves for summary judgment in a slip-and-fall case has the initial burden of…

Read More Slip/Fall Personal Injury Case Survives Summary Judgment; Warning Sign Related Only to Duty to Warn
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