News & Events
Late Notice of Claim in Medical Malpractice Action Permitted
In medical malpractice actions against public hospitals and municipal entities in New York, compliance with the notice of claim requirements under General Municipal Law §50-e is […]
Compliance with General Municipal Law §50-h is a Condition Precedent, but Dismissal With Prejudice is Not Permissible
In New York, individuals seeking to bring personal injury claims against municipalities must comply with certain procedural requirements before filing a lawsuit. One key requirement is […]
Failure to Comply with Conditional Discovery Orders Can Lead to Preclusion of Evidence
In personal injury litigation, timely compliance with discovery requests is critical. Under New York’s C.P.L.R. §3126, a court may issue a conditional order of preclusion, requiring […]
Prolonged FOIL Delay Results in Award of Attorney’s Fees
Under New York’s Freedom of Information Law (FOIL), government agencies are required to provide public access to records, with the aim of promoting transparency and accountability. […]
Non-Military Affidavit Missing? Default Judgment Still Stands
Default judgments are a common tool in New York when a defendant fails to appear or answer a lawsuit. But plaintiffs must follow certain rules—like submitting […]
Court Affirms FOIL Denial Where Records Could Not Be Located After Diligent Search
Freedom of Information Law (FOIL) provides New Yorkers with a vital tool to access government records, promoting transparency and accountability. However, FOIL requests are not limitless, […]
Survivors of 9/11 Volunteers Cannot Rely on Extended Filing Deadlines for Death Benefits under Workers’ Compensation Law
In the years following the September 11, 2001 terrorist attacks, New York enacted Article 8–A of the Workers’ Compensation Law to provide both employees and volunteers […]
Negligence Without Proximate Cause: When a Jury’s Verdict Must Stand
New York courts continue to emphasize the deference owed to jury verdicts, particularly where credibility issues and competing inferences can be drawn from the evidence. A […]
Comparative Fault and Failure to Yield the Right-of-Way
New York courts have consistently held that issues of comparative fault are often for the trier of fact, particularly where the record contains conflicting testimony. The […]
Programs for Developmentally Disabled Adults May Face Liability for Inadequate Supervision
In Sclafani v. Young Adult Institute, Inc., 240 A.D.3d 816 (App. Div. 2d Dept’ 2025) the Court clarified the duties of programs serving developmentally disabled adults […]
Vehicle Rental Companies Can Be Held Liable for Negligent Maintenance Despite Graves Amendment Protections
In cases involving personal injuries caused by rented vehicles, vehicle rental or leasing companies have traditionally relied on the Graves Amendment (49 U.S.C. §30106) to shield […]
Equitable Estoppel Preserves Plaintiff’s Medical Malpractice Claim Despite Statute of Limitations
In medical malpractice cases, a plaintiff generally must commence an action within two years and six months of the alleged negligent act, omission, or failure (C.P.L.R. […]
Waiver of Civil Actions After Filing a September 11th Victim Compensation Fund Claim
In the years following the September 11, 2001 terrorist attacks, Congress enacted the Air Transportation Safety and System Stabilization Act (49 U.S.C. § 40101, Pub.L. 107–42), […]
Emotional Damages and Childbirth Injuries: The Court Reaffirms Limits on Recovery
For decades, New York law has strictly limited when plaintiffs may recover for emotional damages in medical malpractice cases. While the courts have recognized certain exceptions […]
Testimony of a Nurse Practitioner Deemed Acceptable in Place of a Physician in Mental Hygiene Proceeding
The Appellate Division, Second Department, issued an interesting decision recently that is worth noting, albeit in a field of law other than personal injury. In Matter […]
Recent Changes to Personal Injury Law and the Rights of Recovery for Injuries Caused by Domestic Animals
Since the early 1800s, in cases where someone is bitten by a domestic animal, an owner who had actual or constructive knowledge of the animal’s “vicious […]
Are Wrongful Death Actions Subject to Arbitration Clauses?
In a recent Second Department decision, Marinos v. Brahaj, 2025 NY Slip Op 03561, plaintiff-decedent was killed while operating a moped rented from Revel. The moped […]
Late Notice of Claim in Medical Malpractice Action Permitted
In medical malpractice actions against public hospitals and municipal entities in New York, compliance with the notice of claim requirements under General Municipal Law §50-e is […]
Compliance with General Municipal Law §50-h is a Condition Precedent, but Dismissal With Prejudice is Not Permissible
In New York, individuals seeking to bring personal injury claims against municipalities must comply with certain procedural requirements before filing a lawsuit. One key requirement is […]
Failure to Comply with Conditional Discovery Orders Can Lead to Preclusion of Evidence
In personal injury litigation, timely compliance with discovery requests is critical. Under New York’s C.P.L.R. §3126, a court may issue a conditional order of preclusion, requiring […]
Prolonged FOIL Delay Results in Award of Attorney’s Fees
Under New York’s Freedom of Information Law (FOIL), government agencies are required to provide public access to records, with the aim of promoting transparency and accountability. […]
Non-Military Affidavit Missing? Default Judgment Still Stands
Default judgments are a common tool in New York when a defendant fails to appear or answer a lawsuit. But plaintiffs must follow certain rules—like submitting […]
Court Affirms FOIL Denial Where Records Could Not Be Located After Diligent Search
Freedom of Information Law (FOIL) provides New Yorkers with a vital tool to access government records, promoting transparency and accountability. However, FOIL requests are not limitless, […]
Survivors of 9/11 Volunteers Cannot Rely on Extended Filing Deadlines for Death Benefits under Workers’ Compensation Law
In the years following the September 11, 2001 terrorist attacks, New York enacted Article 8–A of the Workers’ Compensation Law to provide both employees and volunteers […]
Negligence Without Proximate Cause: When a Jury’s Verdict Must Stand
New York courts continue to emphasize the deference owed to jury verdicts, particularly where credibility issues and competing inferences can be drawn from the evidence. A […]
Comparative Fault and Failure to Yield the Right-of-Way
New York courts have consistently held that issues of comparative fault are often for the trier of fact, particularly where the record contains conflicting testimony. The […]
Programs for Developmentally Disabled Adults May Face Liability for Inadequate Supervision
In Sclafani v. Young Adult Institute, Inc., 240 A.D.3d 816 (App. Div. 2d Dept’ 2025) the Court clarified the duties of programs serving developmentally disabled adults […]
Vehicle Rental Companies Can Be Held Liable for Negligent Maintenance Despite Graves Amendment Protections
In cases involving personal injuries caused by rented vehicles, vehicle rental or leasing companies have traditionally relied on the Graves Amendment (49 U.S.C. §30106) to shield […]
Equitable Estoppel Preserves Plaintiff’s Medical Malpractice Claim Despite Statute of Limitations
In medical malpractice cases, a plaintiff generally must commence an action within two years and six months of the alleged negligent act, omission, or failure (C.P.L.R. […]
Waiver of Civil Actions After Filing a September 11th Victim Compensation Fund Claim
In the years following the September 11, 2001 terrorist attacks, Congress enacted the Air Transportation Safety and System Stabilization Act (49 U.S.C. § 40101, Pub.L. 107–42), […]
Emotional Damages and Childbirth Injuries: The Court Reaffirms Limits on Recovery
For decades, New York law has strictly limited when plaintiffs may recover for emotional damages in medical malpractice cases. While the courts have recognized certain exceptions […]
Testimony of a Nurse Practitioner Deemed Acceptable in Place of a Physician in Mental Hygiene Proceeding
The Appellate Division, Second Department, issued an interesting decision recently that is worth noting, albeit in a field of law other than personal injury. In Matter […]
Recent Changes to Personal Injury Law and the Rights of Recovery for Injuries Caused by Domestic Animals
Since the early 1800s, in cases where someone is bitten by a domestic animal, an owner who had actual or constructive knowledge of the animal’s “vicious […]
Are Wrongful Death Actions Subject to Arbitration Clauses?
In a recent Second Department decision, Marinos v. Brahaj, 2025 NY Slip Op 03561, plaintiff-decedent was killed while operating a moped rented from Revel. The moped […]