Petitioner Was Granted Leave to File a Late Notice of Claim Against Respondent in a Hit-and-Run Case In Jesica Leonard v. Motor Vehicle Accident Indemnification Corporation, (4th Dept. 2018), the petitioner, a hospital employee, was struck by the respondent while she was assisting a patient into a vehicle. The respondent then drove off and was…
Federal Regulations to Ease Access to Healthcare Records Raising Privacy Concerns Landmark medical information-sharing rules, proposed this year by the Department of Health and Human Services, are intended to make it easier for people to see their medical records, manage their illnesses, and understand their treatment choices. The rules would require health providers to send…
Plaintiff’s Premises Liability Action Dismissed Where the Alleged Dangerous Condition is Inherent and Incidental to the Nature of the Property In Preston v. Castle Pointe, LLC, et al. (4th Dept. June 7, 2019), the Executor of the decedent’s estate commenced an action seeking damages for wrongful death and conscious pain and suffering because of the…
Appellate Division Affirms Jury Verdict on the Issue of Liability In Douglas F. f/n/g of Alex F, an infant v. Williamsville Central School District, et al, (4th Dept., June 7, 2019), the plaintiff commenced a personal injury action for injuries sustained by his son after being struck in the head by an outward-swinging 90-pound wooden…
Fourth Department Makes Findings on Summary Judgment Motions in Case of Stolen Brain Matter In Dunn v County of Niagara, 2019 NY Slip Op 04530 (4th Dept. Jun. 7, 2019), on April 13, 2012, defendant Russell Jackman, then a coroner employed by defendant County of Niagara, responded to the fatal accident of plaintiffs’ son. Jackman…
Golfer’s Motion for Summary Judgment Denied In Krych v. Bredenberg (4th Dept., 2019), plaintiff commenced an action seeking to recover damages for injuries he sustained while he was playing a round of golf and was struck by a golf ball hit by defendant. In affirming the lower court’s decision to deny defendant’s summary judgment motion…
New York passes Its Own DREAM Act The New York State Assembly and Senate pass the Jose Peralta DREAM Act. Under the proposed legislation, state tuition assistance programs would be available to undocumented immigrants who have attended high school within the state for at least two years and either graduated from high school or obtained…
Plaintiff Denied Summary Judgment Relative to His “Serious Injury” In Savilo v. Denner, 2019 N.Y. App. Div. LEXIS 1920, the Fourth Department reversed an order granting the plaintiff’s motion for summary judgment on the issue of serious injury as defined by Insurance Law § 5102 (d). First, the court held that the “plaintiff failed to…
Fourth Department Affirms Denial of Claimant’s Application to Serve Late Notice of Claim In Powell v. Central New York Regional Transportation Authority, 92 N.Y.S.3d 791 (4th Dept. 2019), the plaintiff sought compensation for injuries she sustained while existing a bus owned and operated by Central New York Regional Transportation Authority. The three main factors a…
Municipality’s Cross-Motion for Summary Judgment Deemed Premature When the Motion was Based on Materials Likely in the Plaintiff’s Possession In Beck v. City of Niagara Falls, 2019 NY Ap. Div. Lexis 10002, a premise liability action, 17-year-old Daniel J. Beck alleged injuries sustained while working as an employee of the National Maintenance Contracting Corporation (NMCC),…