Request to search through plaintiff’s online photos denied in absence of factual predicate Forman v Henkin Can a defendant in a personal injury case get access to a plaintiff’s Facebook photos and private messages so that the defendant can search for evidence that might contradict the plaintiff’s allegations? No, says the Appellate Division ? at […]
Sangaray v West Riv. Assoc., LLC Overruling prior precedents, the Court of Appeals holds that New York City’s sidewalk liability law does not only impose tort liability on the owner abutting the sidewalk where a trip and fall occurs, but the owner of the property next door may also be liable if that owner’s negligence […]
Amato v National Specialty Ins. Co. In this declaratory judgment action, a plaintiff who was allegedly injured in an assault by an intoxicated restaurant patron sought an order declaring that the restaurant’s insurers had a duty to defend and indemnify the restaurant. Supreme Court ruled in favor of the insurers, and the Appellate Division affirmed, […]
Burniston v Ranric Enters. Corp. The “Storm In Progress” rule holds that a property owner may not be liable for a slip and fall accident when rain, snow or ice is falling at the time of the accident, or that not enough time elapsed between the end of the storm and the accident in order […]
Courtroom Drama as Judge Calls IME Doctor a “Liar,” Sanctions Attorneys, Threatens Criminal Prosecution Appellate Court Clears Doctor Bermejo v New York City Health & Hosps. Corp. 2015 NY Slip Op 08374 Decided on November 18, 2015 Appellate Division, Second Department At a personal injury trial, it came out during the cross-examination of the IME […]
Appeal from an order of the Civil Court of the City of New York, Kings County (Johnny Lee Baynes, J.), entered August 12, 2010. The order denied defendant’s motion for summary judgment dismissing the complaint and granted plaintiff’s cross motion for summary judgment. ORDERED that the order is reversed, with $30 costs, defendant’s motion for […]
Surgicare Surgical Assoc. v National Interstate Ins. Co. Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx county (Anthony Cannataro, J.), entered November 17, 2014, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211. Order (Anthony Cannataro, J.), entered November 17, 2014, affirmed, with $10 […]
Country-Wide Ins. Co. v Blenman Plaintiff, Country-Wide Insurance Company, brings this action for a declaration that Plaintiff is not obligated to pay claims for no- fault benefits submitted to Plaintiff in connection with an alleged motor vehicle accident in which defendant, !genie F. Blenman, allegedly sustained personal injuries. The Accident took place on May 1, […]
Viviane Etienne Med. Care v Country-Wide Ins. Co. Note: The Court of Appeals here upholds the Viviane Etienne v Countrywide decision from the Appellate Division, which held in effect that a third-party billing company could establish a prima facie case despite the fact that the biller had no personal knowledge of the facts of the […]
Appeal from a judgment (denominated order and judgment) of the Supreme Court, Oneida County (Bernadette T. Clark, J.), dated October 3, 2013. The judgment granted the motion and cross motion of defendants Kemper Independence Insurance Company and Farm and Family Casualty Insurance Co., respectively, for summary judgment dismissing the complaint against those defendants. It is […]
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