New York Summary Judgment Law In our system of civil justice, it is the jury’s province to decide issues of fact. But merely because a lawsuit is filed, does not necessarily mean that the case will reach the jury. Either party is entitled to move the court […]
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New York Assumption of Risk Law New York has long abolished “assumption of risk” as a complete bar to an action to recover damages for personal injury or wrongful death. The Court of Appeals held that the “[r]ight to apportionment of liability or to full indemnity, then, […]
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Requirement to obtain No-fault Benefits If you were injured in a car accident in New York, or were a pedestrian that was struck by a car you must file a No-Fault application within the appropriate time in order to receive benefits. Insurance Regulation 68 requires that “in […]
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Surgical Error The case of WILLIAM DeSANTIS and ANN DeSANTIS, Plaintiffs, v. GARY ZITO, M.D., METROPOLITAN LITHOTRIPTOR ASSOCIATES, P.C. and METROPOLITAN UROLOGICAL SPECIALIST, P.C., Defendants, Index No. 109753/09 (Supreme Court, New York County, April 24, 2011). In this case, the plaintiff suffered from an enlarged prostate. As […]
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