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Archive for April 19, 2012

The Law Of Summary Judgment

The Law Of Summary Judgment

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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Personal Injury and Assumption of Risk

Personal Injury and Assumption of Risk

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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New York No-fault Application for Benefits

New York No-fault Application for Benefits

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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Prostate photovaporization procedure – Bladder perforation

Prostate photovaporization procedure – Bladder perforation

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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