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New York Personal Injury Case Law

Please find, below, selected case laws decided by Supreme Court of New York or Court of Appeals of New York where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Geloso v. Monster - 12/13/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: October 18, 2001 Appeal from an order of the Supreme Court (Aulisi, J.), entered...

Ramos v. Ravan - 12/13/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. Orders, Supreme Court, Bronx County (Louis Benza, J.), entered on or about April 5, 2000, and order, same court (Alan Saks, J.),...

Martin v. Levest Electric Corp. - 12/13/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: November 19, 2001 Appeal from a decision of the Workers' Compensation Board, filed...

Passaro v. New York Hospital-Cornel Medical Center - 12/11/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered August 3, 2000, in a medical malpractice action, awarding...

Massier v. Crawford - 12/11/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. Order, Supreme Court, New York County (Stanley Sklar, J.), entered on or about September 5, 2000, which, in an action for medical...

Doros & Brescia - 12/11/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered July 17, 2000, which granted the motion of defendant Wagner,...

Whitney-Carrington v. New York Methodist Hospital - 12/10/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) Argued - November 15, 2001 DECISION & ORDER In an action to recover damages for medical malpractice, etc.,...

Polvino v. Island Group Administration - 12/10/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) Argued - April 16, 2001 DECISION & ORDER In an action to recover damages for wrongful death and conscious...

New York City Housing Authority v. Commercial Union Insurance Co. - 12/10/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) Argued - November 8, 2001 DECISION & ORDER In an action for a judgment declaring that the defendant is...

Hambric v. McHugh - 12/10/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) Argued - October 2, 2001 DECISION & ORDER In an action to recover damages for personal injuries, etc., the...

Fireman's Fund Insurance Co. v. Farrell - 12/10/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) Argued - October 4, 2001 DECISION & ORDER In an action, inter alia, to recover damages for legal...

Farmbrew Realty Corp. v. Tower Insurance Company of New York - 12/10/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) Argued - October 9, 2001 DECISION & ORDER In an action for a judgment declaring that the defendant has a...

Eagle v. Coventry Homeowners Association - 12/10/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) Submitted - November 19, 2001 DECISION & ORDER In two related actions to recover damages for wrongful...

DeAguiar v. County of Suffolk - 12/10/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) Argued - October 25, 2001 DECISION & ORDER In an action, inter alia, to recover damages for wrongful death...

Acierno v. Hotsy Corp. - 12/10/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) Argued - November 20, 2001 DECISION & ORDER In an action, inter alia, to recover damages for personal...

Mullally v. State - 12/10/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) Submitted - September 28, 2001 DECISION & ORDER In a claim to recover damages for medical malpractice, the...

Candia v. Estepan - 12/6/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. Order, Supreme Court, Bronx County (Howard Silver, J.), entered March 15, 2001, which, insofar as appealed from, denied defendant...

Rivkin v. GmbH - 12/6/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. Order, Supreme Court, New York County (Helen Freedman, J.), entered May 1, 2001, which, insofar as appealed from, denied that branch...

Lockhart v. Adirondack Transit Lines Inc. - 12/6/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: October 11, 2001 Appeals (1) from an order of the Supreme Court (Demarest, J.),...

Cline v. State - 12/6/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: October 11, 2001 Appeal from a judgment of the Court of Claims (McNamara, J.),...

Mehlenbacher v. Swartout - 12/6/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: October 16, 2001 Appeal from an order of the Supreme Court (O'Shea, J.), entered...

Burke v. Law Offices of Landau - 12/4/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. Order, Supreme Court, New York County (Louis York, J.), entered April 18, 2000, which denied defendants' motion for summary judgment...

Powers v. Metropolitan Transportation Authority - 12/3/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) Argued - November 16, 2001 DECISION & ORDER In an action to recover damages for personal injuries and...

Migliaccio v. Good Samaritan Hospital - 12/3/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) Argued - November 15, 2001 DECISION & ORDER In an action to recover damages for medical malpractice, etc.,...

Dickson v. Queens Long Island Medical Group - 12/3/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) Argued - November 16, 2001 DECISION & ORDER In an action, inter alia, to recover damages for medical...

Charles v. Day - 12/3/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) Argued - November 13, 2001 DECISION & ORDER In an action to recover damages for medical malpractice, the...

Patterson v. City of New York - 12/3/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) Argued - November 9, 2001 DECISION & ORDER (*2) In an action to recover damages for personal injuries, the...

Mondello v. Franklin Hospital Medical Center - 12/3/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) Submitted - November 13, 2001 DECISION & ORDER In an action, inter alia, to recover damages for wrongful...

Departmental Disciplinary Committee For The First Judicial Department v. Lenoir (N.Y.App.Div. 11/29/2001) [1]      NEW YORK SUPREME COURT - 11/29/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) M-3726 Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial...

Adalian v. Stuyvesant Plaze Inc. - 11/29/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: October 9, 2001 Appeals (1) from an order of the Supreme Court (Canfield, J.),...

Travelers Property and Casualty Co. v. General Electric Capital Auto Lease - 9/28/2001
This opinion is uncorrected and will not be published in the Official Reports. Motor Vehicles--Imputing Driver's Negligence to Owner (*1) MEMORANDUM MOT. D (O) 2/13/01 (S) 5/31/01 MOTION NOS. 1...

Jablonski v. County of Erie - 9/28/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) (1066.1) (Erie Co.) Order unanimously affirmed without costs. Memorandum: This medical malpractice...

Gedon v. Bry-Lin Hospitals - 9/28/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) (1014) (Erie Co.) Order unanimously modified on the law and as modified affirmed without costs in accordance with...

Bergey v. Flynn - 9/28/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) (1142) (Erie Co.) Order unanimously reversed on the law without costs, motion granted and action against defendant...

EdBauer v. Board of Education of North Tonawanda City School District - 9/28/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) (1201) (Erie Co.) Judgment unanimously reversed on the law without costs and new trial granted on damages only. ...

Middleton v. Kenny - 9/28/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) (1118) (Onondaga Co.) Order unanimously affirmed with costs to plaintiff. Memorandum: Plaintiff...

Le v. Stea - 9/28/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) (1089.3) (Monroe Co.) Order unanimously modified on the law and as modified affirmed without costs in accordance...

Blanchard v. Whitlark - 9/28/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) (1064) (Erie Co.) Judgment unanimously affirmed without costs. Memorandum: Plaintiff, individually and...

Webster v. Nupuf - 9/28/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) (1063) (Oswego Co.) Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted...

In re Wertheimer (N.Y.App.Div. 09/27/2001) [1]      NEW YORK SUPREME COURT - 9/27/2001
This opinion is uncorrected and subject to revision before publication in the Official Reports. (*1) Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department....

In re Wertheimer (N.Y.App.Div. 09/27/2001) [1]      Supreme Court - 9/27/2001
M-1509 Joseph P. Sullivan, Presiding Justice, Ernst H. Rosenberger, Richard W. Wallach, David Friedman, George D. Marlow, Justices Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the...

Dumont v. Nestle Co. Inc. - 9/20/2001
Appeal from a decision of the Workers' Compensation Board, filed August 11, 1999, which discharged the Special Fund for Reopened Cases from liability pursuant to Workers' Compensation Law ยง 25-a. Claimant was awarded workers'...

Johnson v. Goldberger - 9/18/2001
Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered June 21, 2000, which denied defendants' motion for summary judgment dismissing the complaint, affirmed, without costs. Plaintiff's decedent Willie E. Johnson...

Lyons v. Medical Malpractice Insurance Association - 9/17/2001
In an action, inter alia, to recover damages for fraud, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Gowan, J.), entered July 31, 2000, which granted the motion of the defendant Medical Malpractice...

Claudino v. Mastellone - 9/17/2001
In a consolidated action to recover damages for medical malpractice and wrongful death, the plaintiff appeals (1), as limited by his brief, from so much of an order of the Supreme Court, Kings County (Levine, J.), dated July 7, 2000,...

Shelton v. Rivera - 9/13/2001
Order, Supreme Court, Bronx County (Michael DeMarco, J.), entered May 5, 2000, which denied defendant Shelton's motion for summary judgment dismissing the plaintiff's personal injury action, unanimously reversed, on the law, without...

Gilbert v. Luvin - 9/13/2001
Order, Supreme Court, New York County (Paula Omansky, J.), entered October 5, 2000, which granted plaintiff's motion, pursuant to CPLR 4404(a), to set aside the jury's verdict in favor of defendants-appellants, and directed that a...

Quinn v. Nyack Hospital - 9/10/2001
In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Rockland Court (Meehan, J.), entered April 27, 2000, as granted the...

Edelstein v. Pirrotti - 9/10/2001
In an action to recover damages for breach of contract, the defendants appeal from a judgment of the Supreme Court, Westchester County (Bellantoni, J.), entered March 14, 2000, which, upon a jury verdict, is in favor of the...

Engel v. Defeo - 9/7/2001
This opinion is uncorrected and subject to revision before publication in the Miscellaneous Reports. (*1) SHORT FORM ORDER MOTION Motion Sequence # 004 The following papers read on this motion: ...

Chun v. North American Mortgage Co. - 8/30/2001
If you ask the very model of a modern court administrator what stands high on the list of priorities, you will find at the top the speedy dispatch of matters pending on the calendar. This case on appeal fully satisfies that important...

Peterson v. City of New York - 8/30/2001
Order, Supreme Court, New York County (Michael Stallman, J.), entered April 10, 2000, which denied plaintiffs' motion to restore the case, deemed dismissed pursuant to CPLR 3404, to the calendar and to permit plaintiffs to file a...

Stankowski v. Kim - 8/30/2001
Order, Supreme Court, Bronx County (Joseph Giamboi, J.), entered January 31, 2001, which, inter alia, denied defendant Post & Taback's motion for summary judgment, to the extent appealed from, as limited by the briefs, reversed,...

Golden v. Cascione - 8/30/2001
Order, Supreme Court, New York County (Edward Lehner, J.), entered December 18, 2000, which, insofar as appealed from, denied defendants Kaplan, Oshman, Helfenstein & Matza ("the Oshman firm"), Matthew Oshman and Eileen T....

Cavlin v. New York Medical Group - 8/27/2001
In an action to recover damages for wrongful death resulting from medical malpractice, the defendants appeal from a judgment of the Supreme Court, Kings County (Levine, J.), dated April 28, 2000, which, upon a jury verdict on the...

Thomas v. Foster Apartments Group - 8/27/2001
In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Kings County (Dowd, J.), dated February 28, 2000, which granted the motion of the defendant Foster Apartments...

Grievance Committee for the Tenth Judicial District v. Berkowitz - 8/27/2001
DISCIPLINARY proceeding instituted by the Grievance Committee for the Tenth Judicial District. The respondent was admitted to the Bar on February 23, 1972, at a term of the Appellate Division of the Supreme Court in the Second Judicial...

Morabito v. Hudson Valley Plastic Surgeons - 8/27/2001
In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Pagones, J.), dated October 6, 2000, which granted the defendants' motion to preclude him from...

D'Meza v. City of New York - 8/27/2001
In an action to recover damages for wrongful death (Action No. 1), and a related action to recover damages for personal injuries (Action No. 2), the defendant City of New York appeals, as limited by its brief, from so much of an...

Spangler v. Benedictine Hospital - 8/23/2001
Order, Supreme Court, New York County (Lorraine Miller, J.), entered on or about November 29, 2000, which denied plaintiffs' motion for a protective order vacating plaintiff's prior counsel's consent to defendants' deposition of 14...

Sokoli v. Quality Carton - 8/23/2001
Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered September 21, 2000, which, in an action for wrongful death and personal injuries arising out of an automobile accident, denied defendant-appellant's motion to renew its...

Ell v. S.E.T. Landscape Design - 8/20/2001
In an action to recover damages for personal injuries, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Orange County (Owen, J.), dated January 31, 2000, as granted those branches of...

Allstate Insurance Co. v. Durand - 8/20/2001
In a purported proceeding, inter alia, for a judgment declaring that the petitioner has no duty to defend or indemnify the respondents George Durand and Annette Durand in connection with a personal injury action pending in the...

Brooklyn Hospital v. Medical Malpractice Insurance Association - 8/20/2001
In an action, inter alia, for a judgment declaring that the defendant Medical Malpractice Insurance Association is obligated to defend and indemnify the plaintiff, the Brooklyn Hospital - Caledonian Hospital, in an underlying medical...

Cohen v. Chubb Indemnity Insurance Co. - 8/16/2001
Order, Supreme Court, New York County (Walter Tolub, J.), entered September 27, 2000, which denied the motion of defendant Chubb Indemnity Insurance Company for summary judgment, granted plaintiffs' cross-motion for summary judgment...

Lynn v. Neary - 8/13/2001
In an action to recover unpaid legal fees, the defendants appeal, as limited by their brief, from so much of (1) an order of the Supreme Court, Nassau County (Bucaria, J.), dated May 24, 1999, as granted that branch of the...

Rodney v. North Shore University Hospital - 8/13/2001
In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Patterson, J.), dated September 11, 2000, which granted the motion of the defendants North...

DiCarlo v. City of New York - 8/13/2001
In an action to recover damages for wrongful death, etc., the defendants Roman Catholic Archdiocese of Brooklyn, St. Joseph Services for Children and Families, and Conzina Scales appeal, as limited by their brief, from so much of an...

Futterman v. West Shore Marina - 8/13/2001
In an action, inter alia, to recover damages for negligence and breach of contract, the defendant West Shore Marina, Inc., appeals from an order of the Supreme Court, Suffolk County (Henry, J.), entered September 30, 1999, which...

T.W. v. City of New York - 8/9/2001
Order, Supreme Court, Bronx County (Alan Saks, J.), entered January 21, 2000, granting the motion for summary judgment of defendant Police Athletic League, Inc. (PAL), dismissing plaintiffs' complaint, unanimously modified, on the law,...

Baisi v. Gonzalez - 8/6/2001
Submitted-June 6, 2001 6552B DECISION & ORDER In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court,...

Chianese v. Meier - 8/2/2001
Defendants appeal from a judgment of the Supreme Court, New York County (Emily Goodman, J.) entered February 2, 2000, which, upon a jury verdict and the grant of plaintiff's CPLR 4404(a) motion to set aside the 50% apportionment of...

Giberson v. Panter - 8/2/2001
Order, Supreme Court, New York County (Stanley Sklar, J.), entered December 8, 1999, which, in an action for medical malpractice brought by the parents of a child with genetic abnormalities to recover the expenses of the child's care...

Concepcion v. New York City Health and Hospitals Corporation - 8/2/2001
Defendant New York City Health and Hospitals Corporation appeals from a judgment of the Supreme Court, Bronx County (Alan Saks, J.), entered December 21, 1998, which, upon a jury verdict, found it liable and awarded plaintiff damages. ...

Roseboro v. New York City Transit Authority - 8/2/2001
THE JUSTICES RECOGNIZING THEIR INABILITY TO RECONCILE THEIR VIEWS WITH RESPECT TO THE APPLICABILITY OF CPLR Judgment, Supreme Court, New York County (Paula Omansky, J.), entered August 31, 1999, which awarded plaintiff-respondent...

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