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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Yeboah v. Snapple - 8/2/2001
Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered July 19, 2000, which denied defendants-appellants' motion for summary judgment dismissing the complaint as against them, reversed, on the law, without costs, the motion...
Mathieu v. Scalea - 7/30/2001
In an action to recover damages for medical malpractice and wrongful death, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Patterson, J.), dated November 8, 1999, as...
Maliszewska v. Potamkin New York LP Mitsubishi Sterling - 3/29/2001
Order, Supreme Court, New York County (Richard Lowe, III, J.), entered February 29, 2000, which denied the motion of defendant Potamkin New York LP Mitsubishi Sterling (Potamkin) for summary judgment dismissing the complaint as...
Estate of Chabrier v. Coca-Cola - 3/29/2001
Order, Surrogate's Court, Bronx County (Lee Holzman, S.), entered March 3, 2000, which denied petitioner's application to vacate a prior decree appointing co-guardians of the subject infant's estate, unanimously affirmed, without...
Lippel v. City Of New York - 3/27/2001
Judgment, Supreme Court, New York County (Kibbie Payne, J.), entered February 15, 2000, upon a jury verdict in favor of defendant City of New York, unanimously reversed, on the law, without costs or disbursements, and the matter...
Vega v. LaPalorcia - 3/26/2001
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from (1) an order of the Supreme Court, Kings County (Garry, J.), dated January 13, 2000, which granted the defendant's motion to preclude them from...
Overeem v. Neuhoff - 3/26/2001
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, Kings County (Levine, J.), entered April 19, 2000, as granted those...
American Ref-Fuel Co. of Hempstead v. Resource Recycling - 3/26/2001
In an action, inter alia, to recover damages for breach of a contract to procure insurance, in which a third-party action was commenced for a judgment declaring that the third-party defendants are obligated to defend and indemnify...
Kenny v. Parkway Hospital - 3/26/2001
In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Queens County (Golia, J.), dated March 23, 2000, which granted the respective motions of the defendants, Parkway...
Golub v. Sutton - 3/26/2001
In an action to recover damages for medical malpractice, the defendants Albert Sutton, Jay G. Merker, and Long Island Medical and Gastroenterology Associates, P.C., appeal from so much of an order of the Supreme Court, Queens County...
C.U. Annuity Service Corp. v. Young - 3/22/2001
Order, Supreme Court, New York County (Herman Cahn, J.), entered June 23, 2000, which denied plaintiffs' motion for summary judgment declaring void defendant Young's sale of his right to receive periodic payments from plaintiffs...
Rose v. Furgerson - 3/22/2001
Appeal from an order of the Supreme Court (Dowd, J.), entered January 11, 2000 in Otsego County, which, inter alia, denied defendant's motion for summary judgment dismissing the complaint.
On September 25, 1997, plaintiff was...
Ceselka v. Kingsborough Community College - 3/22/2001
Appeal from a decision of the Workers' Compensation Board, filed April 4, 2000, which ruled that claimant did not sustain a causally related permanent disability.
Claimant suffered a lower back injury in September 1996 when, in...
Mayes v. UVI Holdings - 3/22/2001
Plaintiffs, lessees and occupants of an apartment owned by defendant UVI Holdings, Inc. and located at 406 West 56th Street, commenced this action to recover damages for their eviction on July 9, 1996, which was previously found to...
Feliciano-Delgado v. New York Hotel Trades Council - 3/22/2001
Order, Supreme Court, Bronx County (Janice Bowman, J.), entered December 22, 1999, which, insofar as appealed from, denied defendants-appellants' motions for summary judgment to dismiss the complaint and cross-claims on the ground...
Finning v. NIagara Mohawk Power Corp. - 3/22/2001
Appeal from an order of the Supreme Court (Moynihan Jr., J.), entered July 13, 2000 in Washington County, which denied a motion by defendant Niagara Mohawk Power Corporation to sever the action against it from that of the remaining...
Chase Scientific Research - 3/22/2001
Under CPLR 214(6), a three-year statute of limitations is applicable in non-medical malpractice actions, regardless of whether the underlying theory is based in contract or tort. The appeals now before us raise the novel issue of...
Allstate Insurance Co. v. Denbleyker - 3/21/2001
Order unanimously reversed on the law without costs, motion denied and cross motion granted. Opinion by Pigott, Jr., P. J.: At issue on this appeal is whether an insured is entitled to a reduction in the amount of the no-fault...
Nestorowich v. Ricotta - 3/21/2001
Judgment affirmed without costs. Memorandum: Contrary to plaintiff's contention, the verdict in favor of John J. Ricotta (defendant) in this medical malpractice action is based on legally sufficient evidence (see generally, Cohen v...
Jones v. Peerless Insurance Co. - 3/21/2001
Judgment unanimously reversed on the law without costs, cross motion denied, complaint reinstated, motion granted and judgment granted in accordance with the following Memorandum: Plaintiff commenced this action seeking a judgment...
Wisholek v. Douglas - 3/21/2001
Judgment unanimously modified on the law and as modified affirmed without costs and new trial granted on damages for future pain and suffering only unless plaintiff Barbara W. Wisholek, within 20 days of service of a copy of the...
Martin v. Lattimore Road Surgicenter - 3/21/2001
Judgment reversed on the law with costs and new trial granted. Memorandum: Supreme Court erred in giving an "error in judgment" charge over plaintiffs' objection. That charge is appropriate only in a narrow category of medical...
Barlow v. Harlem Hospital Center - 3/20/2001
Order, Supreme Court, Bronx County (Stanley Green, J.), entered December 22, 1999, which, in an action for medical malpractice, denied plaintiffs' motion to compel defendants to answer the complaint, and granted...
Woodson v. American Transit Insurance Co. - 3/20/2001
Interim judgment, Supreme Court, New York County (Herman Cahn, J.), entered January 26, 2000, which awarded plaintiffs the principal sum of $444,648.02 against defendant American Transit Insurance Company, unanimously affirmed,...
Young v. Tierney - 3/19/2001
In an action, inter alia, to recover damages for wrongful death and personal injuries, the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Beisner, J.), dated March 28, 2000, which granted the motion of the...
Plotkin v. New York City Transit Authority - 3/19/2001
In an action to recover damages for wrongful death, the defendant appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated June 29, 2000, which denied its motion for summary judgment dismissing the complaint. ...
Estate of Wu v. Town of Brookhaven - 3/19/2001
In an action to recover damages for wrongful death, the defendant Hinck Electrical Contractors, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Klein, J.), entered September 3,...
Abbey Richmond Ambulance Service - 3/19/2001
In an action for a judgment declaring that the defendants are obligated to defend and indemnify the plaintiff in an action entitled Nichols v Abbey Richmond Ambulance Serv., pending in the Supreme Court, Westchester County, under...
Calderin v. Lyra Associates - 3/15/2001
Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered on or about January 5, 2000, which granted defendant's motion for summary judgment dismissing plaintiff's complaint, unanimously reversed, without costs, the motion...
Veeder v. Community Health Plan - 3/15/2001
Appeals (1) from two judgments of the Supreme Court (Keegan, J.), entered November 8, 1999 and January 14, 2000 in Albany County, upon a verdict rendered in favor of defendants, and (2) from an order of said court, entered November...
Young v. Knickerbocker Arena - 3/15/2001
Appeals (1) from an order of the Supreme Court (Ceresia Jr., J.), entered August 9, 1999 in Albany County, which, inter alia, denied defendants' motion directing plaintiff Jovette Young to submit to a vocational rehabilitation...
Dunham v. Weissman - 3/13/2001
Order and judgment (one paper), Supreme Court, New York County (Beatrice Shainswit, J.), entered January 5, 2000, which awarded plaintiff former tenant $58,750 plus interest as against defendant former landlord Alan B. Weissman,...
Iossa v. Marcone - 3/13/2001
Order, Supreme Court, Bronx County (Bertram Katz, J.), entered March 7, 2000, which, in an action for wrongful death arising out of defendant-respondent's shooting of plaintiff's decedent in a hunting accident, denied plaintiff's...
Silver v. City of New York - 3/13/2001
Order, Supreme Court, Bronx County (Stanley Green, J.), entered September 30, 1999, which, inter alia, granted defendants' cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
In this...
Weber v. Levine - 3/12/2001
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated June 12, 2000, which granted the motion of the defendants Muriel...
GE Capital Auto Lease - 3/12/2001
In an action, in effect, for a judgment declaring that the defendant Allstate Insurance Company is obligated to indemnify the plaintiff, GE Capital Auto Lease, Inc., in an underlying personal injury action entitled Connors v Caruso,...
White v. Southside Hospital - 3/12/2001
In an action, inter alia, to recover damages for wrongful death, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Warshawsky, J.), dated March 16, 2000, as granted the...
Lancer Insurance Co. v. Utica National Insurance Group - 3/12/2001
In an action for a judgment declaring that the defendants are obligated to defend and indemnify Peter A. Massie in an underlying personal injury action entitled Powell v Massie, pending in the Supreme Court, Suffolk County, under...
Cohen v. Silverman - 3/12/2001
In an action to recover damages for medical malpractice, the defendants North Shore University Hospital and Brookdale Hospital Medical Center separately appeal, as limited by their respective briefs, from so much of an order of the...
Monello v. Megna - 3/12/2001
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (Cusick, J.), dated December 9, 1999, which granted the defendants' motion for leave to amend...
Warren v. Meyers - 3/9/2001
In this medical malpractice action that was settled prior to trial, William S. Jones Esq. (Jones), and the Law Office of William A. Gallina, Esq. (Gallina), have petitioned this court pursuant to Judicary Law 475 for a determination...
Maine v. Jay Street Realty Associates - 3/8/2001
The issue presented on this motion by defendant to dismiss for lack of jurisdiction is whether service upon a limited partnership may be made by delivery of process to a person of suitable age and discretion at the residence of a...
Green v. City of New York - 3/8/2001
Order, Supreme Court, Bronx County (Stanley Green, J.), entered on or about March 16, 2000, which, to the extent appealed from, upon reargument, adhered to said court's prior order and directed plaintiff, inter alia, to answer...
Tawedros v. St. Vincent's Hospital of New York - 3/6/2001
Order, Supreme Court, New York County (Stanley Sklar, J.), entered on or about June 6, 2000, which, in a medical malpractice action, insofar as appealed from, denied plaintiff's cross motion to strike defendant-respondent hospital's...
Rosenberg v. Maggio - 3/6/2001
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about August 22, 2000, which, in a medical malpractice action, granted plaintiffs' motion to vacate a judgment dismissing the action for their failure to...
Guarino v. Sharzer - 3/6/2001
Order, Supreme Court, Bronx County (Barry Salman, J.), entered April 27, 1999, which, to the extent appealed from, denied so much of defendant's motion for summary judgment as sought dismissal of plaintiff's medical malpractice...
Redmond v. Manes - 3/5/2001
In an action to recover damages for legal malpractice and medical malpractice, the defendants separately appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated February 28, 2000, which granted the plaintiff's...
Meckert v. Sears Roebuck & Co. - 3/5/2001
In an action, inter alia, to recover damages for wrongful death arising from strict products liability, the plaintiff appeals from an order of the Supreme Court, Orange County (Owen, J.), dated April 14, 2000, which granted the...
Jones v. Chuang - 3/5/2001
In an action to recover damages for medical malpractice, etc., the defendants appeal from an order of the Supreme Court, Westchester County (Fredman, J.), dated March 27, 2000, which granted that branch of the plaintiffs' motion...
Finney v. Fraioli - 3/5/2001
In an action to recover damages for personal injuries, etc., the defendant Carlo Fraioli appeals from an order of the Supreme Court, Putnam County (Hickman, J.), dated May 16, 2000, which denied his motion for summary judgment...
Brown v. City of New York - 3/5/2001
In an action to recover damages for wrongful death, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Spodek, J.), dated July 14, 1999, which granted the defendants' motion, in effect, to reargue the...
Dugan v. Dorff Construction Company - 3/1/2001
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about October 7, 1999, granting the motion of respondent law firm Bert Taras, P.C. ("the Taras firm"), for an order directing appellant law firm Sacks and...
Angell v. State - 12/28/2000
Appeal from an order of the Court of Claims (Hanifin, J.), entered March 13, 2000, which granted the State's motion for summary judgment dismissing the claim.
Bryan K. Angell (hereinafter decedent) had a history of psychiatric...
Velez v. Seymour Moslin Associates - 12/28/2000
Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered on or about November 4, 1999, which, in an action for personal injury that was marked off a prenote-of-issue calendar on or about April 17, 1996 upon the parties'...
Berk v. Lopez - 12/28/2000
Judgment, Supreme Court, Bronx County (Janice Bowman, J.), entered on or about April 5, 1999, which, after a jury trial, awarded plaintiff $278,956, 60% as against defendant Luis A. Lopez and 40% as against defendants M.B. Painting...
Schillaci v. Jet Equipment and Tools - 12/27/2000
1887
Order unanimously modified on the law and as modified affirmed with costs to third-party defendant in accordance with the following Memorandum:
Supreme Court erred in denying the motion of third-party defendant for...
Schweitzer v. Tjan - 12/26/2000
Argued-February 4, 2000
0243B
DECISION & ORDER
In an action, inter alia, to recover damages for wrongful death, the defendant Stephanus J.K. Tjan appeals, as limited by his brief, from so much of an order of the...
Mandes v. Lee - 12/26/2000
Argued-October 31, 2000
3882B
DECISION & ORDER
In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated October 19,...
Leader v. Maroney - 12/26/2000
OPINION & ORDER
Argued-February 18, 2000
1924B
The opinion of the court was delivered by: Krausman, J.
APPEAL by the defendants, in an action, inter alia, to recover damages for legal malpractice, from an...
Hardie v. New York City Health and Hospitals Corporation - 12/26/2000
Submitted-December 7, 2000
3944B
DECISION & ORDER
In a medical malpractice action, the plaintiff appeals from an order of the Supreme Court, Queens County (Taylor, J.), dated August 17, 1999, which granted the...
Hafkin v. North Shore University Hospital - 12/26/2000
OPINION & ORDER
APPEAL by the plaintiffs, in two related actions to recover damages for medical malpractice, etc., from an order of the Supreme Court (John DiNoto, J.), dated April 28, 1999, and entered in Nassau County,...
Brosnan v. Shafron - 12/26/2000
Submitted-December 6, 2000
3950B
DECISION & ORDER
In an action to recover damages for medical malpractice, the defendant Staten Island University Hospital appeals from an order of the Supreme Court, Richmond...
Miller v. Brust - 12/26/2000
Submitted-November 8, 2000
3934B
DECISION & ORDER
In a consolidated action to recover damages for medical malpractice, etc., the defendants Norman M. Brust and Pension Committee-Joint Industrial Board of the...
Tkacs v. Dominion Construction Corp. - 12/26/2000
Submitted-September 27, 2000
DECISION & ORDER
In an action to recover damages for personal injuries, the defendant Dominion Construction Corp., appeals, as limited by its brief, from so much of an order of the Supreme...
Russo v. Shah - 12/26/2000
Argued-November 14, 2000
3935B
DECISION & ORDER
In an action to recover damages for medical malpractice and negligence, etc., the defendant appeals, as limited by his brief, from so much of an order of the Supreme...
Cammon v. City of New York - 12/21/2000
The central issue here is whether Federal maritime law preempts New York Labor Law ยงยง 200, 240(1) and 241(6).
Plaintiff Willie Cammon, a foreman dock builder, was injured while repairing a wood fender system at the South Bronx...
People v. Edwards - 12/19/2000
In People v Darden (34 NY2d 177, 181), the Court held that when information obtained from a confidential informant is necessary to establish probable cause, it would be "fair and wise" for the People to "be required to make the...
Ruffing v. Union Carbide Corp. - 12/18/2000
In what appears to be a matter of first impression, this Court is asked to determine whether defenses asserting the comparative fault of parents of a child born with severe birth defects should be dismissed because they are barred as...
Lamendola v. Mossa - 12/15/2000
In June, 1998, plaintiff commenced this action against defendant insurance brokers alleging causes of action for negligence, breach of contract and fraud. Defendants have moved to amend their answer to add an affirmative defense...
Galapo v. City Of New York - 11/30/2000
On August 16, 1988, Sergeant William Martin, an 18-year veteran of the New York City Police Department, and his partner Officer Joseph Galapo participated in a "buy and bust" operation. After observing a possible drug transaction,...
White v. Murphy - 11/28/2000
Appeal from an order of the Supreme Court (Teresi, J.), entered April 7, 2000 in Albany County, which granted plaintiff's motion for leave to amend the complaint to add defendants Robert F. O'Koniewski and East Hudson Community Care...
In re Silmon - 11/28/2000
2000 NYSlipOp10393 2
In North Carolina v. Alford (400 US 25), the United States Supreme Court recognized that an accused may voluntarily enter a guilty plea without admitting culpability when there is strong record evidence of...
Silmon v. Travis - 11/28/2000
In North Carolina v Alford (400 US 25), the United States Supreme Court recognized that an accused may voluntarily enter a guilty plea without admitting culpability when there is strong record evidence of actual guilt. In the case...
Adrian v. Good Neighbor Apartment Associates - 11/28/2000
Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered June 24, 1999, which denied plaintiff's motion for spoliation sanctions, unanimously reversed, on the law, without costs, the motion granted, and defendants' proof of...
Towne v. Ara Asadouian - 11/22/2000
Appeal from an order of the Supreme Court (Dawson, J.), dated July 26, 1999 in Essex County, which denied defendants' motion to dismiss the complaint on the ground of res judicata and/or collateral estoppel.
Defendants seek to...
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