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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Walker v. Mount Vernon Hospital - 5/15/2000
Argued-April 3, 2000
1179B
DECISION & ORDER
In a medical malpractice action to recover damages for personal injuries, etc., the defendant Sharda Dave appeals from so much of an order of the Supreme Court,...
Soto v. Alert No. 1 Alarm Systems - 5/15/2000
Submitted-March 20, 2000
1143B
DECISION & ORDER
In an action to recover damages for personal injuries, etc., the third-party defendant appeals from an order of the Supreme Court, Kings County (Rappaport, J.),...
Star Small v. Wyckoff Heights Medical Center - 5/15/2000
Argued-April 6, 2000
1107B
DECISION & ORDER
In an action to recover damages for medical malpractice, the defendant appeals from a judgment of the Supreme Court, Kings County (Jackson, J.), dated May 5, 1999,...
Lindgren v. St. Vincent's Medical Center of Richmond - 5/15/2000
Submitted-April 5, 2000
1115B
DECISION & ORDER
In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Richmond County (Cusick, J.), dated April 13, 1999,...
Chavez v. Bancker Construction Corp. - 5/15/2000
Argued-March 27, 2000
1181B
DECISION & ORDER
In an action to recover damages for personal injuries and wrongful death, the defendant Bancker Construction Corp., Inc., appeals from so much of an order of the...
Chase Scientific Research - 5/15/2000
OPINION & ORDER
Submitted-December 8, 1999
APPEALS by the plaintiff, in an action against insurance brokers to recover damages for malpractice in procuring an insurance policy, from (1) an order of the Supreme Court (D....
Morse Diesel International v. CNA Insurance Companies - 5/15/2000
Argued-December 9, 1999
CORNELIUS J. O'BRIEN, J.P. WILLIAM D. FRIEDMANN ANITA R. FLORIO HOWARD MILLER, JJ.
0122B
DECISION & ORDER
In an action, inter alia, for a judgment declaring that the defendant CNA...
Caldwell v. 302 Convent Ave. Housing Development Fund Corp. - 5/11/2000
Order, Supreme Court, New York County (Emily Goodman, J.), entered January 22, 1999, which granted plaintiffs' petition to serve a late notice of claim upon defendant City of New York, unanimously reversed, on the law, without costs,...
Stein v. Travers - 5/11/2000
Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about May 11, 1999, which, in this personal injury action, denied plaintiffs' motion for summary judgment and to strike defendant's affirmative defenses,...
Horn v. Homier Distributing - 5/10/2000
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs commenced this products liability action against defendant, Homier Distributing, Inc. (Homier),...
Smothers v. County of Erie - 5/10/2000
Order unanimously affirmed without costs. Memorandum: In July 1999 Mandeep K. Brar, M.D. (defendant) retained the former attorneys of plaintiff's treating physician, who had been represented by them in March 1998 for purposes of a...
Orendick v. Chiodo - 5/10/2000
Order unanimously reversed on the law and facts without costs, motion granted in part and judgment ordered in accordance with the following Memorandum: Plaintiffs, Marianne Orendick and Michael Orendick, each had a personal injury...
Syracuse v. Diao - 5/10/2000
(APPEAL NO. 1.)
Order unanimously reversed on the law with costs, motion denied and complaint against defendant Millard Fillmore Hospitals, d/b/a Hand Center of Western New York, reinstated. Memorandum: Plaintiff commenced this...
Progressive Insurance Companies v. Brouse - 5/10/2000
Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied plaintiff's motion for summary judgment but erred in declaring that plaintiff is...
Szarowicz v. West Valley Nuclear Service Company - 5/10/2000
Order unanimously reversed on the law with costs, motion granted and third- party complaint dismissed. Memorandum: Supreme Court erred in denying the motion of third-party defendant for summary judgment dismissing the third-party...
Faragiano v. Town of Concord - 5/10/2000
Order unanimously affirmed without costs. Memorandum: Defendant Town of Concord (Town) appeals from an order of Supreme Court that, inter alia, denied its cross motion for partial summary judgment on its affirmative defense under CPLR...
Duncan v. Mount St. Mary's Hospital of Niagara Falls - 5/10/2000
(APPEAL NO. 3.)
Amended judgment unanimously affirmed without costs. Memorandum:
In this medical malpractice action, Supreme Court's reference to foreseeability in the jury charge does not constitute reversible error (see,...
Zimmer v. Lake Shore Hospital - 5/10/2000
Order unanimously reversed on the law with costs, motions granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendants' motions to dismiss the complaint. Plaintiffs commenced this medical malpractice action by...
Di Vincenzo v. Tripart Development - 5/10/2000
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted that part of plaintiffs' motion seeking partial summary judgment on the issue of liability under Labor Law § 240(1) against defendants, Tripart...
Tillman v. Women's Christian Association Hospital - 5/10/2000
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted plaintiff's motion to file and serve a second amended complaint and denied defendant's cross motion seeking dismissal of the action with prejudice....
Mediavilla v. Gurman - 5/9/2000
Order, Supreme Court, New York County (Lorraine Miller, J.), entered on or about February 11, 1999, which denied plaintiffs' motion to vacate the dismissal of their complaint, unanimously reversed, on the law, the facts and in the...
McNeill v. Rugby Joe's Inc. - 5/8/2000
In an action, inter alia, to recover damages for wrongful death, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Cowhey, J.), entered September 21, 1999, as denied...
Mandroukakis v. County of Westchester - 5/8/2000
In an action to recover damages for medical malpractice, the defendants Richard Stivala and Lung-Ming Wei appeal from a judgment of the Supreme Court, Westchester County (Donovan, J.), entered December 9, 1998, which, upon a jury...
Ibarra v. Equipment Control - 5/8/2000
On the instant appeal, we must determine whether the 1996 amendment to §11 of the Workers' Compensation Law, which became effective on September 10, 1996, is applicable to the common-law contribution and indemnification claims...
Harris v. New York City Health and Hospitals Corporation - 5/8/2000
In an action to recover damages for medical malpractice, etc., the defendant New York City Health and Hospitals Corporation appeals (1) from a judgment of the Supreme Court, Kings County (Jackson, J.), entered August 4, 1998, which...
Grossman v. Wright - 5/8/2000
Submitted - November 17, 1999
APPEAL by the defendant Anna Wright in three related actions to recover damages for personal injuries, etc., from an order of the Supreme Court (Gerard D'Emilio, J.), dated April 5, 1999, and entered...
Ruepp v. West Experience Inc. (N.Y.App.Div. 05/04/2000)
[1]
Supreme Court - 5/4/2000
Calendar Date: March 31, 2000
Appeal from an order of the Supreme Court (Williams, J.), entered October 7, 1999 in Saratoga County, which denied defendants' motion for summary judgment dismissing the complaint.
MEMORANDUM...
Dobski v. City of Schenectady (N.Y.App.Div. 05/04/2000)
[1]
Supreme Court - 5/4/2000
Calendar Date: February 25, 2000
Appeals (1) from an order of the Supreme Court (Lomanto, J. ), entered March 26, 1999 in Schenectady County, which, inter alia, granted plaintiff's motion to set aside that portion of the verdict...
Cohen v. Cabrini Medical Center - 5/4/2000
Plaintiff Amy Margolis appeals from an Appellate Division order affirming dismissal of her cause of action for personal injuries she allegedly suffered by reason of the medical malpractice of defendant Dr. Richard Amelar in performing...
Perrone v. Grover - 5/1/2000
Argued-March 27, 2000
LAWRENCE J. BRACKEN, J.P. THOMAS R. SULLIVAN MYRIAM J. ALTMAN GABRIEL M. KRAUSMAN, JJ.
0987B
DECISION & ORDER
In an action to recover damages for medical malpractice, etc., the...
Weldon v. Beal - 5/1/2000
Argued-March 13, 2000
0913B
DECISION & ORDER
In an action to recover damages for medical malpractice, (1) the defendant Long Island College Hospital appeals from a judgment of the Supreme Court, Kings County...
Spicer v. Community Family Planning Council Health Center - 5/1/2000
Submitted-March 13, 2000
0943B
DECISION & ORDER
In an action to recover damages for wrongful death, the defendants Community Family Planning Council Health Center and Denise Sutherland appeal from so much of an...
Saboe v. Splish Splash at Adventure Land - 5/1/2000
Submitted-March 22, 2000
0971B
DECISION & ORDER
In an action to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Dunn, J.), dated January...
Reid v. Knorr - 5/1/2000
Argued-March 14, 2000
0775B
DECISION & ORDER
In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Queens County (LaTorella, J.), which, upon a jury...
Napolitano v. Huss - 5/1/2000
Argued-March 16, 2000
0954B
DECISION & ORDER
In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Rockland County (Meehan, J.), entered January 22,...
McKoy v. County of Westchester - 5/1/2000
Argued-March 27, 2000
DECISION & ORDER
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Colabella, J.), entered April 27, 1999,...
Massimo v. Monfredo - 5/1/2000
Submitted-March 22, 2000
0927B
DECISION & ORDER
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated April 26,...
Goldberg v. Aaron - 5/1/2000
Submitted-March 22, 2000
0924B
DECISION & ORDER
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Rosato, J.), entered...
Craig v. Reed - 5/1/2000
Submitted-March 22, 2000
0938B
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,...
Beecher v. Northern Men's Sauna - 5/1/2000
Submitted-February 24, 2000
Counsel: Morris, Duffy, Alonso & Faley, LLP, New York, N.Y. (Yolanda L. Himmelberger and Kevin G. Faley of counsel), for appellant. Drobenko & Piddoubny, Astoria, N.Y. (Walter Drobenko and...
Guerrero v. Lenox Hill Hospital (N.Y.App.Div. 03/28/2000)
[1]
Supreme Court - 3/28/2000
Order, Supreme Court, Bronx County (Anne Targum, J.), entered July 9, 1999, which, inter alia, denied defendants' motion to dismiss the complaint pursuant to CPLR 3126 or, alternatively, to compel plaintiff to furnish authorizations...
St. George v. W.J. Barney Corporation (N.Y.App.Div. 03/28/2000)
[1]
Supreme Court - 3/28/2000
Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about March 5, 1999, which, insofar as appealed from as limited by the appellant's brief, denied the cross-motion of third-party defendant The Schaefer Agency,...
Milne v. Cheema (N.Y.App.Div. 03/28/2000)
[1]
Supreme Court - 3/28/2000
Judgment, Supreme Court, New York County (Harold Tompkins, J.), entered on or about March 30, 1999, which denied defendant's motion to dismiss the complaint, unanimously reversed, on the law, without costs, the motion granted and the...
Simmons v. Boro Medical (N.Y.App.Div. 03/27/2000)
[1]
Supreme Court - 3/27/2000
Submitted-September 27, 1999
DECISION & ORDER
In an action, inter alia, to recover damages for wrongful death, the plaintiffs appeal from (1) an order of the Supreme Court, Kings County (Patterson, J.), dated January...
Pellegrino v. Salzberg (N.Y.App.Div. 03/27/2000)
[1]
Supreme Court - 3/27/2000
Argued-February 22, 2000
DECISION & ORDER
In an action to recover damages for medical malpractice, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered May 19, 1999, which...
Koplick v. Lieberman (N.Y.App.Div. 03/27/2000)
[1]
Supreme Court - 3/27/2000
Argued-February 18, 2000
DECISION & ORDER
In a medical malpractice action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Rockland County (Bergerman, J.),...
Javino v. Nassau and Suffolk Urology Associates (N.Y.App.Div. 03/27/2000)
[1]
Supreme Court - 3/27/2000
Submitted-February 16, 2000
DECISION & ORDER
In two related actions to recover damages for loss of consortium (Action No. 1), and medical malpractice (Action No. 2), Dale R. Javino, the plaintiff in Action No. 2,...
American Ref-Fuel Co. of Hempstead v. Employers Insurance Co. of Wausau (N.Y.App.Div. 03/27/2000)
[1]
Supreme Court - 3/27/2000
Argued-January 27, 2000
OPINION & ORDER
APPEAL by the defendant, in an action for a judgment declaring that the defendant must defend and indemnify the plaintiff, American Ref-Fuel Company of Hempstead, and the Town of...
Cottrell v. Weinstein (N.Y.App.Div. 03/27/2000)
[1]
Supreme Court - 3/27/2000
Submitted-January 31, 2000
DECISION & ORDER
In an action to recover damages for medical malpractice, etc., the defendant appeals from an order of the Supreme Court, Queens County (Lonschein, J.), dated January 5, 1999,...
Chen v. New York City Health & Hospitals Corp. (N.Y.App.Div. 03/27/2000)
[1]
Supreme Court - 3/27/2000
Argued-February 3, 2000
DECISION & ORDER
In a medical malpractice action, the plaintiffs appeal from an order of the Supreme Court, Queens County (Weiss, J.), dated March 12, 1999, which granted the defendant's motion...
Coakley v. City of New York (N.Y.App.Div. 03/23/2000)
[1]
Supreme Court - 3/23/2000
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered October 26, 1998, which, in an action alleging that defendant-appellant contractor's negligence caused damage to a sewer line leading to plaintiff's residence, granted...
Rothberg v. Reichelt (N.Y.App.Div. 03/23/2000)
[1]
Supreme Court - 3/23/2000
Appeal from an order of the Supreme Court (Connor, J.), entered August 5, 1999 in Columbia County, which, inter alia, denied third-party defendant's motion for partial summary judgment dismissing the third-party claim for negligence...
Traphagen v. Robert Packer Hospital (N.Y.App.Div. 03/23/2000)
[1]
Supreme Court - 3/23/2000
Appeal from an order of the Supreme Court (Rumsey, J.), entered July 29, 1999 in Tompkins County, which denied a motion by defendants Guthrie Clinic Ltd., Guthrie Medical Group P.C. and Robert Malvica for summary judgment dismissing...
Pulcastro v. N & S Supply Co. (N.Y.App.Div. 03/23/2000)
[1]
Supreme Court - 3/23/2000
Appeal from a decision and an amended decision of the Workers' Compensation Board, filed December 4, 1997 and September 8, 1998, which ruled that claimant sustained a causally related disability and awarded workers' compensation...
Alicea v. Bencivenga (N.Y.App.Div. 03/21/2000)
[1]
Supreme Court - 3/21/2000
This is a personal injury action brought by tenants against the owner of their building to recover damages allegedly sustained when Enrique Alicea slipped and fell on an icy step caused by a negligently maintained gutter in the roof...
United States Fire Insurance Company v. New York Marine and General Insurance Company (N.Y.App.Div. 03/21/2000)
[1]
Supreme Court - 3/21/2000
This action arises from an accident in which a passenger car struck a Nassau County Bridge Authority (NCBA) pickup truck that was left on the roadway of the bridge. The question presented is whether NCBA's general liability insurance...
United States Fire Insurance Company v. New York Marine - 3/21/2000
Plaintiffs appeal from a judgment of the Supreme Court, New York County (Richard Lowe, III, J.), entered May 6, 1998, which denied their motion for summary judgment and granted defendant's cross-motion for summary judgment dismissing...
Canter v. East Nassau Medical Group (N.Y.App.Div. 03/20/2000)
[1]
Supreme Court - 3/20/2000
Argued - November 18, 1999
In an action to recover damages for medical malpractice and wrongful death, etc., (1) the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County...
Blaisdell v. Huntington Hospital (N.Y.App.Div. 03/20/2000)
[1]
Supreme Court - 3/20/2000
Submitted - February 3, 2000
In an action to recover damages for wrongful death and medical malpractice, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), dated March 31, 1999, which granted...
Vaccarino v. Allstate Insurance Co. (N.Y.App.Div. 03/20/2000)
[1]
Supreme Court - 3/20/2000
Submitted - January 31, 2000
In an action pursuant to Insurance Law § 3420(a)(2) to recover on an unsatisfied judgment entered against the defendant's insureds, the defendant appeals, as limited by its brief, from so much of an...
Rosario v. Elishis (N.Y.App.Div. 03/20/2000)
[1]
Supreme Court - 3/20/2000
Argued - February 8, 2000
In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Garry, J.), dated April 16, 1999, which denied her motion to...
Elrac - 3/20/2000
Argued - February 8, 2000
In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, Allstate Insurance Company appeals from an order of the Supreme Court, Suffolk County (Floyd, J.), dated...
Garcia v. Brooklyn Hospital (N.Y.App.Div. 03/20/2000)
[1]
Supreme Court - 3/20/2000
Argued - February 7, 2000
In a medical malpractice action, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Barasch, J.), entered October 23, 1998, which, upon a jury verdict in favor of the defendant,...
Erosa v. Rinaldi (N.Y.App.Div. 03/20/2000)
[1]
Supreme Court - 3/20/2000
Argued - January 25, 2000
In an action to recover damages for medical malpractice, etc., the plaintiff Kim Marie Metrock Erosa appeals (1) from an order of the Supreme Court, Queens County (Posner, J.), dated August 4, 1998,...
Giunta v. Lawrence Hospital (N.Y.App.Div. 03/16/2000)
[1]
Supreme Court - 3/16/2000
Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about February 4, 1999, which, in a medical malpractice action, denied defendant- appellant's motion for summary judgment dismissing the complaint as against him,...
Rodriguez v. New York City Health and Hospitals Corp. (N.Y.App.Div. 03/16/2000)
[1]
Supreme Court - 3/16/2000
Order, Supreme Court, Bronx County (Stanley Green, J.), entered December 2, 1998, which, in an action for medical malpractice, insofar as appealed from, granted infant plaintiff's motion to deem her notice of claim timely filed,...
Bondoc v. Zervoudis (N.Y.App.Div. 03/16/2000)
[1]
Supreme Court - 3/16/2000
Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered April 5, 1999, which, inter alia, granted the motion by defendant Montefiore Medical Center for summary judgment dismissing the first cause of action in the complaint,...
Paynter v. Moorehouse (N.Y.App.Div. 03/16/2000)
[1]
Supreme Court - 3/16/2000
Calendar Date: February 17, 2000
Appeal from an order of the Supreme Court (Demarest, J.), entered November 18, 1999 in St. Lawrence County, which denied defendant's motion for summary judgment dismissing the complaint. ...
Ingalsbe v. Chicago Insurance Company (N.Y.App.Div. 03/16/2000)
[1]
Supreme Court - 3/16/2000
Calendar Date: January 12, 2000
Appeal from an order of the Supreme Court (Malone Jr., J.), entered June 10, 1999 in Ulster County, which, inter alia, granted plaintiff's motion for partial summary judgment and made a...
Casale v. Hena (N.Y.App.Div. 03/16/2000)
[1]
Supreme Court - 3/16/2000
Calendar Date: January 14, 2000
Appeal from an order of the Supreme Court (Keegan, J.), entered May 28, 1999 in Albany County, which, inter alia, granted defendant's motion for summary judgment dismissing the complaint. ...
Siegel v. Werner & Zaroff (N.Y.App.Div. 03/16/2000)
[1]
Supreme Court - 3/16/2000
Order, Supreme Court, New York County (Diane Lebedeff, J.), entered January 22, 1999, which, in an action for legal malpractice, granted defendants' motion to dismiss the complaint on the ground of res judicata, unanimously affirmed,...
Henderson v. Gulati (N.Y.App.Div. 03/13/2000)
[1]
Supreme Court - 3/13/2000
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 March 8, 1999, which granted the motion of the defendants Rajan...
Schecter v. Downing (N.Y.App.Div. 03/13/2000)
[1]
Supreme Court - 3/13/2000
In an action, inter alia, to recover damages for wrongful death, the plaintiff, June Schecter, as administrator of the estate of Steven Jeffrey Schecter, deceased, appeals from a judgment of the Supreme Court, Nassau County (Phelan,...
Saur v. Aguero (N.Y.App.Div. 03/13/2000)
[1]
Supreme Court - 3/13/2000
In an action to recover damages for medical malpractice, etc., the defendant Jose A. Aguero appeals from an order of the Supreme Court, Nassau County (Carter, J.), dated December 3, 1998, which granted the plaintiffs' motion to set...
Palo v. Latt - 3/13/2000
In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Suffolk County (D'Emilio, J.), entered June 11, 1999, which granted the plaintiffs' motion to vacate an order dated...
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