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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Orsini v. Postel (N.Y.App.Div. 12/02/1999)
[1]
Supreme Court - 12/2/1999
OPINION OF THE COURT
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered May 3, 1999, which, in an action for medical malpractice, denied defendant's motion for summary judgment dismissing the complaint,...
Klein v. Hooting - 12/2/1999
OPINION OF THE COURT
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered October 5, 1998, which granted the motion by defendants Solomon Witriol, et al. (the "Witklag Realty" defendants) for nunc pro tunc...
Jecan v. Call (N.Y.App.Div. 11/30/1999)
[1]
Supreme Court - 11/30/1999
OPINION OF THE COURT
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered October 8, 1998 which, inter alia, denied plaintiff's motion to set aside the jury verdict in this personal injury action, unanimously...
Fisher 40th & 3rd Co. v. Welsbach Electric Corp. (N.Y.App.Div. 11/30/1999)
[1]
Supreme Court - 11/30/1999
Sullivan, J.P., Rosenberger, Tom, Mazzarelli, Wallach, JJ.,
OPINION OF THE COURT
Order, Supreme Court, New York County (Stephen Crane, J.), entered March 1, 1999, denying plaintiffs-subrogated insurers' motion to...
Dubinsky v. Rykowski (N.Y.App.Div. 11/29/1999)
[1]
Supreme Court - 11/29/1999
Argued - June 1, 1999
OPINION OF THE COURT
In an action to recover damages for wrongful death, etc., the plaintiff appeals from an order of the Supreme Court, Nassau County (Burke, J.), dated August 31, 1998, which granted,...
Pogue v. Rosario (N.Y.App.Div. 11/29/1999)
[1]
Supreme Court - 11/29/1999
Submitted - June 18, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (Jones, J.), dated July 13, 1998, which...
Pike v. State (N.Y.App.Div. 11/29/1999)
[1]
Supreme Court - 11/29/1999
Argued - October 29, 1999
OPINION OF THE COURT
In a claim to recover damages for medical malpractice, etc., the claimants appeal from a judgment of the Court of Claims (O'Rourke, J.), dated July 17, 1998, which, after a...
Padula v. Bucalo (N.Y.App.Div. 11/29/1999)
[1]
Supreme Court - 11/29/1999
Submitted - October 19, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, the plaintiff appeals, on the ground of inadequacy, from a judgment of the Supreme Court, Nassau County (Feuerstein,...
Gomez v. Doctors Medical Center (N.Y.App.Div. 11/29/1999)
[1]
Supreme Court - 11/29/1999
Argued - October 21, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, the defendant Madeline Lamarque appeals from an order of the Supreme Court, Kings County (Spodek, J.), dated April 20,...
St. Patrick's Home for the Aged and Infirm v. Laticrete International - 9/28/1999
Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered June 22, 1998, which, to the extent appealed from, denied defendant Laticrete's motion for summary judgment dismissing plaintiff's fourth and fifth causes of action for...
Petracca & Sons - 9/27/1999
Argued-June 14, 1999
DECISION & ORDER
In an action, inter alia, for a judgment declaring that the defendant General Accident Insurance Co., s/h/a General Accident Ins. Co., is obligated to indemnify the plaintiffs in...
Gonzalez v. Guirguis (N.Y.App.Div. 09/27/1999)
[1]
Supreme Court - 9/27/1999
Argued-June 15, 1999
DECISION & ORDER
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Kings County (Levine, J.), dated...
DiCocco v. Center for Developmental Disabilities - 9/27/1999
Argued-June 8, 1999
DECISION & ORDER
In an action to recover damages for wrongful death, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), dated...
Budhram v. City of New York (N.Y.App.Div. 09/27/1999)
[1]
Supreme Court - 9/27/1999
Submitted-June 9, 1999
DECISION & ORDER
In an action to recover damages, inter alia, for personal injuries and wrongful death, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme...
In re Claim of Korczyk (N.Y.App.Div. 09/23/1999)
[1]
Supreme Court - 9/23/1999
Calendar Date: September 8, 1999
Appeal from a decision of the Workers' Compensation Board, filed August 27, 1997, which ruled that claimant voluntarily withdrew from the labor market and denied her claim for workers'...
Sahinis v. Brunswick Hospital Center - 9/23/1999
Argued-June 3, 1999
In an action to recover damages for medical malpractice, the defendant Patricia Ford, M.D., appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Costello, J.), dated...
Gregory v. Starace - 9/23/1999
Submitted-March 24, 1999
DECISION & ORDER
In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Rockland County (Weiner, J.), dated April 21, 1998, which...
Malek v. Allcity Insurance Company - 9/23/1999
Argued-June 1, 1999
DECISION & ORDER
In an action for a judgment declaring that the defendant Allcity Insurance Company is obligated to defend and indemnify the plaintiff in an underlying personal injury action, the...
Motts v. Cohen (N.Y.App.Div. 09/20/1999)
[1]
Supreme Court - 9/20/1999
Argued - June 11, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered August 27, 1998, which...
Kelleher v. Mt. Kisco Medical Group - 9/20/1999
Argued - June 3, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, etc., the defendants appeal from (1) a transcript of the Supreme Court, Westchester County (DiBlasi, J.), dated May 28,...
Chow v. Long Island Rail Road (N.Y.App.Div. 09/20/1999)
[1]
Supreme Court - 9/20/1999
Submitted - June 2, 1999
OPINION OF THE COURT
In an action to recover damages for personal injuries and wrongful death, the defendants Long Island Rail Road and Robert Franke appeal, as limited by their brief, from so much...
Goodman v. Gudi (N.Y.App.Div. 09/20/1999)
[1]
Supreme Court - 9/20/1999
Submitted - June 16, 1999
OPINION OF THE COURT
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 August 25,...
Goodman v. Gudi (N.Y.App.Div. 09/20/1999)
[1]
Supreme Court of New York - 9/20/1999
Submitted-June 16, 1999
DECISION & ORDER 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 August 25, 1998,...
Munoz v. American Pacific Mining New York - 9/16/1999
Order, Supreme Court, New York County (Harold Tompkins, J.), entered April 21, 1998, which, in an action for personal injury arising out of an accident in Honduras, inter alia, found that a Honduran court would award plaintiff only...
Brewster v. Prince Apartments - 9/16/1999
Judgment, Supreme Court, Bronx County (Janice Bowman, J.), entered on or about March 18, 1998, dismissing the complaint, and bringing up for review an order, same court and Justice, entered September 15, 1997, granting defendant's...
Rivera v. Ricciardi - 9/16/1999
Submitted-May 19, 1999
DECISION & ORDER
In an action to recover damages for medical malpractice, the defendant third- party plaintiff appeals from an order of the Supreme Court, Kings County (Bellard, J.), entered...
In re Allstate Insurance Company - 9/16/1999
Argued-June 1, 1999
DECISION & ORDER
In a proceeding to permanently stay an uninsured motorist arbitration, Karin Kruger appeals from an order of the Supreme Court, Orange County (Owen, J.), dated June 22, 1998, which...
Austin v. Interfaith Medical Center (N.Y.App.Div. 09/13/1999)
[1]
Supreme Court of New York - 9/13/1999
Submitted-March 3, 1999
DECISION & ORDER
In an action to recover damages for medical malpractice, the third-party defendants appeal from an order of the Supreme Court, Kings County (Bellard, J.), dated April 8, 1998,...
Cooper v. Mobil Oil Corp. (N.Y.App.Div. 09/09/1999)
[1]
Supreme Court of New York - 9/9/1999
Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered February 11, 1999, which granted defendant's motion to change venue, unanimously reversed, on the law, without costs, and defendant's motion denied. ...
Saravia v. Makkos of Brooklyn (N.Y.App.Div. 09/09/1999)
[1]
Supreme Court of New York - 9/9/1999
Order, Supreme Court, New York County (Edward Lehner, J.), entered April 24, 1998, denying defendants' motion for summary judgment, unanimously reversed, on the law, without costs, defendants' motion for summary judgment granted and...
Shafran v. St. Vincent's Hospital and Medical Center - 9/2/1999
Judgment, Supreme Court, New York County (Carol Huff, J.), entered January 23, 1998, dismissing the complaint as against defendant St. Vincent's Hospital at the close of the evidence, and against defendants Janick, Nathanson and Burns...
Maggio v. Frank Mercogliano Inc. - 6/28/1999
Argued - May 3, 1999
OPINION OF THE COURT
In an action to recover damages for personal injuries, the defendant third- party plaintiff, Eighteen Jericho Turnpike Corp., appeals from an order of the Supreme Court, Kings...
Raymond v. Glabman - 6/28/1999
Argued - May 7, 1999
OPINION OF THE COURT
In an action to recover damages for legal malpractice, the defendant appeals from so much of an order of the Supreme Court, Queens County (Lonschein, J.), dated June 15, 1998, as...
Kaplan v. Hamilton Medical Associates - 6/28/1999
Argued - April 29, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, (1) the defendant Kamram Hashemi appeals, and the defendants Mount Sinai Medical Center, Glenn S. Hammer, and Robert...
Hiraldo v. Khan - 6/28/1999
Argued - May 18, 1999
OPINION OF THE COURT
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, Kings County (Belen,...
Damen v. North Shore University Hospital - 6/28/1999
Argued - April 30, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Queens County (LeVine, J.), dated December 8,...
Berry v. Whitely - 6/28/1999
Argued - May 13, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, etc., the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Levine,...
Rey v. Park View Nursing Home Inc. - 6/28/1999
Argued - May 10, 1999
OPINION OF THE COURT
In an action to recover damages for personal injuries, (1) the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (O'Connell,...
Williams v. New York City Health and Hospitals Corp. - 6/24/1999
OPINION OF THE COURT
Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered March 24, 1998, which upon granting third-party plaintiff's motion to renew and reargue, recalled the court's prior decision of September 11,...
Joseph v. Agnant - 6/24/1999
OPINION OF THE COURT
Order, Supreme Court, Bronx County (Alan Saks, J.), entered January 19, 1999, which, in an action for medical malpractice, denied defendant physician's motion pursuant to CPLR 510(3) to change venue from...
In re Orseck - 6/22/1999
Calendar Date: June 3, 1999
OPINION OF THE COURT
Per Curiam.
Respondents Donald I. Orseck and Gerald Orseck were admitted to practice by this court in 1969 and 1957, respectively. They are brothers and partners and...
Cohen v. Transcontinental Insurance Co. - 6/22/1999
OPINION OF THE COURT
Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered June 29, 1998, which denied plaintiff's motion for summary judgment seeking an order directing that defendant pay the amended judgment...
Sonsini v. Memorial Hospital for Cancer - 6/22/1999
OPINION OF THE COURT
Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered on or about July 24, 1998, which granted plaintiffs' motion to quash defendants' notice to take a nonparty deposition, unanimously affirmed;...
Scocozza v. Tolia - 6/21/1999
Submitted - May 7, 1999
OPINION OF THE COURT
In a medical malpractice action to recover damages for conscious pain and suffering and wrongful death, the defendant appeals, as limited by her brief, from so much of an order...
Chaudhry v. Garvale - 6/21/1999
Argued - May 10, 1999
OPINION OF THE COURT
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Berler, J.), dated August 31, 1998, which (1)...
Wynne v. Wagner - 6/21/1999
Submitted - May 12, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Spodek, J.), dated July 2, 1998, which granted...
Pulizzi v. Oghia - 6/21/1999
Submitted - May 7, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, the defendant Hady G. Oghia appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens...
Martin v. A-1 Compaction Inc. - 6/21/1999
Argued - May 6, 1999
OPINION OF THE COURT
In an action to recover damages for wrongful death and personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester...
Lopez v. Sheskier - 6/21/1999
Submitted - May 3, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Garry, J.), entered November 17, 1997, which,...
Kohn v. Fisch - 6/21/1999
Submitted - May 12, 1999
OPINION OF THE COURT
In an action, inter alia, to recover damages for medical malpractice, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester...
Zaccoli v. McGinn - 6/21/1999
Argued - May 14, 1999
OPINION OF THE COURT
In an action, inter alia, to recover damages for medical malpractice and wrongful death, the plaintiffs appeal from an order of the Supreme Court, Richmond County (Sangiorgio, J.),...
Finklea v. Heim - 6/18/1999
(Appeal from Order of Supreme Court, Niagara County, Koshian, J. - Dismiss Pleading.)
OPINION OF THE COURT
Order unanimously affirmed without costs. Memorandum: Plaintiff commenced this action seeking damages for personal...
Galioto v. Sears - 6/18/1999
(Appeal from Order of Supreme Court, Erie County, Notaro, J. - Discovery.)
OPINION OF THE COURT
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:...
Burlingame v. Toal - 6/18/1999
(Appeal from Judgment of Supreme Court, Monroe County, Smith, J. - Negligence.)
OPINION OF THE COURT
Judgment unanimously reversed on the law without costs and new trial granted. Memorandum: At the trial of this personal...
Kastick v. U-Haul Co. of Western Michigan - 6/18/1999
MOTION NO. 233/99
OPINION OF THE COURT
Motion for reargument granted and, upon reargument, the decision filed and the ordering paragraph of the order entered March 19, 1999 are amended by providing that the judgment...
Hartford Casualty Insurance Co. v. Pennington - 6/18/1999
(Appeal from Judgment of Supreme Court, Erie County, Cosgrove, J. - Declaratory Judgment.)
OPINION OF THE COURT
Judgment reversed on the law without costs, cross motions denied, motion granted and judgment granted in...
Dabb v. Nynex Corp. - 6/18/1999
(Appeal from Order of Supreme Court, Erie County, LaMendola, J. - Dismiss Pleading.)
OPINION OF THE COURT
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following...
In re Claim of Camarda - 6/17/1999
Appeal from a decision of the Workers' Compensation Board, filed August 13, 1997, which ruled that claimant voluntarily withdrew from the labor market.
Claimant, who had not returned to work after injuring her back during the...
In re Ogborn - 6/17/1999
Appeals (1) from an order of the Family Court of Delaware County (Estes, J.), entered June 30, 1998, which, inter alia, granted respondent's objections to the Hearing Examiner's findings with regard to the amount of child support...
In re Claim of Konz - 6/17/1999
Appeal from a decision of the Workers' Compensation Board, filed April 1, 1998, which ruled, inter alia, that claimant had not voluntarily withdrawn from the labor market.
The employer and its workers' compensation insurance...
Miller v. Amerada Hess Corp. - 6/16/1999
This opinion is uncorrected and will not be published in the Official Reports.
Products Liability--Exposure to Toxic Substances
(*1)
Defendants Amerada Hess Corp., Amoco Corp., Amoco Oil Co., Chevron Chemical Co.,...
Federal Insurance Co. v. Americas Insurance Co. - 6/15/1999
In this controversy between insurance companies as to their respective obligations concerning an underlying personal injury claim, plaintiff Federal Insurance Company appeals from Supreme Court's declaration, in resolving competing...
Excelsior Insurance Co. v. Antretter Contracting Corp. - 6/15/1999
OPINION OF THE COURT
Order, Supreme Court, New York County (Ira Gammerman, J.), entered May 8, 1998, denying plaintiff's motion for summary judgment which sought a declaration that it was not bound to defend or indemnify...
Evans v. New York City Housing Authority - 6/15/1999
OPINION OF THE COURT
Order, Supreme Court, New York County (Edward Lehner, J.), entered April 17, 1998, denying plaintiff's motion to restore the action to the trial calendar, unanimously reversed, on the law, the facts and in...
Pinto v. Ancona - 6/14/1999
Submitted - April 21, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, etc., the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Berler, J.), dated May 22,...
Falconieri v. A & A Discount Auto Rental - 6/14/1999
Submitted - April 29, 1999
OPINION OF THE COURT
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Belen, J.), dated July 24, 1998, which granted...
Home Insurance Co. v. United Services Automobile Association - 6/14/1999
Submitted - February 18, 1999
OPINION OF THE COURT
In an action, inter alia, to recover damages for breach of contract, (1) the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court,...
State Farm Mutual Automobile Insurance Co. v. Bentley - 6/10/1999
Appeal from an order of the Supreme Court (Relihan Jr., J.), entered January 26, 1998 in Tompkins County, which granted plaintiff's motion for summary judgment and made a declaration in its favor.
Defendant Katherine Shevalier...
New York Casualty Insurance Co. v. Shaker Pine - 6/10/1999
Appeal from an order and judgment of the Supreme Court (Kramer, J.), entered August 12, 1998 in Schenectady County, which, inter alia, granted defendants' motions for summary judgment and declared that plaintiff is obligated to...
In re Galgano - 6/10/1999
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner's request for accidental...
Marine v. Insurance Co. - 6/10/1999
OPINION OF THE COURT
Order, Supreme Court, New York County (Ira Gammerman, J.), entered May 11, 1998, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, with costs. ...
Egan v. A.J. Construction Corp. - 6/10/1999
OPINION OF THE COURT
Order, Supreme Court, New York County (Emily Goodman, J.), entered October 24, 1997, which, insofar as appealed from, denied defendants' motions for summary judgment, modified, on the law, to dismiss so much...
Alinkofsky v. Countrywide Insurance Co. - 6/8/1999
The individual plaintiff, Robin Alinkofsky, was insured under her parents' vehicle liability policy, issued by present defendant insurer Countrywide. She leased a car from a car rental agency, pursuant to which she elected coverage...
In re Metropolitan Property and Casualty Insurance Co. - 6/8/1999
In the Matter of Metropolitan Property and Casualty Insurance Company, Respondent, v. Dominic Mancuso, Appellant.
In the Matter of Nationwide Insurance Company, Respondent, Luigi DiGioacchino, Appellant.
This opinion is...
Markarian v. Hundert - 6/7/1999
Submitted - April 19, 1999
OPINION OF THE COURT
In an action to recover damages for personal injuries and wrongful death based on medical malpractice, the plaintiff appeals from an order of the Supreme Court, Queens County...
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