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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Tsachalis v. City of Mount Vernon - 6/7/1999
Argued - April 5, 1999
OPINION OF THE COURT
In an action to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Westchester County (Donovan, J.), dated April 9, 1998, which...
Meling v. Devi - 6/7/1999
Argued - April 6, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, the plaintiff appeals from (1) an order of the Supreme Court, Westchester County (Nastasi, J.), entered April 20, 1998,...
Medrano v. Lobasco - 6/7/1999
Submitted - April 20, 1999
OPINION OF THE COURT
In an action to recover damages for wrongful death, the defendants appeal from an order of the Supreme Court, Queens County (Durante, J.), dated April 23, 1998, which denied...
Estate of Michael Unterweiser v. Town of Hempstead - 6/7/1999
Argued - April 26, 1999
OPINION OF THE COURT
In an action, inter alia, to recover damages for wrongful death, the defendant Dennis Noskin appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated...
DiIorio v. National Union Fire Insurance Co. - 6/7/1999
Argued - April 6, 1999
OPINION OF THE COURT
In an action for a judgment declaring that the defendants have a duty to defend the plaintiff in an underlying personal injury action entitled Antonelli v DiIorio, pending in the...
Lopez v. Oquendo - 6/3/1999
OPINION OF THE COURT
Order, Supreme Court, New York County (Helen Freedman, J.), entered September 30, 1997, which directed defendant Jose Oquendo to produce all medical and hospital records relating to care and treatment he...
Woodson v. City of New York - 6/3/1999
MEMORANDUM:
The order of the Appellate Division should be reversed, with costs, and the complaint dismissed.
Plaintiff was injured when he fell on a defective concrete stairway leading from a Bronx sidewalk up to a...
Bennett v. Knipfing - 6/1/1999
Argued - April 8, 1999
OPINION OF THE COURT
In an action to recover damages for wrongful death, etc., the second third- party defendant Peter J. Periconi appeals from an order of the Supreme Court, Suffolk County (Doyle,...
Urbano v. Plaza Materials Corp. - 6/1/1999
Submitted - April 19, 1999
OPINION OF THE COURT
In an action to recover damages for wrongful death, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Scarpino, J.), entered January 27,...
Cohen v. Stanley - 6/1/1999
Argued - April 15, 1999
OPINION OF THE COURT
In an action to recover damages for personal injuries and wrongful death, the plaintiff, as executrix of the estates of Francis John Jacobiak and Dolores Jacobiak, appeals from...
Alcalay v. Town of North Hempstead - 6/1/1999
Argued - April 16, 1999
OPINION OF THE COURT
In an action, inter alia, to recover damages for wrongful death, etc., (1) the defendants Town of North Hempstead and County of Nassau separately appeal from so much of an order...
Russo v. D'urso - 6/1/1999
Submitted - April 13, 1999
OPINION OF THE COURT
In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Ingrassia, J.), entered...
Harrington v. Allstate Insurance Co. - 5/25/1999
OPINION OF THE COURT
Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered January 16, 1998, which denied plaintiff's motion for summary judgment, unanimously modified, on the law, to grant defendants summary...
Vergara v. Scripps Howard Inc. - 5/25/1999
OPINION OF THE COURT
Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered on or about March 6, 1998, denying Rockwell International Corporation's ("Rockwell") motion pursuant to CPLR 4404(a) for judgment...
Hartman v. City of New York - 5/25/1999
OPINION OF THE COURT
Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered March 3, 1998, which, in an action for wrongful death arising out of the explosion of a stove and ensuing fire in the decedent's apartment,...
Veneski v. City of New York - 5/25/1999
OPINION OF THE COURT
Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered August 13, 1998, which granted the motion of defendant-respondent landlords for summary judgment to the extent of declaring that...
Welch v. Good Samaritan Hospital - 5/24/1999
Submitted - April 14, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated April 20, 1998,...
Telfair v. City of New York - 5/24/1999
Argued - April 8, 1999
OPINION OF THE COURT
In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (R....
Rosmarin v. Lamontanaro - 5/24/1999
Argued - April 9, 1999
OPINION OF THE COURT
In an action to recover damages for personal injuries, the defendants appeal from a judgment of the Supreme Court, Queens County (Golia, J.), entered May 13, 1998, which, upon a...
Johnson v. Pollack - 5/24/1999
Submitted - April 7, 1999
OPINION OF THE COURT
In an action, inter alia, to recover damages for medical malpractice, etc., the defendant Martin I. Pollack M.D., d/b/a Richmond Physicians Services, P.C., appeals from (1) an...
Etter v. County of Nassau - 5/24/1999
Submitted - March 31, 1999
OPINION OF THE COURT
In an action, inter alia, to recover damages for medical malpractice, etc., the defendants appeal from an order of the Supreme Court, Nassau County (DiNoto, J.), dated April...
Tilcon New York Inc. v. Transcontinental Insurance Co. - 5/24/1999
Submitted - April 6, 1999
OPINION OF THE COURT
In an action, inter alia, for a judgment declaring the rights and duties of the parties with respect to an underlying personal injury action, the defendant third-party...
Zimmerly v. Good Samaritan Hospital - 5/24/1999
Submitted - April 7, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Cannavo, J.), entered May 27, 1998, which,...
McCoy v. Tepper - 5/24/1999
Aruged - April 9, 1999
OPINION OF THE COURT
In an action to recover damages for legal malpractice, the defendant appeals from an order of the Supreme Court, Dutchess County (Bernhard, J.), dated April 30, 1998, which denied...
Edin v. Halff - 5/24/1999
Argued - March 22, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, (1) the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Bellard,...
Machac v. Anderson - 5/20/1999
Appeal from a judgment of the Supreme Court (Torraca, J.), entered August 19, 1998 in Ulster County, which granted defendants' motions for summary judgment dismissing the complaint.
Plaintiff injured her lower back when she...
National Union Fire Insurance Co. v. Port Authority - 5/20/1999
OPINION OF THE COURT
Order, Supreme Court, New York County (Emily Goodman, J.), entered February 10, 1998, which, in this declaratory judgment action, interalia, granted the motion of plaintiffs and defendants on the...
Abate v. Long - 5/20/1999
OPINION OF THE COURT
Order, Supreme Court, New York County (Beverly Cohen, J.), entered January 5, 1998, which denied plaintiffs' motion to vacate the court's order of dismissal dated September 23, 1997, unanimously reversed, on...
Lebron v. St. Vincent's Hospital - 5/18/1999
OPINION OF THE COURT
Order, Supreme Court, New York County (Edward Lehner, J.), entered September 3, 1997, which, in accordance with a jury verdict, directed entry of judgment in favor of defendants St. Vincent's Hospital and...
Genen v. Metro-North Commuter Railroad - 5/18/1999
OPINION OF THE COURT
Order, Supreme Court, New York County (Emily Goodman, J.), entered March 31, 1998, which, in an action to recover for personal injuries, to the extent appealed from, denied defendant Hunter Excavating Corp.'s...
Savattere v. Subin Associates - 5/18/1999
OPINION OF THE COURT
Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered on or about February 23, 1998, which, insofar as appealed from as limited by defendants' brief, denied defendants' motion to dismiss the...
Ibguy v. New York - 5/17/1999
Argued - April 1, 1999
OPINION OF THE COURT
In a claim to recover damages for conscious pain and suffering and wrongful death based upon medical malpractice, the defendant appeals from an interlocutory judgment of the Court...
D'Abreau v. American Bankers Insurance Co. - 5/17/1999
Submitted - March 26, 1999
OPINION OF THE COURT
In Action No. 1 to recover insurance proceeds for an alleged accidental death, and Action No. 2 to recover damages, inter alia, for the wrongful death of Barry D'Abreau, the...
Sidor v. Zuhoski - 5/17/1999
Argued - November 2, 1998
OPINION OF THE COURT
In an action, inter alia, to recover damages for personal injuries (Action No. 1) and a related action, inter alia, to recover damages for wrongful death (Action No. 2), (1)...
Duche v. Star Recycling - 5/17/1999
Submitted - March 31, 1999
OPINION OF THE COURT
In an action to recover damages for wrongful death, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Rappaport, J.), dated June 3, 1998, which...
Desilva v. Rosenberg - 5/17/1999
Submitted - March 31, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Nassau County (Phelan, J.), dated June 1, 1998, which denied...
Barber v. Pfeiffer - 5/17/1999
Submitted - October 21, 1998
OPINION OF THE COURT
In an action to recover damages for medical malpractice, the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Floyd, J.), entered July 22, 1997,...
Darrow v. Krzys - 5/13/1999
Appeal from an order of the Supreme Court (Best, J.), entered March 30, 1998 in Montgomery County, which, inter alia, denied defendant's motion to dismiss plaintiffs' complaint.
The only issue on this appeal is whether...
Pardi v. Barone - 5/13/1999
Appeal from an order of the Supreme Court (Lynch, J.), entered April 16, 1998 in Schenectady County, which denied defendants' motion for summary judgment dismissing the complaint.
This personal injury action arises out of...
Nevarez v. City of New York - 5/13/1999
--- N.Y.S.2d ----
OPINION OF THE COURT
Judgment, Supreme Court, Bronx County (Bernard Burstein, J., at trial; Stanley Green, J., on certain motions after trial), entered on or about September 18, 1998, in a medical...
Lichtenstein v. State - 5/11/1999
This opinion is uncorrected and subject to revision before publication in the New York Reports.
MEMORANDUM:
The order of the Appellate Division should be affirmed, with costs. Decedent sustained fatal injuries after he...
- 5/10/1999
--- N.Y.S.2d ----
Submitted - March 31, 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, Kings County (Levine, J.), dated...
Williams v. Brentwood Wholesale Inc. - 5/10/1999
Submitted - March 31, 1999
OPINION OF THE COURT
In an action to recover damages for personal injuries, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County (Henry, J.), dated...
Sparacino v. Minnet - 5/10/1999
Argued - March 26, 1999
OPINION OF THE COURT
In an action, inter alia, to recover damages for negligence and wrongful death, nonparty Peter J. Kurshan appeals, as limited by his brief, from so much of an order of the...
S'doia v. Dhabhar - 5/7/1999
(Appeal from Order of Supreme Court, Oneida County, Grow, J. - Summary Judgment.)
OPINION OF THE COURT
Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of Gail C. Johnson, M.D.,...
Galdon v. Ring - 5/7/1999
(Appeal from Order of Supreme Court, Erie County, Cosgrove, J. - Discovery.)
OPINION OF THE COURT
Order unanimously affirmed with costs. Memorandum: Defendants contend that they are entitled to discover the identity of the...
Adam v. Park Ridge Hospital - 5/7/1999
(Appeal from Order of Supreme Court, Monroe County, Galloway, J. - Summary Judgment.)
OPINION OF THE COURT
Order reversed on the law without costs, cross motion denied, motion granted and complaint against defendant Tarun...
Weller v. Colleges of Senecas - 5/7/1999
(Appeal from Order of Supreme Court, Ontario County, Scudder, J. - Summary Judgment.)
OPINION OF THE COURT
Order unanimously affirmed without costs. Memorandum: Plaintiff appeals from an order that granted the motion of...
Smith v. Smith - 5/7/1999
--- N.Y.S.2d ----
(Appeal from Order of Supreme Court, Erie County, Sconiers, J. - Consolidation.)
OPINION OF THE COURT
Order unanimously affirmed with costs. Memorandum: Plaintiffs commenced an action seeking damages...
Brownlee v. Guarino - 5/7/1999
(Appeal from Order of Supreme Court, Wayne County, Sirkin, J. - Dismiss Pleading.)
OPINION OF THE COURT
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant's motion to dismiss the...
Olson v. Brunner - 5/7/1999
--- N.Y.S.2d ----
(Appeal from Order of Supreme Court, Erie County, Mintz, J. - Summary Judgment.)
OPINION OF THE COURT
Order unanimously reversed on the law without costs, motion granted and complaint dismissed....
In re Lehsten - 5/6/1999
In the Matter of Betty Lou Lehsten, Appellant, v. NACM-Upstate New York et al., Respondents, Workers' Compensation Board, Appellant.
May 6, 1999
[99 NY Int. 0069]
This opinion is uncorrected and subject to revision...
In re Claim of Gowdey - 5/6/1999
Calendar Date: April 7, 1999
OPINION OF THE COURT
Appeal from a decision of the Workers' Compensation Board, filed June 3, 1997, which ruled that claimant voluntarily withdrew from the labor market and denied his claim for...
Pettway v. Ogbonna - 5/6/1999
Appeal from an order of the Supreme Court (Meddaugh, J.), entered August 26, 1998 in Sullivan County, which granted plaintiffs' motion for a protective order.
In this personal injury action, defendant scheduled an independent...
Karlin v. Ivf America Inc. - 5/4/1999
In order to ensure an honest marketplace, the General Business Law prohibits all deceptive practices, including false advertising, "in the conduct of any business, trade or commerce or in the furnishing of any service in this state"...
D'Antonio v. Samuels - 5/3/1999
Argued - March 19, 1999
OPINION OF THE COURT
In an action to recover damages for legal malpractice, the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Doyle, J.), entered March 18, 1998, which, upon...
Serravillo v. Sterling Insurance Co. - 5/3/1999
Submitted - March 24, 1999
OPINION OF THE COURT
In an action to collect the proceeds of a homeowner's insurance policy issued by the defendant, the plaintiff appeals from an order of the Supreme Court, Kings County (Belen,...
Penske Truck Leasing Co. v. Eagle Insurance Co. - 5/3/1999
Submitted - March 16, 1999
OPINION OF THE COURT
In an action, inter alia, for a judgment declaring that the defendant must defend and indemnify the plaintiff in an underlying action entitled Latona v Ruvolo, pending in the...
O'Reilly v. Nelson - 5/3/1999
Argued - March 22, 1999
OPINION OF THE COURT
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from (1) an order of the Supreme Court, Nassau County (Davis, J.), dated February 28, 1998,...
Labella v. Alllstate Insurance Co. - 5/3/1999
Argued - March 15, 1999
OPINION OF THE COURT
In an action to recover underinsurance benefits under an automobile liability policy issued by the defendant to the plaintiff, the defendant appeals from an order of the Supreme...
Calvao v. St. John's Riverside Hospital - 5/3/1999
Submitted - March 18, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, the plaintiffs appeal, as limited by their brief, from (1) so much of an order of the Supreme Court, Westchester...
Bailey v. Agr Realty Co. - 4/29/1999
OPINION OF THE COURT
Order, Supreme Court, Bronx County (Howard Silver, J.), entered March 10, 1998, which, in a personal injury action under Labor Law §240(1), denied defendants' motion for summary judgment dismissing the...
Sorrentino v. Chiaramonte - 3/29/1999
Submitted - March 11, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Dutchess...
Castellano v. Metwaly - 3/29/1999
Submitted - February 10, 1999
OPINION OF THE COURT
In an action to recover damages for personal injuries and wrongful death, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Milano, J.), dated...
Cooper v. Bronx Cross County Medical Group - 3/25/1999
OPINION OF THE COURT
Judgment, Supreme Court, Bronx County (George Friedman, J., and a jury), entered June 9, 1998, in a medical malpractice action, awarding plaintiff damages for past and future pain and suffering of $500,000...
Nealy v. US Healthcare Hmo - 3/25/1999
99 N.Y. Int. 0035.
[99 NY Int. 0035]
Decided March 25, 1999
The novel question presented by this appeal is whether the Employee Retirement Income Security Act (ERISA) preempts plaintiff's medical malpractice, breach...
So v. Wing Tat Realty Inc. - 3/23/1999
OPINION OF THE COURT
Order, Supreme Court, New York County (Edward Greenfield, J.), entered January 12, 1998, to the extent that it reduced four items of a jury's award of damages in this joint personal injury action, unanimously...
In re Hammer - 3/23/1999
Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department. Respondent was admitted to the Bar at a Term of the Appellate Division of the Supreme Court for the Second Judicial...
Nevins v. Essex Owners - 3/23/1999
OPINION OF THE COURT
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered January 21, 1998, denying plaintiff's motion for summary judgment on the issue of liability on the Labor Law §241-a claim, unanimously...
Johanessen v. Singh - 3/22/1999
Submitted - January 5, 1999
OPINION OF THE COURT
In an action to recover damages for wrongful death arising from medical malpractice, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Weston...
Lanoce v. Anderson - 3/19/1999
(Appeals from Order of Supreme Court, Oneida County, Tenney, J. - Summary Judgment.)
OPINION OF THE COURT
Order unanimously reversed on the law without costs, motion denied and complaint and cross claim reinstated in...
Dryden Mutual Insurance Co. v. Brockman - 3/19/1999
(Appeals from Judgment of Supreme Court, Wayne County, Sirkin, J. - Declaratory Judgment.)
OPINION OF THE COURT
Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the...
Kelly v. New York - 3/19/1999
(Appeal from Judgment of Court of Claims, Corbett, Jr., J. - Negligence.)
OPINION OF THE COURT
Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Court of Claims for...
Jordan v. Lehigh Construction Group Inc. - 3/19/1999
(Appeal from Order of Supreme Court, Erie County, Sedita, Jr., J. - Dismiss Pleading.)
OPINION OF THE COURT
Order unanimously affirmed without costs. Memorandum: Plaintiff commenced this action to recover damages for the...
Kastick v. U-Haul Co. - 3/19/1999
(Appeals from Judgment of Supreme Court, Cayuga County, Siracuse, J. - Negligence.)
OPINION OF THE COURT
Judgment unanimously reversed on the law with costs to plaintiff and new trial granted. Memorandum: Supreme Court...
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