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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Cannizzo v. Wijeyasekaran - 3/19/1999
(Appeal from Judgment of Supreme Court, Monroe County, Frazee, J. - Negligence.)
OPINION OF THE COURT
Judgment unanimously reversed on the law without costs and new trial granted. Memorandum: Natalie Cannizzo (plaintiff),...
Scott v. Institute for Urban Family Health - 3/18/1999
OPINION OF THE COURT
Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered May 5, 1998, which, inter alia, granted plaintiff's motion to vacate a default in complying with a conditional order of dismissal and...
Golds v. Aguila - 3/18/1999
Appeal from an order of the Supreme Court (Bradley, J.), entered March 19, 1998 in Ulster County, which, inter alia, granted the motion of defendant Fernando Del Aguila for summary judgment dismissing the complaint and all cross...
Shannon v. Schultz - 3/18/1999
Appeal from an order of the Supreme Court (Lynch, J.), entered August 10, 1998 in Schenectady County, which denied a motion by defendant Christopher G. Schultz for summary judgment dismissing the complaint and all cross claims...
Filiberto v. Herk's Tavern - 3/18/1999
Appeal from an order of the Supreme Court (Best, J.), entered January 14, 1998 in Montgomery County, which, inter alia, denied a motion by defendant MJM Diner Inc. for summary judgment dismissing the complaint against it. ...
Scharf v. Generali - 3/16/1999
OPINION OF THE COURT
Order and judgment (one paper), Supreme Court, New York County (Herman Cahn, J.), entered March 6, 1998, which, upon facts submitted pursuant to CPLR 3222, declared that defendant insurer is obligated to...
- 3/16/1999
OPINION OF THE COURT
MEMORANDUM.
Order unanimously affirmed without costs.
Defendant contends that he is appealing from the judgment entered March 31, 1998. His notice of appeal dated August 29, 1997, however, clearly...
Bernardo v. City of Mount Vernon - 3/15/1999
Submitted - January 20, 1999
OPINION OF THE COURT
In an action to recover damages, inter alia, for wrongful death, the defendant City of Mount Vernon appeals, as limited by its brief, from so much of an order of the Supreme...
Baez v. Lockridge - 3/15/1999
Argued - January 7, 1999
OPINION OF THE COURT
In an action to recover damages for personal injuries based on medical malpractice and lack of informed consent, the defendants appeal from an order of the Supreme Court, Orange...
Lane v. City of New York - 3/15/1999
Submitted - January 27, 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, Queens County...
In re Rosenkranz - 3/11/1999
OPINION OF THE COURT
Decree, Surrogate's Court, New York County (Renee Roth, S.), entered on or about March 27, 1998, which, inter alia, adJudged that the decedent was a domiciliary of the State of New York at the time of her...
Retz v. Alco Equipment - 3/11/1999
Cross appeals from an amended order of the Supreme Court (Malone Jr., J.), entered October 14, 1998 in Albany County, which partially denied defendant's motion for summary judgment dismissing the complaint and denied third-party...
Blake v. New York - 3/11/1999
Appeal from a judgment of the Court of Claims (Patti, J.), entered December 26, 1997, upon a decision of the court following a bifurcated trial in favor of claimant on the issue of liability.
On February 19, 1991, while...
Rigano v. Ski Windham Corp. - 3/8/1999
Argued - January 19, 1999
OPINION OF THE COURT
In an action to recover damages for the wrongful death of her husband, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Floyd, J.), entered December...
Culhane v. Schorr - 3/8/1999
Argued - January 12, 1999
OPINION OF THE COURT
In an action to recover damages for medical malpractice, the defendant Southampton Hospital Associates appeals from an order of the Supreme Court, Suffolk County (D'Emilio,...
Castricone v. Riggi - 3/4/1999
Appeal from an order of the Supreme Court (Caruso, J.), entered March 30, 1998 in Schenectady County, which determined that defendant Gerald R. Tommasone's excess liability insurance policy must first be exhausted before defendant...
Bouloy v. Westinghouse Air Brake Co. - 3/4/1999
OPINION OF THE COURT
Order, Supreme Court, Bronx County (Bertram Katz, J.), entered July 12, 1996, which denied plaintiff's motion for leave to amend the complaint to add additional party defendants, and order, same court and...
Czeisler v. Williams - 3/4/1999
OPINION OF THE COURT
Order, Supreme Court, New York County (Stanley Sklar, J.), entered March 19, 1998, which denied the motions by defendant Drs. Mears and Williams for summary judgment dismissing the complaint, unanimously...
Strategic Risk Management Inc. v. Federal Express Corp. - 3/2/1999
Plaintiff contends that the defendant carrier improperly collected a tax, as part of its rate, even though the taxing statute had temporarily lapsed. To the extent it seeks relief as a taxpayer, plaintiff is in the wrong forum and...
Marino v. Skil Corp. - 3/2/1999
OPINION OF THE COURT
Judgment, Supreme Court, New York County (Jane Solomon, J.), entered July 17, 1997, which, upon a jury verdict in favor of defendants Skil Corporation, Trataros Construction, Inc. and the Dormitory Authority...
Williams v. Brentwood Farmers Market Inc. - 12/31/1998
Submitted - June 24, 1998
OPINION OF THE COURT
In an action, inter alia, to recover damages for fraud, the defendants third- party plaintiffs appeal from an order of the Supreme Court, Suffolk County (Kitson, J.), entered...
Gibides v. Powell - 12/31/1998
(Appeal from Order of Supreme Court, Onondaga County, Tormey, III, J. - Summary Judgment.)
OPINION OF THE COURT
Order reversed on the law without costs, motion denied and complaint reinstated. Memorandum: On August 31,...
Government Employees Insurance Co. v. Chrysler Insurance Co. - 12/31/1998
(Appeal from Judgment of Supreme Court, Erie County, Burns, J. - Declaratory Judgment.)
OPINION OF THE COURT
Judgment unanimously reversed on the law without costs, motion granted, cross motion denied and judgment granted...
Monaco v. Camie-Campbell Inc. - 12/31/1998
(Appeals from Order of Supreme Court, Erie County, Whelan, J. - Summary Judgment.)
OPINION OF THE COURT
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following...
Carter v. Fantauzzo - 12/31/1998
(Appeal from Order of Supreme Court, Monroe County, Bergin, J. - Discovery.)
OPINION OF THE COURT
Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further...
Canastraro v. State Farm Mutual Automobile Insurance Co. - 12/31/1998
(Appeal from Judgment of Supreme Court, Erie County, Notaro, J. - Declaratory Judgment.)
OPINION OF THE COURT
Judgment unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiffs' cross motion for...
Yaniv v. Taub - 12/29/1998
OPINION OF THE COURT
Order, Supreme Court, New York County (Harold Tompkins, J.), entered on or about March 20, 1998, which granted individual defendant Noah Weg, M.D.'s motion for summary judgment, and which granted plaintiff's...
In re New York City Asbestos Litigation Elaine Ronsini - 12/29/1998
OPINION OF THE COURT
Judgments, Supreme Court, New York County (Karla Moskowitz, J.), entered September 8, 1997, to the extent appealed from, awarding the Ronsini plaintiff damages against Worthington Corporation and Atlas...
7 World Trade Co. v. Westinghouse Electric Corp. - 12/29/1998
OPINION OF THE COURT
Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered May 1, 1997, which awarded plaintiffs the sum of $1,399,968.74, bringing up for review an order of the same court and Justice entered...
Paccione v. Greenberg - 12/28/1998
Argued - October 29, 1998
OPINION OF THE COURT
In an action to recover damages for medical malpractice and wrongful death, etc., the defendant appeals, as limited by his brief, from so much of a judgment of the Supreme...
Wanagel v. Community Hospital of Dobbs Ferry - 12/28/1998
Argued - December 21, 1998
OPINION OF THE COURT
In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Fredman, J.), entered December 29,...
Rodriguez v. Yonkers Contracting Co. - 12/28/1998
Argued - September 29, 1998
OPINION OF THE COURT
In an action to recover damages for personal injuries and wrongful death, the third-party defendant, Certified Fence Corp., appeals from a judgment of the Supreme Court,...
Beljean v. Maiuzzo - 12/28/1998
Argued - December 3, 1998
OPINION OF THE COURT
In two related actions to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated...
Newman v. City of Glens Falls - 12/24/1998
Appeal from an order of the Supreme Court (Dier J.), entered July 15, 1998 in Warren County, which denied defendant's motion for summary judgment dismissing the complaint.
On July 15, 1995, plaintiff Joan E. Newman (hereinafter...
Osiecki v. Olympic Regional Development Authority - 12/24/1998
Appeal from an amended judgment of the Supreme Court (Dawson, J.), entered September 11, 1998 in Essex County, which granted defendant's motion to set aside the verdict and granted a new trial on the issue of damages.
On...
Gill Farms v. Darrow - 12/24/1998
Appeal from an order of the Supreme Court (Cobb, J.), entered September 23, 1997 in Ulster County, which, inter alia, denied defendant's motion for summary judgment dismissing the complaint.
Plaintiffs are the owners and...
Moschelle v. Fleet Bank - 12/24/1998
Appeal from an order of the Supreme Court (Dawson, J.), entered March 5, 1998 in Clinton County, which granted plaintiff's motion for summary judgment on the issue of liability.
A number of years ago, plaintiff's father was...
Heller v. Beth Israel Medical Center - 12/22/1998
OPINION OF THE COURT
Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered July 3, 1997, which granted leave to defendants to renew and reargue their motions for summary judgment, and, upon renewal and...
Massachusetts Bay Insurance Co. v. Stamm - 12/22/1998
OPINION OF THE COURT
Order, Supreme Court, New York County (Herman Cahn, J.), entered June 27, 1997, inter alia, granting plaintiff's motion for summary judgment to the extent of dismissing, without prejudice, defendants' fraud...
Mikinberg v. Bronsther - 12/21/1998
Argued - October 30, 1998
OPINION OF THE COURT
In a medical malpractice action to recover damages for personal injuries, etc., the defendant Dr. William Groeger appeals from so much of an order of the Supreme Court, Kings...
Prudential Property & Casualty Insurance v. Persaud - 12/21/1998
Argued - November 17, 1998
OPINION OF THE COURT
In an action for a judgment declaring that the plaintiff is not obligated to defend or indemnify the defendant Ricky Persaud with respect to a personal injury action entitled...
Stevens v. Bronx Cross County Medical Group - 12/17/1998
OPINION OF THE COURT
Judgment, Supreme Court, Bronx County (Stanley Green, J.), entered September 9, 1997, which, upon a jury verdict, awarded plaintiffs damages structured pursuant to CPLR 5031, unanimously affirmed, without...
Riley v. County of Broome - 12/17/1998
Appeal from an order of the Supreme Court (Monserrate, J.), entered March 20, 1998 in Broome County, which denied defendants' motion for summary judgment dismissing the complaint.
Plaintiff Betty A. Riley (hereinafter...
Crossett v. Schofell - 12/17/1998
Appeal from an order of the Supreme Court (Demarest, J.), entered January 26, 1998 in St. Lawrence County, which, inter alia, granted plaintiffs' motion for partial summary judgment on the issue of liability under Labor Law ยง240 (1)....
Provost v. Hassam - 12/17/1998
Appeal from that part of an order of the Supreme Court (Dawson, J.), entered October 27, 1997 in Clinton County, which denied defendant Donald T. Kasprzak's motion for summary judgment dismissing the complaint against him.
As a...
Sartin v. Amerada Hess Corp. - 12/17/1998
Appeal from an order of the Supreme Court (Best, J.), entered October 3, 1997 in Fulton County, which denied defendant's motion for summary judgment dismissing the complaint.
Plaintiff commenced this personal injury action...
Lawyers' Fund for Client Protection v. Bank Leumi Trust Co. - 12/17/1998
Appeal from that part of an order of the Supreme Court (Teresi, J.), entered July 23, 1997 in Albany County, which, inter alia, denied plaintiff's cross motion for summary judgment against defendants Bank Leumi Trust Company of New...
In re Greenier - 12/17/1998
Appeals (1) from an order of the Family Court of Broome County (Pines, J.), entered November 25, 1996, which dismissed petitioner's application, in a proceeding pursuant to Family Court Act article 4, for a downward modification of a...
In re Claim of Gerald Knapp - 12/17/1998
Appeal from a decision of the Workers' Compensation Board, filed January 23, 1996, which discharged the Special Fund for Reopened Cases from liability.
Claimant sustained a back injury in February 1985 for which he received...
Levine v. Drake Manor Inc. - 12/16/1998
Submitted - November 25, 1998
OPINION OF THE COURT
In an action to recover damages for personal injuries, etc., and a third-party action, inter alia, for a judgment declaring that the third-party defendant Public Service...
Lambos v. Weintraub - 12/16/1998
Submitted - November 18, 1998
OPINION OF THE COURT
In an action to recover damages for medical malpractice, the defendant Michael Weintraub appeals from an order of the Supreme Court, Westchester County (Coppola, J.), dated...
Iannarone v. Gramer - 12/16/1998
Argued - November 2, 1998
OPINION OF THE COURT
In an action to recover damages for legal malpractice, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Burke, J.),...
Allstate Insurance Co. v. Hereghty - 12/16/1998
Submitted - December 9, 1998
OPINION OF THE COURT
In an action for a judgment declaring that the plaintiff is not required to defend or indemnify the defendant Saverio Barbera in an underlying personal injury action, the...
1700 Associates v. Public Service Mutual Insurance Co. - 12/16/1998
Argued - November 24, 1998
OPINION OF THE COURT
In an action, inter alia, for a judgment declaring that the defendant has a duty to defend and indemnify the plaintiff in an action entitled Bell v 77 Realty Corp., pending in...
Artis v. Aetna Casualty & Surety Co. - 12/16/1998
Submitted - December 9, 1998
OPINION OF THE COURT
In an action for a judgment declaring that the defendant is liable to the plaintiff for the amount of a judgment entered against the defendant's insureds, Joe and Carrie Ann...
Rios v. 1420 Realty Co. - 12/15/1998
OPINION OF THE COURT
Order, Supreme Court, Bronx County (Bertram Katz, J.), entered July 10, 1997, which, inter alia, granted plaintiff's motion to strike defendants' answer unless they appeared for depositions within 30 days and...
Luneburg v. Wenig - 12/14/1998
Argued - October 13, 1998
OPINION OF THE COURT
In an action to recover damages for medical malpractice, the defendants appeal from a judgment of the Supreme Court, Nassau County (Dunne, J.), entered April 1, 1998, which,...
Hamilton v. City of New York - 12/14/1998
Argued - October 8, 1998
OPINION OF THE COURT
In an action to recover damages for personal injuries, etc., the defendants third-party plaintiffs, Schiavone Construction Co., Inc., Petro Concrete Structures, Inc.,...
Leonetti v. Das - 12/10/1998
OPINION OF THE COURT
Order, Supreme Court, New York County (William Davis, J.), entered June 9, 1997, which, in an action for medical malpractice, denied plaintiff's motion to serve a late notice of claim, unanimously affirmed,...
Chisolm v. St. Vincent's Hospital Medical Center of New York - 12/10/1998
OPINION OF THE COURT
Order, Supreme Court, New York County (Carol Huff, J.), entered July 30, 1998, which, insofar as appealed from, denied defendants' eve-of-trial oral motion to dismiss plaintiff's cause of action for wrongful...
In re Willis - 12/10/1998
Calendar Date: October 28, 1998
OPINION OF THE COURT
Appeal from a decision of the Workers' Compensation Board, filed September 17, 1997, which ruled that claimant was ineligible to receive workers' compensation benefits...
Morgan v. Beh - 12/10/1998
Appeal from an order of the Supreme Court (Dier, J.), entered December 11, 1997 in Warren County, which denied defendants' motion for summary judgment dismissing the complaint.
In this negligence action, plaintiff seeks to...
Chung v. Deli - 12/7/1998
Submitted - October 7, 1998
OPINION OF THE COURT
In an action to recover damages, inter alia, for wrongful death, the plaintiffs appeal from so much of an order of the Supreme Court, Kings County, dated October 9, 1997, as...
Kaliandasani v. Otsego Mutual Fire Insurance Co. - 12/7/1998
Argued - November 2, 1998
OPINION OF THE COURT
In an action, inter alia, for a judgment declaring that the defendant is obligated to defend and indemnify the plaintiffs in an action entitled Deyvon Johnson v Bhimsen...
State Insurance Fund v. Hermitage Insurance Co. - 12/7/1998
Argued - October 6, 1998
OPINION OF THE COURT
In an action, inter alia, for a judgment declaring that the defendant is obligated to defend the plaintiff Greenburgh/North Castle Union Free School District as a third-party...
Commercial Mutual Insurance Co. v. Wagschall - 12/7/1998
Argued - November 2, 1998
OPINION OF THE COURT
In an action for a judgment declaring, inter alia, that the plaintiff is under no duty to defend or indemnify the defendant Samuel Chaim Wagschall in a personal injury action...
National Union Fire Insurance Co. v. Hermitage Insurance Co. - 12/7/1998
Argued - October 6, 1998
OPINION OF THE COURT
In an action for a judgment declaring that the defendant Hermitage Insurance Company is obligated to defend and indemnify the plaintiff St. Christopher's- Jennie Clarkson Child...
In re Claim of Marvin R. Scotchmer - 12/3/1998
Calendar Date: October 28, 1998
OPINION OF THE COURT
Appeal from a decision of the Workers' Compensation Board, filed March 14, 1997, which, inter alia, ruled that claimant did not voluntarily withdraw from the labor market...
Metro-North Commuter Railroad Co. v. Yonkers Contracting Co. - 12/3/1998
OPINION OF THE COURT
Order, Supreme Court, New York County (Ira Gammerman, J.), entered May 16, 1997, which, after a nonjury trial in a declaratory judgment action concerning insurance coverage, rendered judgment in favor of...
Payant v. Imobersteg - 12/3/1998
(1) Appeal from an order of the Supreme Court (Dawson, J.), entered June 30, 1997 in Clinton County, which granted defendant Champlain Valley Physicians Hospital's motion for summary judgment dismissing the complaint against it, (2)...
Joseph Stephen Pagan v. Tiwari - 12/1/1998
OPINION OF THE COURT
Order, Supreme Court, Bronx County (Howard Silver, J.), entered January 29, 1998, which, in an action for medical malpractice, denied defendant-appellant regular doctor's motion for summary judgment...
Pagan v. Tiwari - 12/1/1998
Order, Supreme Court, Bronx County (Howard Silver, J.), entered January 29, 1998, which, in an action for medical malpractice, denied defendant-appellant regular doctor's motion for summary judgment dismissing the complaint as against...
Cohens v. Hess - 12/1/1998
In this appeal, we consider whether a plea of guilty to a traffic offense which by leave of court has been withdrawn can remain as admissible evidence in a subsequent civil action seeking damages. Because, under the circumstances of...
Hertz Corp. v. Government Employees Insurance Co. - 12/1/1998
SUPREME COURT, APPELLATE DIVISION
First Department, February 1998
Defendant appeals from an order of the Supreme Court
New York County (Barbara Kapnick, J.), entered on or about July 31, 1997, which, inter alia,...
Helgans v. Plurad - 11/30/1998
4347D M/jv __ AD2d __
Argued: October 23, 1998
DECISION & ORDER
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Seidell,...
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