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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Rotundo v. S&C;Magnetic Resonance Imaging - 11/30/1998
4299D M/jv __ AD2d __
Argued: October 29, 1998
DECISION & ORDER
In an action, inter alia, to recover damages for medical malpractice, etc., the plaintiffs appeal from so much of (1) an order of the Supreme Court,...
Roman v. Turner Colours - 11/30/1998
4275D S/hu __ AD2d __
Submitted - October 21, 1998
DECISION & ORDER
In an action to recover damages for medical malpractice and products liability, etc., the defendant Jaftex Corp. appeals from an order of the...
In re State Farm Mutual Automobile Insurance Company - 11/30/1998
4309D M/mv __ AD2d __
Argued: October 29, 1998
DECISION & ORDER
In a proceeding pursuant to CPLR 7503 to stay the arbitration of an uninsured motorist claim, the petitioner appeals, as limited by its brief, from...
Moller v. Taliuaga - 11/30/1998
4281D B/jv __ AD2d __
Submitted - October 14, 1998
DECISION & ORDER
In an action, inter alia, to recover damages for legal malpractice, the plaintiffs appeal from an order of the Supreme Court, Richmond County...
Hawkins v. Lucier - 11/30/1998
4344D Y/hu __ AD2d __
Submitted - October 7, 1998
DECISION & ORDER
In an action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the...
Gavin v. Long Island Lighting Company - 11/30/1998
4232D S/jv __ AD2d __
Argued: October 26, 1998
DECISION & ORDER
In an action to recover damages for personal injuries and wrongful death, the defendant appeals from so much of an order of the Supreme Court, Nassau...
Baumgarten v. Slavin - 11/30/1998
4075D C/jv __ AD2d __
Argued: October 13, 1998
DECISION & ORDER
In an action, inter alia, to recover damages for medical malpractice, the defendants Michael Slavin and Long Island Jewish Medical Center appeal (1)...
National Amusements Inc. v. Scottsdale Insurance Co. - 8/27/1998
Order, Supreme Court, New York County (Barbara Kapnick, J.), entered January 27, 1998, which denied plaintiff's motion for summary judgment, unanimously reversed, on the law, with costs, the motion granted, and defendants are declared...
Brooks v. City of New York - 8/24/1998
Miscellaneous Reports
SUPREME COURT NEW YORK COUNTY
This is a personal injury action. Plaintiff moves, pursuant to CPLR 3103 and 2304, to quash the subpoena of a non-party, Plaintiff's treating physician. Defendant Columbia...
Gregorio v. City of New York - 8/20/1998
SUPREME COURT, APPELLATE DIVISION First Department, January 1998
[And Another Action]
Plaintiffs appeal from an order of the Supreme Court,Bronx County (Gerald Esposito, J.), entered May 13, 1996, which, upon a directed...
Steiner v. Jones - 8/20/1998
Order, Supreme Court, New York County (Carol Arber, J.), entered on or about March 12, 1997, granting plaintiffs' motion to set aside the jury verdict in favor of defendant as against the weight of the evidence, unanimously affirmed,...
Tenuto v. Lederle Laboratories - 8/17/1998
3355D
Argued: September 24, 1996
DECISION & ORDER ON MOTION
Motion by the respondent, in effect, pursuant to CPLR 5015(a)(5), to vacate a decision and order of this court dated December 2, 1996, which reversed an...
National Union Fire Insurance Co. v. Hartford Insurance Co. - 8/13/1998
SUPREME COURT, APPELLATE DIVISION
First Department, April 1998
In November 1990, Chaos Construction Corp. (Chaos) was hired as the general contractor for a construction project requiring the demolition of the existing roof,...
Wheeler v. City of New York - 8/10/1998
2923D
Argued: June 1, 1998
DECISION & ORDER
In an action to recover damages for personal injuries and wrongful death, the plaintiff appeals from an order of the Supreme Court, Kings County (R. Goldberg, J.), dated...
Crisci v. Sadler - 8/10/1998
2905D
Argued: May 26, 1998
DECISION & ORDER
In an action to recover damages for medical malpractice, the plaintiffs appeal from a judgment of the Supreme Court, Orange County (Slobod, J.), entered May 15, 1997,...
Barlow v. Harlem Hospital Center - 8/6/1998
Appellate Division, First Judicial Department
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered October 27, 1997, which denied defendants' motion for summary judgment dismissing the complaint as untimely,...
Timmins v. Beth Israel Medical Center--Kings Highway Division - 8/5/1998
Miscellaneous Reports
SUPREME COURT KINGS COUNTY
MEMORANDUM
The issue presented by the instant motion concerns who is to be served with a notice of claim in a wrongful death action against the New York City Health and...
Piccione v. 1165 Park Avenue Inc. - 8/3/1998
Miscellaneous Reports
In this personal injury action, all parties move to reargue by Order to Show Cause. Defendants Tasmin Looker and Andrew Looker ("Lookers") also seek renewal in their supporting Affirmation and Affidavit. ...
Boswell v. Leemilt's Petroleum (N.Y.App.Div. 07/30/1998)
[1]
Supreme Court of New York - 7/30/1998
Calendar Date: June 1, 1998
Appeal from an order of the Supreme Court (Lynch, J.), entered April 28, 1997 in Schenectady County, which granted defendants' motion for summary judgment dismissing the complaint.
In September...
Winney v. County of Saratoga - 7/30/1998
Calendar Date: May 29, 1998
Appeal from an order of the Supreme Court (Keniry, J.), entered January 8, 1997 in Saratoga County, which, inter alia, granted plaintiff's motion to vacate a default judgment entered against her. ...
Burnett v. Zito - 7/30/1998
Calendar Date: May 29, 1998
Appeals (1) from an order of the Supreme Court (Harris, J.), entered April 3, 1997 in Albany County, which accepted certain affidavits submitted by plaintiffs in response to defendants' motion for...
Walsh v. Turner Construction Co. (N.Y.App.Div. 07/30/1998)
[1]
Supreme Court of New York - 7/30/1998
Order, Supreme Court, Bronx County (Joseph Giamboi, J.), entered June 12, 1997, which granted defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the...
Lichtenstein v. State of New York (N.Y.App.Div. 07/30/1998)
[1]
Supreme Court of New York - 7/30/1998
Calendar Date: June 1, 1998
Appeal from a judgment of the Court of Claims (Hanifin, J.), entered June 4, 1997, which granted the State's motion to dismiss the claim.
After entering the westbound lane of State Route 17 in...
Fraylich v. Maimonides Hospital - 6/25/1998
OPINION OF THE COURT
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about September 30, 1997, which, in a medical malpractice action, denied plaintiffs' motion for an order directing defendants'...
Fish v. Fish - 6/25/1998
Appeal from an order of the Supreme Court (Keegan, J.), entered July 14, 1997 in Albany County, which denied defendant's motion to vacate a judgment of divorce.
Defendant and plaintiff were married on September 17, 1988....
Papineau v. Powell - 6/25/1998
Appeal from an order of the Supreme Court (Demarest, J.), entered May 20, 1997 in St. Lawrence County, which granted defendants' motion to dismiss the complaint for failure to comply with a prior court order.
Plaintiff...
Aetna Casualty & Surety Co. v. National Union Fire Insurance Co. - 6/25/1998
OPINION OF THE COURT
Order, Supreme Court, New York County (Ira Gammerman, J.), entered December 24, 1996, which denied plaintiff's motion for summary judgment declaring that defendant National Union is obligated to reimburse it...
Aetna Casualty & Surety Co. v. National Union Fire Insurance Co. (N.Y.App.Div. 06/25/1998)
[1]
Supreme Court of New York - 6/25/1998
Order, Supreme Court, New York County (Ira Gammerman, J.), entered December 24, 1996, which denied plaintiff's motion for summary judgment declaring that defendant National Union is obligated to reimburse it for the costs incurred in...
Salazar v. Fries - 6/23/1998
OPINION OF THE COURT
Judgment, Supreme Court, New York County (Stephen Ferradino, J.), entered April 24, 1997, after a jury trial, which apportioned liability 100% against defendant K-Mart corporation, and awarded plaintiff the...
Rodriguez v. Metropolitan Life Insurance Co. - 6/23/1998
OPINION OF THE COURT
Order and judgment (one paper), Supreme Court, New York County (Stuart Cohen, J.), entered on or about May 23, 1997, inter alia, declaring that fourth-party defendant insurer is not obligated to defend or...
Mark G. v. Sabol - 6/23/1998
Appeals and cross appeals from orders of the Supreme Court, New York County (Walter Tolub, J.), entered June 3, 1996, June 28, 1996, July 3, 1996, July 9, 1996 and July 11, 1996, which, inter alia, granted in part and denied in part...
Davies v. Slotkin - 6/22/1998
Submitted - May 6, 1998
OPINION OF THE COURT
In an action to recover damages for conscious pain and suffering and wrongful death due to medical malpractice, etc., the defendant appeals from an order of the Supreme Court,...
Boland v. Biordi - 6/22/1998
Submitted - June 18, 1997
OPINION OF THE COURT
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from stated portions of an order of the Supreme Court, Nassau County (Schmidt, J.), dated...
In re Lieberman - 6/22/1998
THE STATE OF NEW YORK Appellate Division, Second Judicial Department
DISCIPLINARY proceeding instituted by the Grievance Committee for the Second and Eleventh Judicial Districts. The respondent was admitted to the practice of law...
Stulberger v. Bellucci - 6/22/1998
Argued - May 18, 1998
OPINION OF THE COURT
In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Levitt, J.), dated June 26, 1997, which, upon an...
Kutsak v. Herschitz - 6/22/1998
Argued - May 14, 1998
OPINION OF THE COURT
In an action to recover damages for medical malpractice, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Bellard, J.), dated May 29, 1997, as...
Fuentes v. Brookhaven Memorial Hospital - 6/22/1998
Argued - May 15, 1998
OPINION OF THE COURT
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from (1) an order of the Supreme Court, Suffolk County (Gowan, J.), dated May 15, 1997, which...
Balendran v. North Shore Medical Group - 6/22/1998
Submitted - May 13, 1998
OPINION OF THE COURT
In an action to recover damages for medical malpractice, the defendant William C. Ivins, Jr., appeals (1) from an order of the Supreme Court, Suffolk County (Kitson, J.), dated...
Keith v. Schulman - 6/19/1998
Miscellaneous Reports
SUPREME COURT KINGS COUNTY
DECISION AND ORDER
Plaintiff, Pluma D. Keith, suffered an injury to the left eye as a result of being mugged. On March 4, 1993, he sought treatment from an...
Nealy v. US Healthcare Hmo - 6/18/1998
OPINION OF THE COURT
Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered May 19, 1997, which denied defendant Yung's motion for summary judgment, unanimously reversed, on the law, without costs, the motion...
Johnson v. New York City Health and Hospitals Corp. - 6/18/1998
Plaintiff appeals from a judgment of the Supreme Court, New York County (Ira Gammerman, J.), entered December 2, 1996, which, upon a jury verdict, awarded judgment in favor of defendants.
Plaintiff Eric A. Johnson brought a...
Hardt v. Latrenta - 6/18/1998
OPINION OF THE COURT
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered November 13, 1997, which, in an action for medical malpractice, denied defendant's motion for summary judgment dismissing the complaint,...
Thomas v. McGuire Service Corp. - 6/18/1998
OPINION OF THE COURT
Order, Supreme Court, Bronx County (Alan Saks, J.), entered on or about June 5, 1996, which granted plaintiff's motion to strike Chemical's answer pursuant to CPLR 3126, unanimously reversed, on the law, the...
Rosario v. Ottaviano - 6/18/1998
OPINION OF THE COURT
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered September 11, 1997, which denied defendant New York Downtown Hospital's motion for summary judgment dismissing the complaint as against it,...
Jones v. Town of Delaware - 6/18/1998
Appeal from an order of the Supreme Court (Graffeo, J.), entered September 8, 1997 in Sullivan County, which denied defendant Town of Delaware's motion for summary judgment dismissing the complaint against it.
Plaintiff...
Herbst v. Nevele Country Club - 6/18/1998
Appeal from an order of the Supreme Court (Bradley, J.), entered April 9, 1997 in Ulster County, which granted defendant's motion for summary judgment dismissing the complaint.
On March 19, 1993, while a guest at defendant's...
Beninati v. Yamaha Motor Co. - 6/17/1998
SUPREME COURT NASSAU COUNTY
In this personal injury action, the defendant manufacturer (Yamaha Motor Co., Ltd.) and national distributor (Yamaha Motor Corporation U.S.A., Inc.) (collectively "Yamaha") move for summary judgment....
Luce v. State of New York - 6/17/1998
Miscellaneous Reports
COURT OF CLAIMS
ORDER
Defendant's motion seeks an order permitting defense counsel to interview and prepare all State employees involved in the care and treatment of Frank J. Luce, Jr. outside...
Michigan Mutual Insurance Co. v. American & Foreign Insurance Co. - 6/16/1998
OPINION OF THE COURT
Order, Supreme Court, New York County (Helen Freedman, J.), entered on or about May 12, 1997, which granted plaintiff's motion for partial summary judgment as against defendant-appellant, unanimously...
Moorer v. City of New York - 6/16/1998
OPINION OF THE COURT
Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered March 24, 1997, which granted defendant-respondent's motion to set aside the verdict to the extent of directing a new trial on the issues of...
Drattel v. Toyota Motor Corp. - 6/16/1998
This Court must determine whether the National Traffic and Motor Vehicle Safety Act of 1966 preempts a state common-law action. The lawsuit is against a manufacturer, based on the theory of defective design due to the absence of an air...
Broadnax v. Gonzalez - 6/15/1998
Argued - March 31, 1998
OPINION OF THE COURT
In an action to recover damages for medical malpractice, etc., (1) the plaintiffs appeal from so much of an order of the Supreme Court, Westchester County (Fredman, J.), entered...
Government Employees Insurance Co. v. Pagano - 6/15/1998
Submitted - April 24, 1998
OPINION OF THE COURT
In a consolidated action for a judgment declaring that the plaintiff is not obligated to defend and/or indemnify the defendant Beth Marie Pagano in an underlying wrongful...
Witriol v. Travelers Insurance Group - 6/15/1998
Submitted - April 29, 1998
OPINION OF THE COURT
In an action for a judgment declaring, inter alia, that the defendant has a duty to defend and indemnify the plaintiff in an action entitled Fogel v Witriol, pending in the...
Kleeck v. Horton Memorial Hospital - 6/15/1998
Submitted - May 6, 1998
OPINION OF THE COURT
In an action, inter alia, to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Orange County (Slobod, J.), dated July 30, 1997,...
Robles v. City of New York - 6/15/1998
Argued - April 27, 1998
OPINION OF THE COURT
In related actions to recover damages for medical malpractice, etc., the plaintiffs in both actions, Luis Robles and Blanca Robles, appeal from an order of the Supreme Court,...
Murphy v. ERA United Realty - 6/15/1998
Argued - September 15, 1997
OPINION OF THE COURT
In an action, inter alia, to recover damages for discrimination based on sex and national origin pursuant to the New York State Human Rights Law (Executive Law article 15),...
McGurran v. Dicanio Planned Development Corp. - 6/15/1998
Argued - January 20, 1998
OPINION OF THE COURT
In an action to recover damages for personal injuries, the third-party defendant, DiCanio Residential Communities Corp., appeals from (1) a decision of the Supreme Court,...
Flanagan v. Southside Hospital - 6/15/1998
Argued - April 6, 1998
OPINION OF THE COURT
In an action to recover damages for medical malpractice, etc., (1) the defendant Southside Hospital appeals from a judgment of the Supreme Court, Suffolk County (Seidell, J.),...
Carson v. Brooklyn Union Gas - 6/15/1998
Submitted - April 29, 1998
OPINION OF THE COURT
In two actions to recover damages for personal injuries, the plaintiff in both actions, Anthony Wayne Carson, appeals from an order of the Supreme Court, Kings County...
Johnson v. New York City Board of Education (N.Y.Sup. 06/11/1998)
[1]
Supreme Court of New York - 6/11/1998
Miscellaneous Reports
SUPREME COURT QUEENS COUNTY
Motion by plaintiff to compel defendants to comply with plaintiff's supplemental demand for discovery and inspection; and cross motion by defendants for summary judgment...
Karney v. Arnot-Ogden Memorial Hospital - 6/11/1998
(1) Cross appeals from an order of the Supreme Court (Ellison, J.), entered March 31, 1997 in Chemung County, which, inter alia, partially granted defendant Lawrence Dolkart's motion to set aside the verdict, (2) appeal from an order...
Dort v. Aylmer - 6/11/1998
Miscellaneous Reports
SULLIVAN COUNTY
DECISION AND ORDER
Defendant Nicholas Wylie moves to dismiss the personal injury action against him on the ground that the action is barred by the Statute of Limitations....
Hoffmann v. S.J. Hawk Inc. - 6/11/1998
Miscellaneous Reports
SUPREME COURT QUEENS COUNTY
MEMORANDUM
FACTS
Plaintiffs commenced this action to recover damages for personal injuries and loss of services allegedly sustained as a result of a motor...
Driscoll v. Akron Fire Co. - 6/10/1998
(Appeal from Judgment of Supreme Court, Erie County, Michalek, J. - Damages.)
OPINION OF THE COURT
Judgment unanimously affirmed without costs. Memorandum: Plaintiff's 23-year- old son (decedent) was killed when the...
In re Wie - 6/10/1998
(Herkimer Co.)
Petition unanimously granted in part without costs and judgment granted in accordance with the following Opinion by Denman, P. J.: In this original CPLR article 78 proceeding, petitioner seeks a judgment...
Abraham v. Kosinski - 6/10/1998
(Appeal from Order of Supreme Court, Herkimer County, Parker, J. - Dismiss Pleading.)
OPINION OF THE COURT
Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion to dismiss the second...
Nunn v. GTE Sylvania Inc. - 6/10/1998
(Appeal from Order of Supreme Court, Chautauqua County, Gerace, J. - Discovery.)
OPINION OF THE COURT
Order unanimously affirmed with costs. Memorandum: In this wrongful death action, plaintiff alleges that a defective 400...
Holmes v. Weissman - 6/10/1998
(Appeal from Judgment of Supreme Court, Erie County, Mintz, J. - Negligence.)
OPINION OF THE COURT
Judgment unanimously affirmed without costs. Memorandum: Plaintiff commenced this medical malpractice action seeking damages...
Lester v. Chmaj - 6/10/1998
(Appeals from Order of Supreme Court, Onondaga County, Murphy, J. - Summary Judgment.)
OPINION OF THE COURT
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following...
Weed v. Meyers - 6/10/1998
(Appeal from Order of Supreme Court, Niagara County, Koshian, J. - Summary Judgment.)
OPINION OF THE COURT
Order unanimously affirmed without costs. Memorandum: These medical malpractice actions were commenced by...
Piper v. Kabar Manufacturing Corp. - 6/10/1998
(Appeal from Order of Supreme Court, Erie County, Rath, Jr., J. - Summary Judgment.)
OPINION OF THE COURT
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following...
Charell v. Gonzalez - 6/9/1998
OPINION OF THE COURT
Judgment, Supreme Court, New York County (Edward Lehner, J.), entered August 7, 1997, upon a jury verdict apportioning liability for plaintiff's injuries 51% against defendant and 49% against plaintiff and...
Leylegian v. Federal Paper Board Co. - 6/9/1998
OPINION OF THE COURT
Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about January 28, 1997, which granted plaintiff's motion to amend the complaint to add Peterson and Grant as defendants,...
Logue v. Velez - 6/9/1998
This discovery dispute arises out of a medical malpractice action in which plaintiffs-respondents Barbara and James Logue seek recovery for injuries that Barbara allegedly sustained while undergoing laparoscopic cholecystectomy surgery...
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