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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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Scott v. Brickhouse - 6/8/1998
Argued - April 23, 1998 OPINION OF THE COURT In an action to recover damages for wrongful death, the defendant Earl Holder appeals from an order of the Supreme Court, Kings County (Dowd, J.), dated May 8, 1997, which...

Lucido v. Vitolo - 6/8/1998
Submitted - April 1, 1998 OPINION OF THE COURT In an action, inter alia, to recover damages for personal injuries based upon lack of informed consent, the plaintiffs appeal from so much of an order of the Supreme Court,...

De Rienzo v. Zweig - 6/8/1998
Argued - January 23, 1998 OPINION OF THE COURT In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Lonschein, J.), entered January 14, 1997,...

Cavallino v. Sonsky - 6/8/1998
Submitted - April 29, 1998 OPINION OF THE COURT In an action to recover damages for medical malpractice, the defendants Ming Z. Huang and Methodist Hospital appeal from so much of an order of the Supreme Court, Kings County...

Ryder v. Knopick - 6/4/1998
Appeal from an order of the Supreme Court (Monserrate, J.), entered July 21, 1997 in Broome County, which granted a motion by defendants Thomas Sheredy and Thomas Perchinsky to dismiss the complaint against them for failure to...

Depeigne v. Medical Center and Medical and Health Research Association of New York City Inc. - 6/4/1998
Judgment, Supreme Court, New York County (Robert Lippmann, J.), entered October 15, 1996, which, in a medical malpractice action for "wrongful birth", granted defendant's trial motion for judgment as a matter of law, unanimously...

In re Greenier - 6/4/1998
Appeal from an order of the Family Court of Broome County (Pines, J.), entered October 3, 1996, which dismissed petitioner's application, in a proceeding pursuant to Family Court Act article 4, for a downward modification of his...

Acevedo v. New York City Health - 6/2/1998
OPINION OF THE COURT Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered May 2, 1997, which, after a jury trial, awarded plaintiff the principal sum of $8,598,054, unanimously modified, on the facts, to delete...

Durso v. City of New York - 6/2/1998
Order, Supreme Court, New York County (Walter Tolub, J.), entered January 9, 1997, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. In the course of evaluating...

Acevedo v. New York City Health and Hospitals Corp. - 6/2/1998
Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered May 2, 1997, which, after a jury trial, awarded plaintiff the principal sum of $8,598,054, unanimously modified, on the facts, to delete the hand-written...

Mazurkiewicz v. Alexeief - 6/1/1998
OPINION OF THE COURT In an action, inter alia, to recover damages for medical malpractice, Metrahealth Services, Inc., appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), dated May 6, 1997, which denied its...

Calo v. State Farm Mutual Automobile Insurance Co. - 6/1/1998
Argued - April 16, 1998 OPINION OF THE COURT In an action to recover damages for the bad-faith refusal to settle an underlying personal injury action, the plaintiff appeals from (1) an order of the Supreme Court, Nassau...

Murphy v. Jacoby - 5/26/1998
Argued: April 2, 1998 DECISION & ORDER In a medical malpractice action to recover damages for conscious pain and suffering and wrongful death, the plaintiff appeals from a judgment of the Supreme Court, Westchester...

Adelstein v. Waterview Towers - 5/26/1998
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT Submitted - April 8, 1998 DECISION & ORDER In an action, inter alia, to recover damages for wrongful death, the defendants...

Dellaglio v. Paul - 5/26/1998
Submitted - April 1, 1998 DECISION & ORDER In an action to recover damages for medical malpractice, etc., the plaintiffs appeal, as limited by their brief, from (1) so much of an order of the Supreme Court, Kings County...

Gross v. Kurk - 5/26/1998
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT Submitted - April 15, 1998 DECISION & ORDER In an action to recover damages for medical malpractice, the plaintiff appeals from...

McGuire v. Zarlengo - 5/26/1998
Submitted - February 25, 1998 DECISION & ORDER In an action to recover damages for medical malpractice, the plaintiff appeals (1) from so much of an order of the Supreme Court, Westchester County (Bellantoni, J.), dated...

Valente v. Richmond Orthopedic Associates - 5/26/1998
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT Submitted - April 15, 1998 DECISION & ORDER In an action, inter alia, to recover damages for medical malpractice, etc., the...

Bryant v. New York Health & Hospital Corp. - 5/26/1998
Argued: April 7, 1998 DECISION & ORDER In an action to recover damages for medical malpractice and wrongful death, the defendant appeals from so much of a judgment of the Supreme Court, Kings County (Rosenberg, J.),...

Monteleone v. Crow Construction Co. - 5/21/1998
SUPREME COURT, APPELLATE DIVISION First Department Second third-party defendant appeals from an order of the Supreme Court, New York County (Carol Arber, J.), entered January 15, 1997, which granted the motion of second...

Wayne v. City of New York - 5/19/1998
THE STATE OF NEW YORK Miscellaneous Reports Desicion/Order Currently, plaintiffs move for leave to amend their complaint to add AAA Emergency Supply Companies, Incorporated ("AAA") and to allege claims against The...

Yeboah v. Gaines Service Leasing - 5/19/1998
Order, Supreme Court, Bronx County (Barry Salman, J.), entered August 4, 1997, which, in this personal injury action, granted defendants' motion to compel a physical examination and oral deposition of plaintiff for the purpose of their...

Sperin v. Good Samaritan Hospital - 5/18/1998
Argued: March 31, 1998 DECISION & ORDER In an action, inter alia, to recover damages for medical malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Berler, J.), entered...

Feger v. Goldberg - 5/18/1998
Submitted - April 9, 1998 In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Lonschein, J.), entered March 24, 1997, which, upon the granting...

Crawford v. Lahiri - 5/18/1998
Submitted - April 9, 1998 DECISION & ORDER In an action, inter alia, to recover damages for wrongful death based upon alleged medical malpractice, the plaintiff appeals, as limited by her brief, from so much of an order...

People v. Hankin - 5/14/1998
KINGS COUNTY The defense now moves pursuant to C.P.L. 170.30 for dismissal of the second accusatory instrument filed by the prosecution on December 22, 1997, following this Court's dismissal of the first information by Decision...

Light v. State of New York - 5/14/1998
Calendar Date: March 27, 1998 Appeal from a judgment of the Court of Claims (Benza, J.), entered March 24, 1997, upon a decision of the court in favor of the State. An automobile accident occurred in December 1987 on State...

Powell v. City of New York - 5/12/1998
Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered December 26, 1996, which, in a consolidated action for wrongful death and personal injuries allegedly caused by a malfunctioning traffic light, denied appellant...

Forslund v. Nunez - 5/11/1998
Argued: March 30, 1998 DECISION & ORDER In an action to recover damages for medical malpractice, the plaintiff appeals from so much of a resettled order of the Supreme Court, Dutchess County (Hillery, J.), dated March...

In re Warkow - 5/11/1998
Paul J. Warkow has submitted an affidavit, dated March 13, 1998, wherein he tenders his resignation as an attorney and counselor-at-law (22 NYCRR 691.9). Mr. Warkow was admitted to the practice of law by the Appellate Division of the...

Romano v. Brooklyn Union Gas Co. - 5/11/1998
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT Submitted - March 27, 1998 DECISION & ORDER In an action to recover damages for personal injuries and wrongful death, etc., the...

Traina v. Grello Pediatrics - 5/11/1998
Submitted - January 14, 1998 DECISION & ORDER In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Suffolk County (Berler, J.), dated March...

A-One Oil Inc. v. Massachusetts Bay Insurance Co. - 5/11/1998
Submitted - March 30, 1998 DECISION & ORDER In an action, inter alia, for a judgment declaring that the defendants are obligated to defend and indemnify the plaintiff in an underlying personal injury/property damage...

In re Gary E. Rosenberg - 5/11/1998
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT Submitted - April 2, 1998 DECISION & ORDER In a proceeding to fix attorneys' fees, the petitioner appeals from (1) a decision of...

Lavista v. Huntington Hospital - 5/11/1998
Submitted - January 28, 1998 DECISION & ORDER In an action to recover damages for medical malpractice, the defendants Huntington Hospital, Leonard Fulgado, and John Perez appeal, and the defendant Lawrence Lippert...

Jennings v. Lefcon Partnership - 5/7/1998
Judgment, Supreme Court, Bronx County (Frank Diaz, J.), entered May 2, 1996, which, upon a jury verdict, dismissed the complaint as against defendant E.W. Howell, Inc., and judgment, same court and Justice, entered May 30, 1996, which,...

In re Corcoran - 5/5/1998
Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department. Respondent, as William Joseph Corcoran, was admitted to the Bar at a Term of the Appellate Division of the Supreme Court...

Zabari v. City of New York - 5/5/1998
Plaintiff appeals from an order of the Supreme Court, New York County (Walter Tolub, J.), entered January 21, 1997, which denied his motion to restore the action to the trial calendar. Plaintiff was injured when a police officer...

In re Caselnova - 5/5/1998
This appeal raises the issue of what conditions the State Board for Professional Medical Conduct can impose on a doctor placed on probation for professional misconduct. The Appellate Division held that certain conditions placed on the...

Nardi v. Hirsh - 5/5/1998
Order, Supreme Court, Bronx County (Bertram Katz, J.), entered January 24, 1997, which, as limited by plaintiff's brief, granted the motion of defendants Richard Memoli, M.D., and Richard Memoli, M.D., P.C., for summary judgment...

Petersen v. Lysaght - 5/4/1998
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT Submitted - January 22, 1998 DECISION & ORDER In an action to recover damages for legal malpractice in connection with the...

Calvanese v. Calvanese - 5/4/1998
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT Argued: January 6, 1998 DECISION & ORDER In an action to recover damages for personal injuries, the nonparty County of...

Catchpole v. U.S. Underwriters Insurance Co. - 5/4/1998
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT Argued: March 4, 1998 DECISION & ORDER In an action for a judgment declaring that the defendant U.S. Underwriters Insurance...

Antoine v. Gulmi - 5/4/1998
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT Argued: March 24, 1998 DECISION & ORDER In an action to recover damages for medical malpractice, Ronald James D'Angelo appeals...

Cicalese v. Caruana - 5/4/1998
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT Argued: December 15, 1997 DECISION & ORDER In an action to recover damages for medical malpractice, etc., the defendant appeals...

Buico v. Brown - 5/4/1998
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT Submitted - March 4, 1998 DECISION & ORDER In four related actions, inter alia, to recover damages for wrongful death, etc., the...

Reccardi v. County of Suffolk - 5/4/1998
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT Submitted - January 6, 1998 DECISION & ORDER In an action to recover damages for personal injuries, the nonparty Suffolk County...

P.S. Marcato Elevator Co. v. New York Marine and General Insurance Co. - 4/30/1998
Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered June 13, 1997, which, to the extent appealed from as limited by plaintiff's brief, granted defendant-respondents' motion and cross motion dismissing the complaint...

Rutnik v. Colonie Center Court Club - 4/30/1998
Calendar Date: February 17, 1998 Appeal from an order of the Supreme Court (Harris, J.), entered February 7, 1997 in Albany County, which denied defendants' motions for summary judgment dismissing the complaint. On November...

In re Janoff - 4/28/1998
SUPREME COURT, APPELLATE DIVISION First Department Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department. Respondent, as Lester David Janoff, was admitted to the Bar at a...

Jaffe v. New York Hospital - 4/28/1998
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered October 29, 1996, denying defendant's motion for summary judgment, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to...

Cabrera v. New York City Health and Hospitals Corp. - 4/28/1998
Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered February 29, 1996, which granted defendants' motion to dismiss the complaint for failure to comply with General Municipal Law ยง50-h(5), unanimously reversed, on the law,...

Tower Ins. Co. of New York v. Old Northern Blvd. Restaurant Corp. - 12/30/1997
Order, Supreme Court, New York County (Ira Gammerman, J.), entered May 9, 1997, which denied plaintiff's motion for summary judgment, unanimously reversed, on the law, without costs or disbursements, and plaintiff's motion for summary...

Mazzuoccolo v. Cinelli - 12/30/1997
Order, Supreme Court, Bronx County (Barry Salman, J.), entered February 7, 1997, which, to the extent appealed from as limited by the briefs, denied defendant-third-party plaintiff insured's motion for summary judgment on its...

Kirkland v. New York City Housing Authority - 12/23/1997
This is a wrongful death action brought on behalf of Brenda Lee Moore by her husband, Timothy Kirkland, and her mother, Katherine Moore. At the time of this incident, decedent Moore lived with her parents at 2955 Eighth Avenue,...

Nardi v. Hirsh - 12/23/1997
Order, Supreme Court, Bronx County (Bertram Katz, J.), entered September 30, 1996, which, in a medical malpractice action, granted defendants' motion for summary judgment insofar as made on behalf of defendant David M. Hirsch, M.D.,...

Frontier Insulation Contractors - 12/22/1997
Armstrong World Industries, Inc., et al., amici curiae. The narrow issue before us in this declaratory judgement action is whether the "product hazards" exclusions in the insurance policies at issue relieve defendant insurers of...

Rodriguez v. New York City Housing Authority - 12/17/1997
Order modified, with costs to appellant, and case remitted to Supreme Court, Bronx County, for further proceedings in accordance with the opinion herein and, as so modified, affirmed. Opinion by Judge Smith. Chief Judge...

Gonzalez v. Anchor Bank Corp. - 12/16/1997
[And A Third-Party Action] Order, Supreme Court, Bronx County (Barry Salman, J.), entered June 12, 1996, which, in an action against a bank to recover a deposit made on behalf of a minor, denied plaintiff's motion for summary...

Merchants Mutual Insurance Co. v. Allcity Insurance Co. - 12/4/1997
Appeals (1) from an order of the Supreme Court (Ceresia Jr., J.), entered October 2, 1996 in Rensselaer County, which, upon reargument, vacated a prior order granting plaintiff's motion for partial summary judgment, (2) from an order...

Blanco v. American Telephone and Telegraph Company - 11/25/1997
Progress begets promise and problems. Computer technology has ushered in the "information age" and helped to create a global workplace that is accessible from one's home or office. These cases present us with a difficult question...

Insurance Company of North America v. ABB Power Generation - 11/25/1997
In an appeal requiring the interpretation of New York's borrowing statute, CPLR 202, the United States Court of Appeals for the Second Circuit presented, by certified question, the following inquiry to this Court: "Had this action been...

In re Shutter v. Philips Display Components Company - 11/20/1997
This appeal presents the question whether a worker's compensation insurance carrier may invoke Workers' Compensation Law 29(4) to offset its future compensation payments to a claimant, who was disabled in a work-related auto accident,...

Maritza Otero v. Presbyterian Hospital - 2/4/1997
OPINION OF THE COURT Order, Supreme Court, Bronx County (Anne Targum, J.), entered July 10, 1995, which, inter alia, denied the cross-motion of defendant-appellant Montefiore Medical Center for summary judgment dismissing...

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