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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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Santiago v. Grenadier Realty Corp. - 12/27/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index Nos....

Kleynshvag v. GAN Insurance Co. - 12/27/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No....

Gulf Insurance Co. v. Kanen - 12/27/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No....

Galante v. Village of Sea Cliff - 12/27/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 300/02)...

Contarino v. North Shore University Hospital at Glen Cove - 12/27/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No....

Bothe v. Ross - 12/27/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No....

Czarnecki v. Welch - 12/23/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date:...

Stephen Fogel Psychological - 12/22/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the printed Miscellaneous Reports. Order modified by deleting the...

In re Massi - 12/22/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Factual Background This is a CPLR Article 78...

Great Canal Realty Corp. v. Seneca Insurance Company - 12/21/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Order, Supreme Court, New York County (Debra A. James, J.), entered January 7, 2004, which denied defendant's motion for summary judgment...

Flores v. Singh - 12/21/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Order, Supreme Court, Bronx County (Anne E. Targum, J.), entered September 19, 2003, which denied defendants' motion for summary judgment...

In re Village of Port Chester - 12/20/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. The Condemnees, Domenick D. Bologna and Bart A....

Schmiemann v. State Farm Fire and Casualty Co. - 12/20/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No....

Matthews v. St. Vincent's Hospital & Medical Center of New York - 12/20/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Based on the record of December 17, 2004 and the...

Guarneros v. Green 286 Madison - 12/20/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the printed Official Reports. Plaintiff Jose L. Guarneros commenced...

Kowal v. Deer Park Fire District - 12/20/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No....

State Farm Mutual Automobile Insurance Co. v. Linero - 12/20/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No....

Lopez v. Corines - 12/20/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No....

Lerner v. Kahn - 12/20/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No....

Hemingway v. New York City Health and Hospitals Corp. - 12/20/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No....

Guzov v. Manor Lodge Holding Corp. - 12/20/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No....

Guerin v. North Shore University Hospital - 12/20/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No....

Williams v. A&S;Department Store - 12/20/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Defendant and third-party defendant appeal from an order of the Civil Court of the City of New York, Bronx County, entered July 23, 2003 (Robert A....

Gordon v. Village of Bronxville - 12/17/2004
This opinion is uncorrected and will not be published in the printed Official Reports. On November 23, 2004, the parties and counsel appeared before the Court for the purpose of a settlement conference concerning the...

Zambrana v. New York City Transit Authority - 12/16/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. This is a personal injury action in which plaintiffs seek damages resulting from Mrs. Zambrana's fall between two subway cars onto...

Rodriguez v. Galin - 12/16/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. There is sufficient evidence in the record of this medical malpractice action to demonstrate the existence of triable issues of fact...

Adams v. Hilton Hotels - 12/16/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. Plaintiff's decedent, Joey Adams, was injured as he was attempting to leave the dais of a Friars' Club Roast in the ballroom of the...

Johnson v. Hudson River Construction Company - 12/16/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. MEMORANDUM AND ORDER Calendar Date: October 15, 2004 Appeal from an order of the Supreme Court (Canfield, J.), entered March 24, 2004...

In re Claim of Giancola - 12/16/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. MEMORANDUM AND ORDER Calendar Date: November 15, 2004 Appeal from a decision of the Workers' Compensation Board, filed May 13, 2002,...

Fuchsberg & Fuschberg v. Commissioner of Taxation and Finance - 12/16/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. MEMORANDUM AND JUDGMENT Calendar Date: October 18, 2004 Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to Tax...

R.M. Kliment & Frances Halsband - 12/16/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. In 1996, the Legislature amended CPLR 214 (6) to provide that the limitations period in non-medical malpractice claims is three years, whether the...

Carter v. City of New York - 12/16/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Upon the foregoing papers, defendant the City of New...

Allianz Underwriters Insurance Co. v. Landmark Insurance Co. - 12/16/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. This action arises from an underlying wrongful death action, Huthmacher, et al. v Dunlop Tire Corp., et al., commenced in Supreme...

U.S. Underwriters Insurance Company v. City Club Hotel - 12/16/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. The United States Court of Appeals for the Second Circuit, by two certified questions, has asked this Court to clarify whether an insured who...

Peyton v. State of Newburgh - 12/14/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. In this action for personal injuries and wrongful death arising out of a fire that occurred in an apartment occupied by plaintiff's...

Brooklyn Hospital Center v. One Beacon Insurance - 12/14/2004
This opinion is uncorrected and will not be published in the printed Official Reports. This is an insurance declaratory judgment action arising out of a worker's accident at a hospital construction site. Plaintiffs The Brooklyn...

Michaelis v. Graziano - 12/14/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. Respondent Dennis J. Graziano, Director of the Office of Professional Medical Conduct (OPMC), issued an order directing that a...

Lamana v. Jankowski - 12/14/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. Plaintiff was the front seat passenger in an automobile that collided with a truck driven by defendant Diakite Ousseine and owned by...

Zimmerman v. Tower Insurance Co. of New York - 12/14/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. In May of 1995, plaintiff brought an action against Skate Key Roller Rink, Inc. (Skate Key) for injuries she sustained on Skate Key's...

McPherson v. Abraham - 12/13/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 21441/97) ORDERED that the order is modified, on the law, by deleting the provision...

Berggren v. Saint Vincent's Catholic Medical Center of New York - 12/13/2004
This opinion is uncorrected and will not be published in the printed Official Reports. In this personal injury action, plaintiff William Berggren seeks to compel the defendants to comply with certain documentary disclosure...

Viola v. City of New York - 12/13/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 5199/00) ORDERED that the order and judgment is affirmed, with costs. The...

Martin v. Hudson Valley Associates - 12/13/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 3163/01) ORDERED that the order is reversed insofar as appealed from, on the law, with...

Lipschitz v. McCann - 12/13/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 30999/02) ORDERED that the appeal by the defendant Insall Scott Kelly Institute for...

Morales v. Yaghoobian - 12/13/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 935/02) ORDERED that the order and judgment is affirmed, with costs. In this action...

Leach v. North Shore University Hospital at Forest Hills - 12/13/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 268/99) ORDERED that the appeal from the order dated December 11, 2003, is dismissed, as...

Schiffer v. Speaker - 12/10/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. On September 29, 2000 Mark Schiffer met for the first...

De La Cruz v. New York City Health and Hospitals Corporation - 12/9/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about August 5, 2004, which, in an action for medical malpractice...

Jacobson v. Delta Air Lines - 12/9/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Order, Supreme Court, New York County (Edward H. Lehner, J.), entered April 20, 2004, which, to the extent appealed from as limited by the briefs,...

Grimes-Carrion v. Carroll - 12/9/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Order, Supreme Court, New York County (Milton A. Tingling, J.), entered June 4, 2004, insofar as it denied the motion of action no. 1 defendant and...

Wilson v. Metalcraft of Mayville - 12/9/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. MEMORANDUM AND ORDER Calendar Date: October 19, 2004 Appeal from an order of the Supreme Court (Canfield, J.), entered June 16, 2004 in...

Feeley v. St. Lawrence University - 12/9/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. MEMORANDUM AND ORDER Calendar Date: October 14, 2004 Appeal from an order of the Supreme Court (Demarest, J.), entered February 13,...

Progressive Insurance Co. v. Ford Motor Co. - 12/8/2004
This opinion is uncorrected and subject to revision before publication in the printed Official Reports. Without specifying a section of the CPLR, Defendant moves [presumably under CPLR 3211(a)(7)] to dismiss Plaintiff's...

Standard FIre Insurance Company v. Federal Pacific Electric Company - 12/7/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Defendant Federal Pacific Electric Company appeals from an order of the Supreme Court, New York County (Walter B. Tolub, J.), entered February 6,...

Williams v. Nassau County Medical Center - 12/6/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 13701/03) ORDERED that the order is reversed insofar as appealed from, on the law and as...

Taino v. Bernard - 12/6/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. DECISION & ORDER (Index No. 14866/00) In an action to recover damages for personal injuries and wrongful death, the defendant City...

Schneider v. Village of Great Neck Estates - 12/6/2004
This opinion is uncorrected and will not be published in the printed Official Reports. This Small Claims action was scheduled for trial on June 24, 2004. The defendant, Village of Great Neck Estates, moved in open court for an...

Insurance Corp. of New York v. Empire Construction Corp. of Long Island - 12/3/2004
This opinion is uncorrected and will not be published in the printed Official Reports. Upon the foregoing papers, defendant JRS Properties, LLC (JRS) moves for an order pursuant to CPLR 3211 (a) (7), dismissing the complaint of...

Warme v. City of New York - 12/2/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. Plaintiffs commenced this action alleging wrongful death of their son and related claims, as well as property damage to his vehicle...

Smith v. New York Central Mutual Fire Insurance Company - 12/2/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: October 18, 2004 Appeal from an order and judgment of the Supreme Court (Relihan Jr.,...

Harris v. Parwez - 12/2/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: October 13, 2004 Appeal from an order of the Supreme Court (Monserrate, J.), entered...

Star Medical Services P.C. v. Eagle Insurance Company - 12/1/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Appeal by plaintiff from an order of the Civil Court, Kings County (E. Prus, J.), entered on January 12, 2004, which denied its motion for summary...

Police Benevolent Association of New York State Troopers - 11/30/2004
This opinion is uncorrected and will not be published in the printed Official Reports. The complaint is dismissed upon the ground that the plaintiffs lack standing. The plaintiffs are three individual New York State Troopers and...

2833 Third Avenue Realty Associates v. Marcus - 11/30/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered on or about December 18, 2003, which, to the extent appealed...

Marsh v. Smyth - 11/30/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered December 10, 2002, which denied plaintiff's motion to charge...

Cruz v. Montgomery - 11/29/2004
This opinion is uncorrected and will not be published in the printed Official Reports. The principal issue presented on this motion is whether a party who has filed a Chapter 7 bankruptcy petition has the capacity to commence a...

Dic v. Brooklyn Hospital Center - 11/29/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 5632/98) ORDERED that the judgment is affirmed, without costs or disbursements. On...

Scarangella v. Laborde - 11/29/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 3647/02) ORDERED that the order is affirmed, with costs. The defendant's contention...

Daisernia v. Thomas - 11/24/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: October 15, 2004 The only question in this personal injury action is whether...

Ku v. Dana Alexander - 11/24/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: October 21, 2004 Claimant was injured after tripping over a piece of machinery at...

Beardsley v. Cohen - 11/24/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Plaintiff commenced an action for medical malpractice...

Standish-Parkin v. Lorillard Tobacco Co. - 11/23/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. Plaintiff seeks damages for the death of her decedent mother, who had started smoking cigarettes when she was a teenager or shortly...

Fireman's Fund Insurance Co. v. Abax - 11/23/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. Although the motion court correctly determined that the Zurich American policy did afford coverage to the commercial plaintiffs, the...

Rubeis v. Aqua Club Inc. - 11/23/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. An employer's liability for an on-the-job injury is generally limited to workers' compensation benefits, but when an employee suffers...

Smith v. Johnson & Johnson Co. - 11/22/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. This is a products liability action concerning the...

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