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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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Markard v. Bloom - 2/5/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. Order, Supreme Court, New York County (Edward Lehner, J.), entered December 17, 2002, which granted defendant's motion for summary...

Baker v. Joyal - 2/5/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: December 16, 2003 Appeal from a judgment of the Supreme Court (Dawson, J.), entered...

[T] Armstrong v. Foxcroft Nurseries - 2/5/2004
This opinion is uncorrected and will not be published in the printed Official Reports. Defendant Foxcroft Nurseries, Inc. (Foxcroft) moves pursuant to CPLR 4404(a) for an order setting aside the jury verdict and judgment entered...

Fernandez v. Otis Elevator Co. - 2/3/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. Plaintiff, a janitor employed by the College of Mount Saint Vincent (the college), was injured when he fell down an elevator shaft in...

Hooke v. Speedy Auto Center - 2/3/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. Order, Supreme Court, Bronx County (Barry Salman, J.), entered on or about August 20, 2001, which denied the motion by defendant...

Halikiopoulos v. New York Hospital Medical of Queens - 2/2/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 2436/98) In an action to recover damages for medical malpractice, etc., the plaintiffs...

Butler v. Dicanio - 1/29/2004
UNPUBLISHED This opinion is uncorrected and will not be published in the Official Reports. Order unanimously reversed without costs, motions by defendants and third-party defendant for summary judgment denied, and complaint...

Selective Insurance Company of America v. Mazure - 1/29/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. Judgment, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered February 27, 2003, after a non-jury trial, in favor...

In re Wiss (N.Y.App.Div. 01/29/2004) [1]      NEW YORK SUPREME COURT - 1/29/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. M-4551 Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department....

Root v. Hogan - 1/29/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: December 16, 2003 Appeal from an order of the Supreme Court (Ferradino, J.), entered...

Smith v. Delago - 12/31/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: November 21, 2003 Appeal from an order of the Supreme Court (Malone Jr., J.), entered...

Clark v. Interlaken Owners - 12/30/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. Judgment, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered December 20, 2001, on a jury verdict finding the infant...

In re Nwaigwe - 12/29/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. OPINION & ORDER DISCIPLINARY proceeding instituted by the Grievance Committee for the Second and Eleventh Judicial...

Quackenbush v. Gar-Ben Associates - 12/29/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. GLORIA GOLDSTEIN and WILLIAM F. MASTRO, JJ. DECISION & ORDER (Index No. 17842/00) In an action to recover...

McMurray v. Staten Island University Hospital - 12/29/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. WILLIAM F. MASTRO and REINALDO E. RIVERA, JJ. DECISION & ORDER (Index No. 13366/96) In an action to recover...

Grace Plaza of Great Neck - 12/29/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. ROBERT W. SCHMIDT and REINALDO E. RIVERA, JJ. DECISION & ORDER (Index No. 4381/00) In an action, inter alia, to...

Dalrymple v. Koka - 12/29/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. THOMAS A. ADAMS and STEPHEN G. CRANE, JJ. DECISION & ORDER (Index No. 20488/99) In an action to recover damages...

Coven v. Lutheran Medical Center - 12/29/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. ROBERT W. SCHMIDT and BARRY A. COZIER, JJ. DECISION & ORDER (Index No. 22237/01) In an action to recover...

Chiu-Caranese v. DeMeo - 12/29/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. STEPHEN G. CRANE and WILLIAM F. MASTRO, JJ. DECISION & ORDER (Index No. 36801/99) In an action to recover...

In re Rosenberg - 12/29/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. OPINION & ORDER DISCIPLINARY proceeding instituted by the Grievance Committee for the Second and Eleventh Judicial...

Miele v. American Tobacco Co. - 12/29/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. LEO F. McGINITY and DANIEL F. LUCIANO, JJ. DECISION & ORDER (Index No. 019125/97) In an action, inter alia, to...

Wong v. Tang - 12/29/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER In an action to recover damages for medical malpractice and wrongful death, the plaintiff appeals from a...

O'Gorman v. Journal News Westchester - 12/29/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. LEO F. McGINITY and ROBERT W. SCHMIDT, JJ. DECISION & ORDER (Index No. 5983/00) In an action to recover damages...

Ostia Medical - 12/26/2003
This opinion is uncorrected and will not be published in the printed Official Reports. The following named papers numbered 1 to 4 were submitted on this Notice of Motion on July 18, November 5, November 20 and November 24, 2003: ...

Blake v. Neighborhood Housing Services of New York City - 12/23/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. We are presented with the question whether a plaintiff who was injured while using a ladder may prevail in a Labor Law ยง 240 (1)...

Wasserman v. Staten Island Radiological Associates - 12/22/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. LEO F. McGINITY and BARRY A. COZIER, JJ. DECISION & ORDER ON MOTION (Index No. 1751/91) Motion by the defendant...

Musiaro v. Clarkstown Medical Associates - 12/22/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER In an action, inter alia, to recover damages for wrongful death based upon medical malpractice, the...

Illions v. Allstate Insurance Co. - 12/22/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 27941/99) In a consolidated action, inter alia, to recover damages for the bad faith...

Wallendorf v. Isabel Fish MPG. Co. - 12/22/2003
2003 NY Slip Op 51711(U) This opinion is uncorrected and will not be published in the Official Reports. Appeal by plaintiff from an order of the Civil Court, Kings County (A. Schack, J.), entered December 10, 2002, denying...

Maracallo v. Board of Education of the City of New York - 12/22/2003
This opinion is uncorrected and subject to revision before publication in the printed Official Reports. Edited for Publication Defendant moves to set aside a verdict of the jury which made: (1) an award of $6,000,000 to...

Songui v. City of New York - 12/22/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 10780/99) In an action to recover damages for personal injuries, the defendant City of...

Kavanagh v. Kavanagh - 12/22/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 18818/02) In an action to set aside a stipulation of settlement which was incorporated...

DiFranco v. Essig - 12/22/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 9226/01) In an action to recover damages for personal injuries and wrongful death, etc.,...

Losurdo v. Asbestos Free - 12/22/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. 3 No. 159 SSM 26 These appeals call for us to decide whether section 114-a(1) of the Workers' Compensation Law authorizes the...

Benitez v. City of New York - 12/18/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. Order, Supreme Court, New York County (Saralee Evans, J.), entered on or about November 27, 2002, which denied plaintiff's motion to...

Wells v. British American Development Corp. - 12/18/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: October 14, 2003 Appeal from a judgment of the Supreme Court (Malone Jr., J.),...

Moffitt v. Murray - 12/18/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: October 7, 2003 Appeals (1) from an order of the Supreme Court (Moynihan Jr., J.),...

Lepkowski v. State - 12/18/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. We are asked whether the claims in this consolidated action comply with the substantive pleading requirements of section 11(b) of the...

Zelizo v. Ullah - 12/18/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. Order, Supreme Court, New York County (Milton Tingling, J.), entered September 19, 2002, which, to the extent appealed from as...

Jackson v. Gas Company - 12/18/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: October 7, 2003 Appeal from a judgment of the Supreme Court (Dowd, J.), entered...

Reddy v. Ed-Sand Realty Corp. - 12/17/2003
This opinion is uncorrected and will not be published in the printed Official Reports. I. The Relevant Facts The plaintiff Michael Reddy ("Reddy") was employed as a plumber by Lakeside Technical Enterprises, Inc....

Desensa v. New York University Medical Center - 12/17/2003
This opinion is uncorrected and subject to revision before publication in the printed Official Reports. Introduction Motion by defendants New York University Medical Center and Peter Zakow, M.D., for summary judgment...

Escobar v. St. Vincent's Medical Center of Richmond - 12/17/2003
This opinion is uncorrected and will not be published in the Official Reports. Appeal by defendant from an order of the Civil Court, Richmond County (E. Vitaliano, J.), entered June 20, 2002, which denied its motion to dismiss...

Mountz v. Global Vision Products - 12/17/2003
This opinion is uncorrected and subject to revision before publication in the printed Official Reports. The plaintiffs are purchasers of Avacor, a hair loss treatment extensively advertised on television, in print and on the...

Smith v. Cattani - 12/16/2003
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 October 21, 2002, which granted defendant's motion for...

Kupka v. Emmerich - 12/15/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. THOMAS A. ADAMS and WILLIAM F. MASTRO, JJ. DECISION & ORDER (Index No. 554/01) In an action to recover damages...

Goldfarb v. St. Charles Hospital & Rehabilitation Center - 12/15/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. DANIEL F. LUCIANO and REINALDO E. RIVERA, JJ. DECISION & ORDER (Index No. 7735/98) In an action, inter alia, to...

UCP-Bayview Nursing Home v. Novello - 12/15/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. HOWARD MILLER and WILLIAM F. MASTRO, JJ. DECISION & ORDER (Index No. 13205/01) In a hybrid proceeding pursuant...

Pile Foundation Construction Co. - 12/15/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. GLORIA GOLDSTEIN and BARRY A. COZIER, JJ. DECISION & ORDER (Index No. 01/005494) In an action, inter alia, for...

Poma v. Ortiz - 12/15/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. ROBERT W. SCHMIDT and BARRY A. COZIER, JJ. DECISION & ORDER (Index No. 209/01) In an action to recover damages...

Cooper v. Hempstead General Hospital - 12/15/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. SANDRA L. TOWNES and BARRY A. COZIER, JJ. DECISION & ORDER (Index No. 25174/82) In an action to recover damages...

Zanki v. Cahill - 12/11/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about January 10, 2002, which granted a motion and cross...

Kennedy v. C.F. Galleria at White Plains - 12/11/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. Order, Supreme Court, Bronx County (Paul Victor, J.), entered February 26, 2003, which, in an action for wrongful death and other...

Kappes v. Cohoes Bowling Arena - 12/11/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: October 10, 2003 Appeal from an order of the Supreme Court (Lamont, J.), entered...

Thompson v. Saucke Brothers Construction Co. - 12/11/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: October 6, 2003 Appeal from a decision of the Workers' Compensation Board, filed...

Chase v. Cayuga Medical Center at Ithaca - 12/11/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: October 14, 2003 Appeal from an order of the Supreme Court (Relihan Jr., J.), entered...

[T] Marine Buffalo Associates - 12/9/2003
This opinion is uncorrected and will not be published in the printed Official Reports. This matter comes before the Court on a motion by Plaintiff Marine Buffalo Associates, L.P. ("MBA") for summary judgment on its complaint for...

Mouzalas v. City of New York - 12/9/2003
This opinion is uncorrected and will not be published in the printed Official Reports. The following papers, numbered 1 to 4 were read on this motion for: LATE NOTICE OF CLAIM: Papers Numbered Notice of...

McGovern v. Urena - 12/9/2003
This opinion is uncorrected and will not be published in the Official Reports. Plaintiff commenced this personal injury action in 1997. Due to plaintiff's failure to file a note of issue, the case was dismissed in Supreme Court...

Vyadro v. City of New York - 12/8/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER In an action to recover damages for personal injuries, (1) the plaintiff appeals, as limited by his brief,...

Vinikour v. Jamaica Hospital - 12/8/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 856/85) In an action to recover damages for medical malpractice, the plaintiff appeals...

Michalowski v. D'Alessandro - 12/8/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 16509/00) In an action to recover damages for medical malpractice, the defendants appeal...

Giordano v. Linwood - 12/8/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the...

Lindner v. Wilkerson - 12/8/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER In an action, inter alia, for a judgment declaring that the defendant National Ben Franklin of Illinois...

Ansbach v. Gorson - 12/8/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 7543/01) In an action to recover damages for medical malpractice, etc., the plaintiffs...

Ahearn v. Arvan - 12/8/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 20982/02) In an action to recover damages for medical malpractice, etc., the defendant...

Parker v. Parker - 12/8/2003
This opinion is uncorrected and subject to revision before publication in the printed Official Reports. This is a motion by the husband for an order pursuant to CPLR 3403(a) and DRL 249 granting a trial preference. The wife moves...

[T] Escudero v. Long Beach Medical Center - 12/5/2003
This opinion is uncorrected and will not be published in the printed Official Reports. Digest-Index Classification: Principal and Agent-- Physicians and Surgeons--Malpractice On June 23, 2002, Jose Hernandez (a.k.a. Joseph)...

Giglio v. Marino - 12/5/2003
This opinion is uncorrected and subject to revision before publication in the printed Official Reports. RELIEF REQUESTED: Summary Judgment dismissing the complaint in a dog bite case against Maria Marino who claims to have...

In re Estate Thayer - 12/5/2003
This opinion is uncorrected and subject to revision before publication in the printed Official Reports. OPINION OF THE COURT Joshua W. Thayer, the decedent herein, died intestate on October 18, 2001 as the result of...

Kerr v. Louisville Housing - 12/4/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: October 6, 2003 This personal injury action involves a fall from the roof of an...

Ireland v. Geico Corporation - 12/4/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: October 8, 2003 Numerous discovery disputes arose in this action commenced by...

Trinidad v. Lantigua - 12/4/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about July 10, 2003, which, upon the grant of plaintiff's...

Hogencamp v. AMSCAM - 12/4/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: November 17, 2003 Claimant was working as a stock person on February 11, 2000 when he...

Grzelecki v. Supperly - 12/4/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports. MEMORANDUM AND ORDER Calendar Date: October 17, 2003 In June 1998, Chester R. Grzelecki (hereinafter decedent) sought...

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