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Blog Posts in March, 2016

  • First Department Rules Where Plaintiff Is Sole Witness to Accident, He May Not Be Entitled to Summary Judgment Where Credibility In Issue

    First Department Rules Where Plaintiff Is Sole Witness to Accident, He May Not Be Entitled to Summary Judgment Where Credibility In Issue In a brief decision, the Appellate Division, First Department ruled that a decision denying the plaintiff's motion for summary judgment pursuant to Labor Law 240(1) was properly denied. In the case Smigelski v. Teachers Insurance and Annuity Association of ...
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  • First Department Affirms Summary Judgment to Plaintiff Pursuant to Labor Law 240(1) Where Ladder Wobbles Resulting in Fall

    First Department Affirms Summary Judgment to Plaintiff Pursuant to Labor Law 240(1) Where Ladder Wobbles Resulting in Fall In the case, Ocana v. Quasar Realty Partners, L.P. , the Appellate Division, First Department ruled on two issues which often appear in New York Labor Law cases. Both of these issues were decided in favor of the plaintiff and the lower Court's granting of summary judgment ...
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  • Cement Truck Crushes Man in Queens When Jack Fails

    Cement Truck Crushes Man in Queens When Jack Fails A 30 - year old man repairing a cement truck in Queens was critically injured Saturday when a jack failed and the huge vehicle fell on top of him. According to a report in the New York Post , the man was repairing the axle of the cement truck when the jack failed causing the huge vehicle to crush his torso and legs. An incident like this often ...
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  • Lead Poisoning in New York

    New York Lead Accident Attorneys The rich historical narrative surrounding New York City often also implies that many of the buildings are in fact relics of earlier decades and thus have been painted using lead paint, an activity that due to its dangerous side effects is now prohibited. As a result of the numerous health risks associated with the use of lead paint, it was outlawed in the United ...
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  • New York City Health and Hospitals Executive Resigns Due to Concerns Over Medical-Records System

    Proper medical record-keeping is a vital part of patient care in both a hospital and private clinic/office setting in New York. A failure to keep proper records is a violation of the standard of care in New York, can result in serious medical errors, and can form the basis for a claim of medical malpractice . As a follow-up to recent news over concerns that the New York City Health & Hospitals ...
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  • Medical Records Concerns Loom for New York City Health & Hospitals

    A new medical record-keeping system is being hastily implemented by New York City Health & Hospitals Corporation which is in charge of several City-owned hospitals in New York. According to an article published in the New York Post , the EPIC system is being rolled out in April despite concerns that it has not been adequately tested and simply is not ready. Critics fear that patient data and ...
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  • Queens Pedestrian Injured in Hit and Run Accident

    Hit and run accidents involving pedestrians in New York City seem to be approaching epidemic status. On Monday, the New York City Police Department found an unconscious 53-year old man lying in the street on the Queens side of the Midtown Tunnel. According to a report by CBS New York , the injured man was taken to Columbia-Presbyterian where the medical personnel informed the police that the man ...
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  • Billboard Distracting West Side Highway Drivers in New York City

    Distracted driving is a common problem throughout New York and is a growing area of personal injury law. Car accidents due to distracted driving can often result in serious injuries. Usually, accidents involved in distracted driving litigation center around cell phone use or texting while driving . A new potential cause of distracted driving accidents and, possibly litigation, involves billboards ...
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  • New Bike Sharing Program and Increased Bicycle Accidents -- NY Personal Injury Lawyer Dallin Fuchs

    Bicycling is a way of life for many residents of New York City. Bikes offer convenient and affordable transportation and are an excellent means of exercise and recreation for thousands. New York City has the highest rate of bicycle commuters of any city in the nation, according to the 2000 U.S. Census. In June 2009, New York City finished adding 200 miles of bike lanes and other safety ...
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  • Some NYPD Officers Still Using Banned Choke Hold

    When a New York City police officer or other law enforcement personnel use excessive force , civilians, suspects and prisoners can suffer catastrophic or fatal injuries . In cases such as these, injury victims and their families may be entitled to compensation from the City of New York. To obtain a successful verdict or settlement in an excessive force case, you need a law firm with the trial ...
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  • Emergency Room Error Leads to Shakeup at Coney Island Hospital

    When being admitted to the emergency room , injured and sick patients assume that they can trust the doctors and nurses to stabilize their injuries and illnesses. Unfortunately, emergency room physicians and nurses do not always succeed in effectively stabilizing the conditions of patients. Recently, as reported by the New York Post , a 47-year old woman's meningitis was mis-diagnosed in the ...
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  • Carbon Monoxide Scare in Queens

    As reported by CBS New York , 5 people were hospitalized following a Carbon Monoxide leak in Queens, New York. The exact cause and source of this poisoning is not yet known. In homes and other buildings, Carbon Monoxide(CO) comes from the boiler or furnace as a result of the burning of a fuel source. Carbon monoxide is an odorless, colorless gas that can build up indoors and poison people who ...
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  • New York City Housing Authority to Blame in Fatal Elevator Accident

    In a report issued by the New York City Department of Investigation, a fatal elevator accident which occurred on Christmas Eve of 2015 was entirely preventable as the New York City Housing Authority knew of the defective elevator and did nothing about it. Furthermore, an important safety device was disconnected for no apparent reason. As reported in the New York Daily News , this fatal accident ...
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  • Pedestrian Death Toll in New York City Keeps Rising

    Another pedestrian was killed in New York City on Monday. This time, a 77-year old woman was struck and killed by a black livery cab on Madison Avenue and 36th Street. The fatal accident as reported by the New York Times, can be found here . According to statistics posted in the article , at least 20 pedestrians and three cyclists have been killed in traffic accidents and more than 900 pedestrians ...
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