New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

Category Archives: Personal Injury/Negligence

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Two youths’ motion to dismiss complaints against them in personal injury case denied

Posted in Personal Injury/Negligence
Regis v. Condoleo Plaintiff Naomi Regis is seeking to recover damages from the defendant youths, Antonio Condoleo, Christian Wright and Donald Schumacher and their parents for injuries she sustained when she was struck in the face by a model rocket while stopped at a stop sign in Freeport, New York. Plaintiff Marie Regis is seeking … Continue Reading

Decision to permit late notice of claim in lacrosse accident reversed

Posted in Personal Injury/Negligence
Matter of Monfort v Rockville Centre Union Free School District Infant petitioner was running laps around the track at South Side High School in Rockville Centreduring a girls’ varsity lacrosse team practice when she was allegedly “blind-sided by a flying discus”. Petitioner was seeking to impose liability on the school district based on a theory … Continue Reading

Motion for summary judgment granted in case involving a physical education incident

Posted in Personal Injury/Negligence
Rosenthal v Arlington Central School District Defendant moved for summary judgment dismissing plaintiff’s complaint against school for an alleged injury on school grounds. The infant plaintiff was allegedly injured while participating in a baseball game during gym class. The students were playing with a foam-like ball and a foam bat with a plastic handle. While … Continue Reading

School-related personal injury damages dismissed

Posted in Personal Injury/Negligence
Diana Hallock v Riverhead Central School District Defendant appealed an order from Supreme Court denying its motion for summary judgment dismissing the complaint, an action to recover damages for personal injuries sustained on a school bus and at school. The defendant established its entitlement to judgment by submitting evidence proving no actual or constructive notice … Continue Reading

Rite Aid motion to place liability on New York City in personal injury case denied

Posted in Personal Injury/Negligence
Fernandez v. City of New York Defendant, Rite Aid, moved for an order dismissing plaintiff’s slip and fall complaint, alleging that the City of New York was on notice of the broken sidewalk and should be responsible for fixing it. Administrative Code of NYC states that the property owner is responsible for maintaining the sidewalk … Continue Reading

Personal injury case due to malfunctioning traffic light dismissed

Posted in Personal Injury/Negligence
Munoz v City of New York Plaintiff, New York City Police Officer Andres Munoz alleged that his police car was stuck by Defendant, Washington Vera, when responding to an emergency. Defendant, Petrocelli Electric Co., Inc. moved for summary judgment claiming that no issues of triable fact exist. Vera entered into the intersection while the light … Continue Reading

NYC’s motion for summary judgment denied- issue exists whether City had Notice

Posted in Personal Injury/Negligence
Early Childhood Center’s Motion for Summary Judgment Denied Castro v. City of New York Department of Education Index No. 104826/05 The Supreme Court of New York County denied defendants’ motion for a summary judgment.  Infant Plaintiff, three-year old “special needs” student, Nicholas Castro was allegedly injured by another student on three occasions at defendants’ early … Continue Reading

Plaintiff Raises Factual Issue Regarding Serious Injury

Posted in Personal Injury/Negligence
In this personal injury action defendant was granted summary judgment in that plaintiff did not suffer a serious injury within the meaning of the Insurance Law.  On appeal the Appellate Division Second Deparment held that the Plaintiff’s treating chiropractor in her affidavit created a question of fact based on her contemporaneous and most recent examinations … Continue Reading

SAFETY GLASS NOT REQUIRED IN SCHOOL

Posted in Personal Injury/Negligence
A high school student cut his hand on a glass door playing basketball in a Nassau County school. His mother sued on his behalf argued that the school should have had safety glass installed. The Appellate Division, Second Deparment granted Defendant Diocese of Rockville Centre summary judgment holding that the glass in the subject door complied with … Continue Reading

Village May Not Require Prior Notice of Defective Playground-

Posted in Personal Injury/Negligence
White v. Incorporated Village of Hempstead In this Nassau County personal injury case following a default judgment in favor of the defendant the plaintiff moved for vacatur of the default citing law office failure. Plaintiff’s motion was granted and defendant also moved for summary judgment claiming lack of notice of the defective playground where plaintiff was injured. The … Continue Reading