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Personal Injury/Negligence

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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…

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…

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…

In this Nassau County personal injury case plaintiff was a 16 year old cheerleader in a Carle Place School District.  While practicing a stunt wherein she would be torn the air with two fellow cheerleaders in as spotters under the supervision of the cheerleading coach.  There was a question of fact whether the …

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 …

Plaintiff must prove Serious Injury at Inquest

Abbas v. Cole recently decided by the Appellate Division, Second Dept. held that even when a defendant defaults the plaintiff must submit proof in admissible form of serious injury at inquest to prevail.   In the instant case defendant defaulted and in a motor vehicle accident case for personal…