Defendants denied an award of reasonable attorney’s fees although it was the prevailing party
Certain provisions of law allow for the collection of reasonable attorney’s fees to the prevailing party. These cases are important because, often times, the parties who take advantage of these fee shifting provisions would not be able to secure counsel without such a statutory scheme. Additionally, the fee shifting provisions provide a deterrent to Defendants to settle lawsuits to which there is no defense/limited likelihood of success for Defendants to prevail. Here, Plaint
School Related Injury Creates a Triable Issue of Fact
School age children fight and horse around. From School Suspensions and School Suspension Hearings to injuries on the playground or students injured by the school employees, Long Island has its share of problems related to the over one-hundred school districts it harbors. This case is no different. What appears to be children playing and an injury resulting therefrom may be evidence of negligence. The facts are as follows: On November 26, 2012, the infant plaintiff was a nint
Brooklyn Trip and Fall - Dangerous Condition in Sidewalk - Injury Lawsuit Revived on Appeal
Trip and Fall injuries in Brooklyn can be caused by broken sidewalks. Broken sidewalks and protruding trees into public walkways are more than just an eyesore. Anyone who travels through the boroughs of Manhattan usually relies on clear walkways in the otherwise crowded streets of New York. A protruding tree in a sidewalk or broken sidewalks can cause injury if one is to trip and fall. Trip and fall accidents can be life-changing. A hazardous condition in the sidewalk that re
Slip and Fall on Ice - Lack of Notice Prevented Injured Party from Recovery
Slip and Fall injuries can be catastrophic. New York winter months can cause icy and dangerous conditions on public and private property. Icy pavement is a condition hazardous to pedestrians and motorists alike. What is sometimes known as "Black Ice" can cause motorists to slide off the road, sometimes causing serious injuries from car accidents. This slip and fall on ice occurs in Nassau County. This Nassau County Slip and Fall is prevented from moving forward because of a n
Request for DNA Testing by Criminal Defendant Improperly Denied
Exoneration. Anyone who turned on a television in the past six months or watches the news knows that people are in prison who could not have done the crime for which he or she was convicted. Exoneration based on DNA evidence has caused such a rift in the criminal justice system that everyone from legislators to judges are rethinking how we prosecute and handle crime. Even individuals who have plead guilty were found to have been factually innocent. Part of the realization cul
Slip and Fall Injury - Question of Fact as to Whether the Danger was Open and Obvious
Personal Injury Slip and Fall cases can occur most anywhere. Practitioners should always detail the surrounding area where someone fell or have an investigator go to the place of the injury, take pictures and observe the area. Here, "Plaintiff tripped and fell on a step on a walkway on defendant's premises while crossing the campus during her lunch break." The question arises as to whether the danger, the step, was open and obvious. The Court notes that "plaintiff raised a tr
