Dix Hills Personal Injury - Second Department holds that hanging a speaker is an alteration pursuant
In Eddie goodwin v. Dix Hills Jewish, 2016 NY Slip Op 07293 (2d Dep't. November 9, 2016), the Second Department reverses the Supreme Court that granted the motion for summary judgment dismissing the Labor Law Section 240(1) cause of action. The work here was done on a temple in Dix Hills, New York. The Plaintiff was restoring and installing wood panel when the Plaintiff was asked to remove speakers. When the job was nearing its end, the Rabbi (head of the temple) asked that t
Notice of Claim not Required in this Instance - Sexaully Assaulted Prisoner can sue Sheriff for Sexu
The case is Villar v Howard, where the Court of Appeals was asked to determine "whether Erie County had a statutory obligation within the meaning of section 50-e (1) (b) to indemnify defendant, the Erie County Sheriff, such that a notice of claim was required." The Court of Appeals agreed with the "Appellate Division that no such statutory obligation exists and...conclude[d] that the complaint was otherwise sufficient to withstand a motion to dismiss" The Plaintiff here is a
Issues of Fact Precluded an award of Summary Judgment to Defendants in New York Car Accident Case
Have you been in an accident, injured - don't rely on a TV infomercial, call a lawyer. A great deal of negligence cases in New York are the result of car accidents. Although some car accidents do not result in any injury, after certain criteria are met (insurance law) the injury may be considered a serious injury pursuant to New York law. Here, the car accident allegedly resulted in serious injuries to such areas as the neck and back of both Plaintiffs. That issue, whether th
Police escape liability from personal injury lawsuit as a result of a Car Accident
Strange enough, an unlicensed driver was given access to a police vehicle. Why you ask? The Defendant worked at the Fordham car wash. The police, wanting to get the police vehicle cleaned, relinquished control of the vehicle to the defendant, who ran the police vehicle into the plaintiff. The court finds that the plaintiff failed to show that the police were negligent in failing to ascertain whether the plaintiff had a license. After all, he was a car wash attendant...The Cou
Court Should have considered unopposed affidavit of Plaintiff in Personal Injury Rear End Accident
The Plaintiff here submitted, in support of his motion for summary judgment, an affadivt stating he was stopped when his car was hit in the rear. Rear end accidents usually render the party who crashed into the back of the car liable as a matter of law (see below). New York drivers, if you are in a rear-end collision, you should call the Law Offices of Cory H. Morris - be sure to call the police the minute you are in a car accident and, if injured, seek medical care immediate
Judgment for the Defendants reversed; New York Labor Law Case Proceeds
Often times blue collar workers are injured due to the negligence of persons who are charged with making sure that these workers have safety gear and are afforded reasonable and adequate protection in their surroundings. New York Labor Law provides that, in some instances, there is a nondelegable duty to provide such protections. Here, our plaintiff was injurd while repairing a gate. The plaintiff gave sworn testimony that he utilized a tool of which the safety device, what h
