https://www.newyorktriallawyers.org/blog/Law Office of Michael H. Joseph, PLLC Blog2024-02-09T19:00:00-05:00https://www.newyorktriallawyers.org/blog/2024/02/09/2024-construction-safety-law-review-2156592024 Construction Safety Law ReviewOur New York City construction accident lawyers discuss the legal issues involved in several recent construction accidents in the New York City metro area.
2024-02-09T19:00:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsenyc-construction-accident-lawyers, manhattan-construction-injury-lawyers, new-york-wrongful-death-attorneys, brooklyn-construction-accident-attorneys, bronx-construction-accident-lawyers/2024/02/09/2024-construction-safety-law-review-215659https://www.newyorktriallawyers.org/blog/2024/01/01/2023-year-end-personal-injury-2154882023 Year End Personal Injury Law ReviewOur New York personal injury lawyers discuss the legal implications of recent accidents. 2023 ended in a series of deadly and tragic motor vehicle accidents.
2024-01-01T16:28:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsenew-york-car-accident-lawyers, new-york-fatal-car-accident-attorneys, nyc-pedestrian-accident-lawyers, nyc-bus-accident-lawyers/2024/01/01/2023-year-end-personal-injury-215488NYC Car accident lawyers, Fatal Car Crash Attorneyhttps://www.newyorktriallawyers.org/blog/2023/12/27/medical-malpractice-at-rikers-island-215476Medical Malpractice At Rikers IslandRikers Island, the notorious jail complex located in New York City, has long been a subject of criticism and scrutiny due to the rampant violence, neglect, and human rights violations that occur within its walls. Perhaps one of the most unsettling problems associated with Rikers Island and other New York City jails is the frequent occurrence of inmate deaths. However, what may be even more shocking is the fact that many of these deaths are believed to be the result of clear healthcare staff errors that are seldom disciplined. As detainee advocates and human rights groups call for increased accountability and scrutiny, it's critical to take a closer look at the current situation surrounding healthcare staff errors and inmate deaths at Rikers Island and other NYC jails.
2023-12-27T18:36:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsecan-i-sue-rikers-island-for-malpractice/2023/12/27/medical-malpractice-at-rikers-island-215476New York City, Rikers Island Medical Malpractice https://www.newyorktriallawyers.org/blog/2023/12/17/new-york-construction-related-fatalities-215450New York Construction Related Fatalities Are On The Risehe construction industry in New York City has grown exponentially in the past few years, making it an attractive destination for skilled workers. Unfortunately, the pace of growth also results in an increase in fatalities and injuries on construction sites. The latest report by the New York City Department of Buildings on construction injuries and fatalities for 2022 has revealed some alarming statistics that demand attention.
2023-12-17T16:42:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsenew-york-city-construction-accident-lawyer, nyc-construction-accident-lawyer-wrongful-death, can-i-sue-if-my-husband-was-killed-on-a-construction-site/2023/12/17/new-york-construction-related-fatalities-215450New York City Construction Accident Fatality https://www.newyorktriallawyers.org/blog/2023/11/08/fall-2023-personal-injury-review-215190Fall 2023 Personal Injury Review Our NYC personal injury lawyers and White Plains car accident lawyers discuss some recent accidents in New York and the legal issues surrounding the accidents. The fall of 2023 has been a particularly tragic time period for pedestrians in New York City.
2023-11-08T18:32:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsenyc-drunk-driving-injury-lawyers, new-york-personal-injury-attorneys, manhattan-pedestrian-accident-lawyers/2023/11/08/fall-2023-personal-injury-review-215190NYC Pedesitrian Accident Lawyershttps://www.newyorktriallawyers.org/blog/2023/10/22/how-the-grieving-families-act-215156How the Grieving Families Act Long-Overdue Justice Remains ElusiveHow the Grieving Families Act Can Deliver Long-Overdue Justice and Equity to New York's Courtrooms, but will the Governor sign the bill or continue to do the insurance company's bidding?
2023-10-22T14:09:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsenew-york-city-wrongful-death-lawyers, nyc-pedestrian-accident-lawyers, drunk-driving-accident-lawyers-new-york-city-and-westchester, ny/2023/10/22/how-the-grieving-families-act-215156New York Wrongful Death Lawyers https://www.newyorktriallawyers.org/blog/2023/09/21/legal-issues-surrounding-the-recent-215075Legal Issues Surrounding the Recent Tragic School Bus AccidentBus accidents can have devastating consequences for everyone involved. The recent news of a fatal bus rollover crash in the Hudson Valley, which killed two adults including a high school band director and critically injured at least five students, is just one example of the dangers associated with speeding. If you or someone you know has been injured in a bus accident, you may be wondering what legal steps you need to take to file a lawsuit. In this blog post, we will discuss the legal requirements for filing a bus accident lawsuit and related legal issues.
2023-09-21T21:22:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsenew-york-bus-accident-lawyers, upstate-new-york-bus-accident-lawyers/2023/09/21/legal-issues-surrounding-the-recent-215075https://www.newyorktriallawyers.org/blog/2023/08/18/summer-2023-personal-injury-law-215012Summer, 2023 Personal Injury Law RecapOur New York City personal injury lawyers and White Plains accident attorneys discuss recent accident cases and the legal issues surrounding these cases.
2023-08-18T22:25:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsewestchester-truck-accident-lawyers, white-plains-construction-accident-lawyers, westchester-rye-drunk-driving-accident-lawyers/2023/08/18/summer-2023-personal-injury-law-215012Westchester construction accident lawyerhttps://www.newyorktriallawyers.org/blog/2023/08/03/new-york-city-crane-collapse-214987New York City Crane Collapse: A Tale of Safety ViolationsThe last thing people on a busy Manhattan street expected to happen on their way to work Wednesday morning was for a massive construction crane to collapse right in front of them. Thankfully, no one was injured, but the incident has left many wondering how this could have happened, and why it hasn t been the first time. Reports have come out stating that the company responsible for the crane has a history of safety violations, and the operator of the crane was previously fined for a dangerous condition.
2023-08-03T08:17:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsenyc-construction-accident-lawyers, manhattan-crane-accident-attorneys/2023/08/03/new-york-city-crane-collapse-214987NYC Construction Crane Accident Lawyers https://www.newyorktriallawyers.org/blog/2023/08/03/fatal-car-accident-when-is-214986Fatal Car Accident: When is there Tree Liability On Saturday, July 29th, a 27-year-old man lost his life after a tree fell on his car in Westchester. The incident shook the community and left many wondering what legal actions can be taken in situations like this. While most people assume that when a tree falls, or a branch falls off and causes an accident, that is just an act of God, and no one was really at fault, but that is not always the case.
2023-08-03T07:47:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsecan-i-sue-if-a-tree-came-through-my-windshield/2023/08/03/fatal-car-accident-when-is-214986https://www.newyorktriallawyers.org/blog/2023/07/18/understanding-the-legal-implications-of-214951Understanding the Legal Implications of E-bike accidents in NYCNew York City is known for its busy streets, alleys and lanes, with people using various modes of transportation every day. The use of electronic devices like e-bikes, electric scooters, and other e-devices for transportation has increased rapidly over the years. However, recently released data shows that the number of deaths on e-devices exceeds those from bicycles, which raises concerns about the safety of these devices. For our clients who have been involved in an accident involving an e-device, it is important to understand the legal implications and their rights. In this blog post, we will analyze the legal implications of NYC deaths from e-devices.
2023-07-18T07:56:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsenyc-ebike-accident-lawyer, manhattan-lawyer-hit-by-car-while-riding-on-ebike/2023/07/18/understanding-the-legal-implications-of-214951NYC Ebike accident lawyerhttps://www.newyorktriallawyers.org/blog/2023/07/01/new-york-may-liberalize-challenging-214896New York May Liberalize Challenging Wrongful ConvictionsOur New York City wrongful conviction lawyers know that the criminal justice system is imperfect at best, and often times the truth does not come out until years after an innocent person has sat in jail for a crime that they did not commit. A new law may make it easier for New Yorkers that have been convicted after a plea of guilty, to challenge their convictions. New York is one step closer to ensuring that wrongful convictions can be overturned when new evidence comes to light. On Tuesday, the Democrat-led New York State Assembly passed a bill to overhaul the state s process for overturning convictions, making it easier for wrongfully convicted individuals to prove their innocence and clear their name. The bill s advocates claim that this legislation will help reduce the number of innocent people who are incarcerated or carry a wrongful conviction on their record.
2023-07-01T16:20:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsenew-york-wrongful-conviction-lawyers, lawyer-false-arrest-nyc/2023/07/01/new-york-may-liberalize-challenging-214896https://www.newyorktriallawyers.org/blog/2023/05/24/spring-2023-accident-recap-214733SPRING 2023 ACCIDENT RECAPThe Spring of 2023, involved two tragic wrongful death events in New York. These tragedies come at a time when the Grieving Families Act has been resubmitted in legislation. Although a prior version of the bill was already vetoed by New York's Governor, these recent tragedies highlight the financial and emotional losses inflicted on families of the deceased.
2023-05-24T08:03:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruenew-york-city-wrongful-death-lawyer, westchester-wrongful-death-attorney/2023/05/24/spring-2023-accident-recap-214733NYC Wrongful Death Lawyershttps://www.newyorktriallawyers.org/blog/2023/05/13/new-york-convictions-overturned-because-214456New York Convictions Overturned Because of Police Misconduct-The new District Attorney's Conviction Integrity units have discovered police misconduct sufficient to overturn hundreds of convictions in New York. In an important move towards justice, the Manhattan District Attorney, Alvin Bragg, recently announced that his office will be seeking to vacate 316 convictions related to crooked NYPD cops. For years, people have been fighting for the rights of those who have been wrongfully convicted due to the corrupt actions of certain police officers. Now, this long-awaited step has finally been taken.
The Westchester County's District Attorney also made a landmark decision to vacate 27 drug convictions due to potential police misconduct, after an investigation into the Mount Vernon Narcotics unit by the Conviction Integrity Unit. What rights to those who were wrongfully convicted have for compensation?
2023-05-13T12:56:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsecan-i-sue-for-a-wrongful-conviction, westchester-wrongful-conviction-lawyer, westchester-false-arrest-lawyer/2023/05/13/new-york-convictions-overturned-because-214456Westchester Wrongful Conviction Lawyer, Can I suehttps://www.newyorktriallawyers.org/blog/2023/05/10/several-nypd-police-officers-injuried-214445Several NYPD Police Officers Injuried in Separate Car AccidentsBetween February and May 2023, there were several tragic injuries to New York City police officers from motor vehicle accidents. Our NYC police line of duty accident lawyers know how tragic these incidents can be for the officers and their families. Often police officers who are injured in car accidents are entitled to more than just their line of duty pay under New York law and have the right to bring lawsuits against the negligent driver who caused their injuries. If the driver gets away and cannot be identified, or they have inadequate coverage, officers can look to their personal insurance policies for coverage.
2023-05-10T08:19:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsepolice-officer-injury-lawyer-new-york-city, nyc-police-officer-line-of-duty-injury-attorney, manhattan-police-officer-injury-lawyer, white-plains-police-officer-injury-lawyer/2023/05/10/several-nypd-police-officers-injuried-214445NYC Police Officer Line of Duty Injury Lawyerhttps://www.newyorktriallawyers.org/blog/2023/05/01/parking-garage-failure-early-reports-214411Parking Garage Failure- Early Reports Suggest NegligenceThe Manhattan parking garage collapse. Iniital reports indicate that negligence was likely the cause of the collapse.
2023-05-01T07:43:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsemanhattan-personal-injury-lawyers, nyc-lawyers-injury-from-structural-failure-building-collapse/2023/05/01/parking-garage-failure-early-reports-214411Manhattan personal injury lawyer building collapsehttps://www.newyorktriallawyers.org/blog/2023/04/01/fire-hazard-in-scooters-and-214308Fire Hazard in Scooters and HoverboardsIf you were injured because of a fire while using a Jetson Rogue self balancing scooter or hoverboard you may have a lawsut and should consult with our experienced New York product liablity lawyers.
2023-04-01T15:15:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalseattorney-for-lithium-battery-fires, new-york-city-product-liabilty-lawyers, nyc-dangerous-product-lawyers/2023/04/01/fire-hazard-in-scooters-and-214308New York City Scooter Injury Lawyerhttps://www.newyorktriallawyers.org/blog/2023/03/26/march-2023-construction-accident-reap-214253March 2023 Construction Accident Reap March 2023 was a tragic month with some very serious construction accidents, all of which were caused because of violations of New York's Labor Laws and Industrial Code. Our Manhattan and White Plains construction accident lawyers discuss the legal issues involved in these recent construction accidents throughout New Yortk State.
2023-03-26T18:33:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsenew-york-city-construction-accident-lawyers, westchester-construction-accident-attorneys, manhattan-construction-site-injury-lawyer/2023/03/26/march-2023-construction-accident-reap-214253New York City Construction Accident Lawyers https://www.newyorktriallawyers.org/blog/2023/03/19/is-governor-hochul-weak-for-214097IS GOVERNOR HOCHUL WEAK FOR TORT VICTIMSIs Governor Hochul really on the side of the average New Yorker? Her recent actions indicate otherwise.
2023-03-19T15:30:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsenew-york-personal-injury-lawyers-believe-that-governor-hochul-is-not-on-the-side-of-injured-new-yorkers/2023/03/19/is-governor-hochul-weak-for-214097https://www.newyorktriallawyers.org/blog/2023/02/19/the-latest-nyc-fatality-women-214096The Latest NYC Fatality- Women Hit By Police VehicleThe latest car crash fatality in New York occurred last week, in which an elderly woman was hit by a police vehicle and later died at the hospital. Wrongful death lawsuits in New York have a variety of loopholes that families seeking justice have to jump through.
2023-02-19T14:26:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsenyc-wrongful-death-attorneys, lawyers-who-sue-the-city, new-york-fatality-accident-lawyers/2023/02/19/the-latest-nyc-fatality-women-214096NYC wrongful death lawyers https://www.newyorktriallawyers.org/blog/2023/01/26/are-lease-provisions-that-they-214038Are Lease Provisions That They Are Not Responsible For Injuries ValidOur New York lawyers that represent tenants injured because of dangerous conditions in an apartment building know that lease agreements that try to disclaim a landlord's responsibility to avoid maintaining their property or shifting responsibility to the tenant are void as against public policy and in violation of General Obligations Law 5-321 and Real Property Law 235-b(1).
2023-01-26T09:44:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalse/2023/01/26/are-lease-provisions-that-they-214038https://www.newyorktriallawyers.org/blog/2023/01/25/first-quarter-of-2023-sees-214037First Quarter of 2023 Sees A String of Serious Fire Accident CasesBROOKLYN FIRE Tragedy struck Brooklyn on Sunday as a fatal fire engulfed an occupied apartment building, taking the life of one 13-year-old boy and injuring five more. Three firefighters were among those hurt in the blaze which broke out around 10:30 am at 129 Snyder Ave., near E 35th St in East Flatbush sparking investigations into its cause. Our experienced NYC fire accident attorneys know that human error is among the most common causes of fires and injuries and death in fires. WESTCHESTER FIRE The devastating fire that occurred recently in Northern Westchester County that resulted in the collapse of the property. Multiple tankers and a total of over 100 firefighters from across Westchester County responded to the scene, doing their best in spite of the limited water supply and windy conditions. The fire was brought under control by early morning on Monday, Jan. 16, after hours of hard work.The home sustained severe damage and part of the structure collapsed. Meanwh
2023-01-25T18:10:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsenyc-fire-accident-lawyer, new-york-firefighter-injury-lawyer, white-plains-fire-injury-attorney/2023/01/25/first-quarter-of-2023-sees-214037https://www.newyorktriallawyers.org/blog/2023/01/19/westchester-construction-accident-214023WESTCHESTER CONSTRUCTION ACCIDENTMahopac was the scene of a tragic construction accident on January 17, 2023. Our White Plains construction accident lawyers know how serious construction injuries can be.
2023-01-19T14:17:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsewhite-plains-construction-accident-lawyer, westchester-construction-injury-attorney, new-york-scaffold-accident-lawyer/2023/01/19/westchester-construction-accident-214023Westchester Construction Accident Lawyershttps://www.newyorktriallawyers.org/blog/2023/01/06/a-deadly-start-for-2023-213992A DEADLY START FOR 2023- CAR ACCIDENT CRASHES CLAIM SEVERAL LIVES Our New York City and Westchester car accident lawyers keep abreast of recent accidents and discuss the legal implications of accidents throughout New York City, Westchester and Rockland. The end of 2022 and beginning of 2023 saw a serious of deadly car accident and car accidents resulting in serious personal injuries.
2023-01-06T20:41:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsewestchester-county-ny-car-accident-lawyer, nyc-car-accident-attorney, new-york-city-wrongful-death-lawyers/2023/01/06/a-deadly-start-for-2023-213992New York City Car Accident Lawyers Wrongful Death https://www.newyorktriallawyers.org/blog/2022/11/27/new-york-fall-personal-injury-213893New York Fall Personal Injury RecapOur NYC personal injury lawyers keep abreast of the latest accidents that occur throughout New York City and Westchester; and our accident attorneys discuss the legal issues involved in these accidents.
2022-11-27T15:27:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsenyc-personal-injury-lawyers, manhattan-pedestrian-accident-lawyer, new-york-medical-malpractice-attorneys, westchester-police-injury-lawyers/2022/11/27/new-york-fall-personal-injury-213893NYC Personal Injury Lawyershttps://www.newyorktriallawyers.org/blog/2022/11/23/a-new-law-in-new-213891A New Law in New York Opens Window To File Sexual Abuse ClaimsMany sexual assault victims over time have suffered silently out of shame fear because of attitudes towards sexual abuse claims in prior decades. This lead to many victims going uncompensated and not pursuing either civil or criminal remedies out of shame or fear. Over time, with the Me Too movement, attitudes have changed and New York has recognized the injustice that has occurred because of psychochological or societal barriers towards sexual abuse victims seeking compensation and has enacted a new law that provides a one year window for sexual abuse victims to file lawsuits.
2022-11-23T07:44:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsenew-york-s-new-sexual-assault-rape-law/2022/11/23/a-new-law-in-new-213891Sexual Abuse Lawsuit Claims In New York https://www.newyorktriallawyers.org/blog/2022/10/19/is-the-dob-doing-enough-213830IS THE DOB DOING ENOUGH TO PREVENT CONSTRUCTION ACCIDENTS IN NYCA New York State Comptroller's report, which analyzed three years of New York City construction accident injuries and fatalities concluded that the New York City Building Department is not doing enough to prevent construction accidents and needs to be more vigilant with their inspections and in taking preventative actions.
2022-10-19T08:10:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsebrooklyn-construction-accident-lawyer, nyc-scaffold-accident-lawyer, manhattan-construction-wrongful-death-lawyer/2022/10/19/is-the-dob-doing-enough-213830New York City Construction Accident Lawyershttps://www.newyorktriallawyers.org/blog/2022/08/27/summer-2022-personal-injury-law-213364Summer 2022 Personal Injury Law RecapFrom our Midtown Manhattan office, our NYC personal injury lawyers discuss the legal issues involved in the latest occurrences in New York City resulting in personal injuries in New York City and the surrounding area, including Manhattan, the Bronx, Brooklyn, Queens and Brooklyn, as well as Westchester, Rockland and Long Island.
2022-08-27T17:02:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalsenyc-wrongful-conviction-lawyers, new-york-boat-accident-lawyers, nyc-hit-and-run-accident-lawyers, nyc-construction-accident-lawyers/2022/08/27/summer-2022-personal-injury-law-213364New York City, (NYC) Personal Injury Lawyers https://www.newyorktriallawyers.org/blog/2022/08/25/harvey-weinstein-was-there-legal-213358Harvey Weinstein- Was There Legal Error?While merely hearing the name Harvey Weinsten elicits a visceral reaction, the New York Court of Appeals has agreed to hear an Appeal from the First Department to consider whether the trial Judge committed legal error which caused prejudice to Harvey Weinstein.
2022-08-25T08:06:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruebest-nyc-criminal-defense-attorneys, the-harvey-weinstein-appeal, white-plains-criminal-defense-lawyers/2022/08/25/harvey-weinstein-was-there-legal-213358Harvey Weinstein Appeal, NYC Criminal Lawyers Viewhttps://www.newyorktriallawyers.org/blog/2022/06/13/new-york-personal-injury-law-213137New York Personal Injury Law Recap June 2022Our New York City personal injury lawyers and White Plains accident attorneys keep abreast of the occurences in New York City, Westchester, Rockland and Long Island that involve personal injury law issues. Here are a few of the incidents from June, 2022.
2022-06-13T18:52:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruenyc-car-accident-lawyers, manhattan-car-accident-attorneys/2022/06/13/new-york-personal-injury-law-213137New York Personal Injury Lawyerhttps://www.newyorktriallawyers.org/blog/2022/06/13/nyc-pedestrian-accidents-continue-to-213135NYC PEDESTRIAN ACCIDENTS CONTINUE TO CLIMB IN THE SUMMER, 2022Our New York City pedestrian accident lawyers know that pedestrians being hit by cars continues to be an unfortunate reality on New York City streets. Despite tough laws which favor the pedestrian and provide the pedestrian the right of way, these accidents continue to happen. Our NYC auto accident attorneys who represent pedestrians hit by cars discuss some of the latest incidents in New York City.
2022-06-13T08:16:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruenew-york-city-pedestrian-accident-lawyer, manhattan-attorney-for-pedestrians-hit-by-a-car/2022/06/13/nyc-pedestrian-accidents-continue-to-213135https://www.newyorktriallawyers.org/blog/2022/04/24/pedestrian-accidents-and-fatalities-on-212785PEDESTRIAN ACCIDENTS AND FATALITIES ON THE RISE IN 2022Our New York City personal injury lawyers provide legal analysis of recent events in New York City involving accidents that result in personal injury and death. The first four months of 2022 saw a sharp increase in pedestrian accidents and fatalities.
2022-04-24T13:48:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruenew-york-pedestrian-accident-lawyers, manhattan-personal-injury-attorneys, nyc-auto-accident-lawyers/2022/04/24/pedestrian-accidents-and-fatalities-on-212785New York City Personal Injury Lawyershttps://www.newyorktriallawyers.org/blog/2022/04/10/u-s-supreme-court-expands-scope-212099U.S. Supreme Court Expands Scope of Favorable TerminationThe United States Supreme Court's decision in Thompson v. Clark is a game changer, which drastically broadened the scope of favorable termination, which will allow people who were wrongfully prosecuted to sue, even if their case was dismissed before a trial. This is a direct reversal of Lanning v. Glen Falls, which previously held that to be able to sue for malicious prosecution the termination of the prosecution had to occur in a manner that was indicative of the accused' innocence. Now, whenever a prosecution is at its end, such that it cannot be brought again, it is favorable to the accused, so long as the prosecution did not result in a conviction.
2022-04-10T14:14:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruenew-york-city-malicious-prosecution-lawyers, westchester-false-arrest-attorneys, can-i-sue-if-i-was-wrongfully-charged-with-a-crime/2022/04/10/u-s-supreme-court-expands-scope-212099New York City Malicious Prosecution Lawyershttps://www.newyorktriallawyers.org/blog/2022/03/29/2020-and-2021-were-deadly-2120172020 and 2021 Were Deadly Year for New York City Construction WorkersIn 2021, nine construction workers suffered fatalities in work related accidents in New York City. Our New York City construction accident lawyers discuss the legal issues surrounding these construction accident fatalities.
2022-03-29T20:28:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruenyc-construction-accident-fatality-lawyer, new-york-city-construction-accident-lawyer, manhattan-construction-site-accident-lawyer, bronx-construction-death-lawyer/2022/03/29/2020-and-2021-were-deadly-212017https://www.newyorktriallawyers.org/blog/2022/03/27/plaintiff-wins-summary-judgment-in-211987PLAINTIFF WINS SUMMARY JUDGMENT IN QUEENS BUS ACCIDENT CASEOur New York City bus accident lawyers are aggressive and have utilized a tool, the summary judgment motion to win for our cleints. While summary judgment is often though of as a defense attorney's tool, to get a case dismissed, our New York bus accident lawyers, have gone on the offensive and have been using summary judgment to win out cleint's case. Our latest victory involved a bus accident case, where the bus company tried to use every nonsense excuse, and they still lost.
2022-03-27T11:34:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruenew-york-bus-accident-lawyers, queens-bus-accident-attorneys, best-nyc-bus-accident-lawyers, bus-accident-lawyers-near-me/2022/03/27/plaintiff-wins-summary-judgment-in-211987Queens NYC Bus Accident Lawyershttps://www.newyorktriallawyers.org/blog/2022/03/18/march-2022-personal-injury-law-211817March 2022 Personal Injury Law UpdateOur New York City personal injury lawyers and Westchester accident attorneys discuss recent events and provide legal analysis for events that occurred in March 2022. The analysis included recent newsworthy accidents in the New York Metropolitan area including Manhattan, the Bronx, Queens Brooklyn, Long Island and Westchester, including White Plains, Yonkers, Rye New Rochelle and Ossining.
2022-03-18T19:20:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruenew-york-personal-injury-lawyer, newburgh-construction-accident-attorneys, new-york-fire-accident-lawyer/2022/03/18/march-2022-personal-injury-law-211817NYC Personal Injury Lawyershttps://www.newyorktriallawyers.org/blog/2022/03/04/new-york-asylum-lawyers-who-211621New York Asylum Lawyers Who Represent UkrainiansWIth a war raging in Ukraine, do Ukrainians now qualify for Asylum in the United States? That is a question hundreds of thousands of people in Ukraine are now asking them selves.
2022-03-04T20:17:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsefalseasylum-lawyers-for-ukrainians, immigration-lawyer-ukraine-refugee, can-ukrainians-living-in-the-us-now-file-for-green-card-or-permanent-residence/2022/03/04/new-york-asylum-lawyers-who-211621Do Ukrainians in the US Now Qualify for Asylumhttps://www.newyorktriallawyers.org/blog/2022/01/23/nypd-perjury-exposed-what-does-211449NYPD PERJURY EXPOSED- WHAT DOES IT MEAN FOR THOSE WRONGFULLY CONVICTED257 Convictions were vacated because of a Bronx Detective's perjury.
2022-01-23T13:35:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruenew-york-city-wrongful-conviction-lawyers, new-york-malicious-prosecution-attorneys/2022/01/23/nypd-perjury-exposed-what-does-211449New York Wrongful Conviction Lawyerhttps://www.newyorktriallawyers.org/blog/2022/01/07/january-sees-several-serious-car-211377JANUARY SEES SEVERAL SERIOUS CAR ACCIDENTS, INCLUDING SOME FATALITIESThe first month of January, 2022, was filled with serious motor vehicle accidents across New York City, Westchester and the Hudson Valley. Our New York City auto accident attorneys and Westchester car accident lawyers discuss some of the recent events in the news and provide some legal analysis of the accidents.
2022-01-07T14:56:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruecar-accident, hit-and-run, westchester, nyc-car-accident-lawyer, nyc-bus-accident-lawyer/2022/01/07/january-sees-several-serious-car-211377Westchester Fatal Car Accident Lawyershttps://www.newyorktriallawyers.org/blog/2022/01/07/maritime-accidents-vessle-ulysse-rammed-211373Maritime Accidents: Vessle Ulysse, Rammed into Ship CSL VirginiaAnother Tragic Maritime Accident
2022-01-07T14:44:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruenew-york-boat-accident-lawyers, new-york-jones-act-lawyers/2022/01/07/maritime-accidents-vessle-ulysse-rammed-211373Jones Act Lawyer, New York Boat Accident Lawyerhttps://www.newyorktriallawyers.org/blog/2022/01/07/trooper-hospitalized-after-box-truck-211355Trooper Hospitalized After Box Truck Crashes Into CruiserAfter a Freightliner box truck driven by a Dutchess County citizen collided with a New York State Police cruiser in Westchester County, injuring a state trooper, an investigation is underway. The accident occurred around 6 a.m. on Tuesday, Nov. 30, in the town of Greenburgh, according to State Police.
The trooper had stopped his police car on I-87's southbound right shoulder and was monitoring traffic between exits 7 and 7A when the southbound Ace Endico food truck collided with the cruiser's driver's side, according to authorities. According to authorities, the trooper was transferred to Westchester Medical Center for non-life threatening injuries. He's been released since then. The car was severely damaged in the collision, according to authorities.
2022-01-07T13:49:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruenew-york-truck-accident-lawyers, westchester-car-accident-attorneys, new-york-police-line-of-duty-car-accident-lawsuit/2022/01/07/trooper-hospitalized-after-box-truck-211355https://www.newyorktriallawyers.org/blog/2021/12/26/4th-quarter-personal-injury-law-2113194th Quarter Personal Injury Law UpdateThe last few months of 2021, saw a serious of tragic events in which people were injured because of the negligence of others. This article discusses some of the events and the legal issues surrounding the accidents.
2021-12-26T14:18:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruenyc-personal-injury-lawyers, westchester-car-accident-lawyers, westchester-police-line-of-duty-injury-lawyer, westchester-wrongful-death-attorneys/2021/12/26/4th-quarter-personal-injury-law-211319Personal Injury Law Review, NYC & Westchesterhttps://www.newyorktriallawyers.org/blog/2021/12/06/falling-objects-on-new-york-211223Falling Objects on New York Construction SitesA falling object is one of the quintessential risks that Labor Law 240 was enacted to prevent. Labor Law 240(1) was enacted to prevent those accidents in which a hoist, stay or other device proved inadequate to shield a worker from harm directly flowing from the application of gravity to an object and is implicated where a worker is exposed to the risk of being hit by an object falling. Labor Law 240 (1) applies where the work posed an elevation-related hazard that called for the provision of a protective device and none was provided. Labor Law 240 requres that the devices be furnished in a manner sufficient to give proper protection to the workers who are exposed to a risk of a personal injury from a falling object.
2021-12-06T16:52:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruenew-york-city-construction-accident-lawyers, manhattan-construction-accident-lawyers, white-plains-construction-accident-lawyers, westchester-construction-accident-attorneys/2021/12/06/falling-objects-on-new-york-211223New York City construction accident lawyerhttps://www.newyorktriallawyers.org/blog/2021/11/22/the-law-of-prolonged-detention-211109THE LAW OF PROLONGED DETENTION CLAIMSWHAT IS A PROLONGED DETENTION CLAIM
In Russo v. City of Bridgeport,, the Second Circuit recognized that a Plaintiff could maintain an action for prolonged detention where a reasonable jury could find that the Defendant actively hid the exculpatory evidence, which resulted in the Plaintiff s prolonged incarceration. Russo v. City of Bridgeport, 479 F.3d 196, 210 (2007). The constitutional violation which was recognized in Russo, was the defendant-officers' failure to turn the footage over to prosecutors, which prevented them from discharging their own duty to disclose it, was akin to breach of their Brady obligations. Newson v. City of New York, 2019 U.S. Dist. LEXIS 143835, *12-13 (E.D.N.Y. 2019). Brady suppression can occur even when the government fails to turn over evidence that is known only to police investigators and not to the prosecutor, and the police therefore are under a duty to disclose exculpatory information to the prosecutor. Newson, supra, citing Yo
2021-11-22T18:25:00-05:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruenyc-police-misconduct-lawyer, wrongful-detention-attorneys-new-york/2021/11/22/the-law-of-prolonged-detention-211109Prologned Detention Claims and Police Misconducthttps://www.newyorktriallawyers.org/blog/2021/10/31/new-york-accident-law-review-210833New York Accident Law Review Late October- Early November 2021Our New York City and Westchester personal injury and accident attorneys analyze and update the legal issues involved in recent accidents that occurred in New York City and the surrounding areas.
2021-10-31T14:03:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruenew-york-personal-injury-lawyers-that-represent-victims-of-construction-accidents, building-fires-and-motorcycle-accidents/2021/10/31/new-york-accident-law-review-210833New York Personal Injury Lawyershttps://www.newyorktriallawyers.org/blog/2021/10/16/nypd-officers-state-that-arrest-209595NYPD officers state that arrest quota system targets Black and LatinoFour NYPD officers say in new sworn declarations that an off-the-books arrest quota system targeted Black and Latino New Yorkers with one cop recalling a white supervisor asking, Are you going to take someone s freedom today? The new documents, soon to be filed in Manhattan Federal Court, add further detail to a long-running suit launched by four other minority cops claiming they faced retaliation for not arresting enough people of color. White officers allegedly did not face the arrest expectations. Officer Charles Spruill, who retired in 2014, has come forward to claim he was yelled at on a daily basis to meet arrest quotas. On one occasion in the 40th Precinct a white supervisor asked an African-American police officer, Are you going to take someone s freedom today? Spruill, who is Black, says in his affidavit. The African-American police officer had no choice but to say, OK, boss. Last month, city attorneys filed a scathing submission in Manhattan Federal Co
2021-10-16T11:37:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruenyc-false-arrest-attorney, malicious-prosecution-lawyer-new-york/2021/10/16/nypd-officers-state-that-arrest-209595arrest, target, black and latinohttps://www.newyorktriallawyers.org/blog/2021/10/15/nyc-buildings-department-shuts-down-210181NYC Buildings department shuts down more than 300 construction sitesMore than 300 city construction sites have been shut down this month because building inspectors found glaring safety violations. The 322 sites, more than a third of which were in Brooklyn, were shuttered during a massive zero-tolerance safety sweep conducted by the Department of Buildings designed to tamp down on construction deaths in the city. Seven hardhats have died in construction-related accidents so far this year, including three in May alone, Buildings officials said. Those killed include 32-year-old Queens resident Diego Lliguicota, who was working on the sixth floor of a Long Island City building when he fell down an elevator shaft on May 22. Just five days later, on May 27, a 49-year-old Brooklyn construction worker died after he fell four stories off the roof of a Flatbush bank he was helping demolish. He was not tethered to anything, he lost his balance and fell, authorities said. Eight hardhats were killed in construction accidents in 2020, even after all nonessen
2021-10-15T15:25:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruenyc-construction-accident-lawyers-who-sue-for-unsafe-site-conditions/2021/10/15/nyc-buildings-department-shuts-down-210181construction laws,buildings, accidentshttps://www.newyorktriallawyers.org/blog/2021/08/26/57-on-board-tour-bus-21018557 On Board Tour Bus From Hudson Valley Hospitalized After Crash On NYEvery year, thousands of bus accidents occur in the state of New York and the nation as a whole. The Bureau of Transportation Statistics estimates that there were 60,000 bus accidents nationwide in 2018. According to the New York Police Department, over 200 busses were involved in accidents in November 2020 alone. Assuming 200 is the average per month for New York City, that means over 1,200 bus accidents will occur in the city in a single year. Bus accidents are commonplace, and they can be dangerous for both drivers and passengers. A tour bus headed from the Hudson Valley crashed on the New York Thruway about 25 miles west of Syracuse, sending 57 people to the hospital. The crash happened Saturday afternoon, Aug. 14 on westbound I-90 near Exit 40 (Weedsport) in Cayuga County when it exited the roadway for an unknown reason and rolled over onto the grassy shoulder, according to New York State Police. All 57 occupants, including the driver, were transported for injuries ranging from
2021-08-26T15:28:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruenew-york-bus-accident-lawyers, nyc-bus-accident-lawyers/2021/08/26/57-on-board-tour-bus-210185Bus accident, damage, compensation, liabilityhttps://www.newyorktriallawyers.org/blog/2021/08/26/brooklyn-scaffold-failure-left-woman-210183Brooklyn scaffold failure left woman with brain damageOne moment on June 30, 2019, a 32 New York woman, was celebrating a promotion in the outdoor courtyard of Mission Dolores, a now-closed bar in Gowanus. The next, she was knocked out, lying in a pool of her own blood after a scaffolding on the roof of a building at 243 Fourth Ave., next door to the bar, plunged 12 stories to the ground. In an instant, the Brooklyn woman's life changed because construction and scaffolding companies ignored basic safety rules. Now the Brooklyn woman is fighting to recover from severe brain damage and Brooklyn prosecutors are weighing criminal charges against the companies involved. The scaffolding wasn t properly attached to the rooftop from which it fell, say New York City investigators. The crash fractured the woman's skull, and caused her brain bleeds and seizures, hospital records show. Two years later, she still deals with seizures, dizziness and headaches and has trouble focusing.
2021-08-26T15:27:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruebrooklyn-construction-accident-lawyer, nyc-scaffold-accident-lawyer/2021/08/26/brooklyn-scaffold-failure-left-woman-210183Brooklyn, NYC Construction Accident Lawyershttps://www.newyorktriallawyers.org/blog/2021/07/12/judge-overturns-california-s-32-year-209599Judge OVERTURNS California's 32 year ban on assault riflesA federal judge has overturned California s three-decade-old ban on assault weapons, ruling that it violates the constitutional right to bear arms. District Judge Roger Benitez handed down the ruling in San Diego on Thursday Said Golden State's 1989 ban on assault rifles was 'unconstitutional' Case was brought against California AG by three men and San Diego gun club. The pending case is also seeking to have minimum age to buy a gun lowered Currently, no-one under the age of 21 can buy a gun in California Plaintiffs say that's discriminatory, and want minimum age lowered to 18 U.S. District Judge Roger Benitez of San Diego ruled that the state s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states. He handed down the two page ruling in response to a lawsuit filed against the State of California.
2021-07-12T11:43:00-04:00Michael Josephmichael@newyorktriallawyers.orgfalsefalsetruenew-york-gun-rights-lawyers, westchester-criminal-defense-lawyers/2021/07/12/judge-overturns-california-s-32-year-209599assault riffle,overturn, gun law, unconstitutional