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November 17, 2018
What do the Victims of the crash between the NYFD Engine and Bus Need to Know

By Michael H. Joseph

Last Friday,  an MTA bus in the Bronx, was involved in a serious crash with a New York Fire Department Engine on Webster Avenue in the Bronx.  As a result of the bus accient, two dozen people were hospitalized with injuries. Our New York City bus accident lawyers known that accidents involving either a bus or a fire engine makes teh case extremely complex and a trap for the weary. There are numerous deadlines and one of the most frequent questions our New York City bus accident lawyers hear is “I got hut in a bus accident, Who is going… Read More

November 17, 2018
Brooklyn Construction boss charged with manslaughter for worker death

By Michael H. Joseph

Construction worker fatalities continue to rise in New York state amid rampant safety violations, according to an annual report released by the New York Committee for Occupational Safety and Health, an advocacy group. Our New York City construction accident lawyers know all too well the damage that the death of a construction worker can have on the worker’s family. Even though the consequences for unsafe work practices in construction are severe, New York contractors continue to take chances with the lives of New York construction workers. Finally, there is a prosecution for a fatality on a construction site. Fatal injuries in the… Read More

November 8, 2018
Plaintiff Established Continuous Treatment Doctrine in Medical Malpractice

By Michael H. Joseph

Our New York City medical malpractice and wrongful death lawyers won a  recent victory in the Bronx Supreme Court.  Our attorneys established a prima facie case that the Defendant doctor  failed to appropriately order tests for Plaintiff’s persistent complaints of abdominal and pelvic pain which was ultimately diagnosed as ovarian cancer. On October 2008, Plaintiff sought treatment from the defendant doctor, complaining of left lower abdominal pain.  Plaintiff complained of pain in lower quadrant which is where the ovaries are located but was only advised painkiller. The pain continued and until December 2008 and the Plaintiff underwent an ultrasound and… Read More

November 8, 2018
Operators in Fatal Duck Boat Accident Say They Owe Families Nothing, Citing Obscure 1851 Law

By Michael H. Joseph

Our New York City maritime and admiralty lawyers know that there is no depth that boating companies won’t sink to in an attempt to avoid liability for the harm that they have caused. Two companies that operated the Missouri tourist boat that sank during a storm in July, killing 17 people, have invoked a 19th century federal maritime law to claim that they owe no money to the victims’ family members who have filed multiple lawsuits. The operators, Ripley Entertainment and Branson Duck Vehicles, filed a lawsuit in federal court seeking to take advantage of an 1851 law that could limit… Read More

April 28, 2018
Arguments to Establish Identity Theft

By Michael H. Joseph

On March 22, 2018, the State’s Court of Appeals heard arguments on pair of cases concerning what evidence is necessary to establish identity theft.  It was argued that ‘assuming someone’s identity is a separate element that needs to be established in order to prove the crime of identity theft under the law. In People v. Roberts, the  New York Appellate Division, First Department in 2016 reversed an identity theft conviction against Kerri Roberts for insufficient evidence. Roberts was arrested after he attempted to use a forged credit card in 2011.  The card Roberts used had a valid account number but… Read More

April 28, 2018
Star Power does not Entitle Free Pass

By Michael H. Joseph

On March 28, 2018, DMX, the rapper also known as Earl Simmons, was sentenced to one-year prison term and $2.2 million in restitution for tax evasion along with three years of supervised release by the United States District Court. Attorneys who handle federal criminal defense cases in New York know how severe federal criminal penalties can be and even celebrities can fall into the sites of the Federal Government. Simmons, 47, was convicted of not paying $1.7 million in taxes between 2002 and 2005. Simmons pleaded not guilty after he was arrested. Simmons defense team relied upon the defense that the… Read More

April 28, 2018
Court of Appeals Removes Hurdle for Tort Plaintiffs to Gain Summary Judgment

By Michael H. Joseph

The New York Court of Appeals removed a major hurdle for Plaintiffs in personal injury and accident cases from winning summary judgment Summary Judgment is a procedure where the Court can decide factual issues as a matter of law. Plaintiffs  can submit proofs to the Court and the Court decides whether the Plainitff has proven that the defendant was negligent. Also a defendant can submit proofs to the Court and the Court can decide that the Plaintiff cannot prove a case. Up until this recent decision, the rule was that a Plaintiff could not win summary judgment if they could… Read More

March 29, 2018
Our New York Truck Accident Lawyers- Win Truck Accident Case

By Michael H. Joseph

Our New York truck accident lawyers won a major victory  and was granted summary judgment, in the New York Supreme Court. To win summary judgment on liability, an injured party in a car accident case must demonstrate that the defendant was negligent and that the plaintiff was free of comparative fault. In this case, one defendant (“AH”) was driving home in the car when he noticed that his gas light was on. Although AH passed a gas station, he did not stop, and continued on his way. Eventually, his car began to slow down and he switched from the left… Read More

March 29, 2018
Autonomous Uber Car Accident Raises Legal Issues.

By Michael H. Joseph

On March 19, 2018, an autonomous Uber vehicle struck and killed a pedestrian in a late-night accident in Tempe, Arizona. The accident is believed to be the first pedestrian fatality involving the burgeoning technology of autonomous vehicles. Police said that the pe destrian was walking a bicycle across the street outside the crosswalk when she was struck by the autonomous uber vehicle. Cameras on the uber vehicle captured video footage of the accident from both inside and outside the vehicle, which will help in further investigation of the accident. Our New York personal injury lawyers have handled countless cases involving… Read More

March 7, 2018
New York Court of Appeals Issues Decision on Discovery of Social Media

By Michael H. Joseph

With the advent of social media sites such as facebook, linked in, instagram and others, people often post pictures of themselves engaged in various activities. For several  years now, our New York City personal injury lawyers have fought attempts by defendants to get access to our client’s personal social media accounts, which we believe is an invasion of privacy. In Forman v. Henkins, the New York Court of Appeals defined when defendants can have access to a person’s private social media account and what they are entitled to. Disclosure in civil actions is generally governed by CPLR 3101(a), which  says that… Read More

 
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