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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

December 20, 2017
Man Gets Served Cockroach With An Order Of Cappuccino

By Michael H. Joseph

A Manhattan man claims in a lawsuit his cappuccino at a swanky Upper East Side steakhouse came with a nasty addition: a large cockroach. The insect was a nightmarish way to end a meal at The Arlington Club, where dinners can easily hit the $500 mark, said Steven Fleming, who brought friends to the eatery in April. His pals were interested in opening a restaurant, so Fleming wanted to show them the place launched by star chef Laurent Tourondel in 2012. They chowed down on salad, steak, and a glass of wine before ordering dessert and coffee, he said. “I… Read More

September 15, 2017
A deadly week for New York’s Bicyclists

By Michael H. Joseph

Our New York personal injury and wrongful death lawyers that handle bicycle accident cases know that riding a bicycle in New York can be dangerous. Even though New York City regulations give the right of way to bicyclists in the bicycle lanes, these regulations are all but ignored in the day to day life on New York City streets.  Our New York City bicycle accident lawyers always offer free consultations to those injured in a bicycle accident. Although cars and trucks striking bicyclists are a common occurrence in New York City, this week has been especially deadly with two bicyclists… Read More

September 4, 2017
Wrong Way Crashes In Westchester

By Michael H. Joseph

New York and in particular Westchester, have seen a series of wrong way crashes this year. A driver heading in the wrong direction on the   Hutchinson River Parkway in Scarsdale, was killed in a head-on crash Sunday over Labor Day weekend. In addition to the driver of the vehicle which went the wrong way, the driver  of the vehicle which was crashed into also suffered a wrongful death and a passenger in the vehicle was transported for emergency surgery to Westchester Medical Center.  This was one of several wrong way incidents on Westchester’s highways. While several others involving off duty… Read More

September 4, 2017
The Continuous Doctrine is Under Attack in New York

By Michael H. Joseph

Our New York City medical malpractice lawyers know that the continuous treatment doctrine is one of the best tools that prevent negligent doctors from using the statute of limitations to deprive patients who have been victimized by professional negligence, from their just recovery. The continuous doctrine in medical malpractice cases, holds that, in actions based on a failure to diagnose a condition, the limitations period is tolled as long as the symptoms being treated indicate the condition’s existence. This exception to the statute of limitations is important because in New York, the statute of limitations is only two and a half… Read More

 
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