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January 11, 2019
Drunk Driver Hits Police Car

By Michael H. Joseph

This weekend, an intoxicated driver struck a stopped police car in Long Island, which resulted in not only the drunk driver being injured, but the police officers were injured as well. Accidents from drivers who are driving while intoxicated are unfortunately not new in New York. Our New York City drunk driving accident lawyers have handled many cases for victims of personal injury which were caused by drunk drivers. The law concerning who can be sued and the liability is not always complex. In this case, the General Municipal Law 205 gives police officers the right to sue anyone who… Read More

January 8, 2019
Weinstein Sex Trafficking Charges Survive Motion to Dismiss

By Michael H. Joseph

Harvey Weinstein must face charges of violating sex trafficking laws filed by a British actress who says the former movie producer invited her to a hotel room in France before sexually assaulting her, a US judge has ruled. Mr. Weinstein is also facing criminal rape and sexual misconduct charges in Manhattan over allegations made by three other women. Those charges are separate from the lawsuit filed by Ms. Noble.  Mr Weinstein has denied ever having non-consensual sex during his time working as a movie producer. The Manhattan judge denied Mr. Weinstein’s motion to dismiss the lawsuit, which was filed last year by… Read More

January 5, 2019
Debris From A Truck Hitting a Car

By Michael H. Joseph

Our New York City truck accident lawyers know that items Fallon’s off of an open bed truck and hitting another vehicle is a common occurrence. Contrary to what the trucking companies will say, this is not an accident because if the trucking companies are careful and secure their loads, this will not happen. The law in New York is crystal clear that trucking companies are under a duty to carefully secure their loads. The New York Courts have been tough on trucking companies that are careless in securing their loads when a load shifts or falls off the truck and… Read More

November 17, 2018
What 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

 
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