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Judge Rules Sufficient Evidence Exists for Medical Malpractice Case to Proceed Against Westchester Medical Center. Lee v Westchester County Health Care Corp. 2023 NY Slip Op 04762
24 Jun 2024, 3:17 pm by Stephen Bilkis
In Lee v Westchester County Health Care Corp. 2023 NY Slip Op 04762, the central issue was whether the medical staff deviated from accepted medical practices, leading to severe injuries for the plaintiff. [read post]
New York Medical Malpractice Blog - https://www.nymedicalmalpracticelawyerblog.com/
"Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision" (Mirand v City of New York, 84 NY2d 44, 49; see D.M. v Yonkers City Sch. Dist., 220 AD3d 672). "Schools are not insurers of safety, however, for they cannot reasonably be expected to continuously supervise and control all movements and activities of students" (Mirand v City of New York, 84 NY2d at 49; see R.B. v Sewanhaka Cent. High Sch. Dist., 207 AD3d 607, 609).
17 Jun 2024, 11:00 am by Public Employment Law Press
       DECISION & ORDER In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Janet C. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
"Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision" (Mirand v City of New York, 84 NY2d 44, 49; see D.M. v Yonkers City Sch. Dist., 220 AD3d 672). "Schools are not insurers of safety, however, for they cannot reasonably be expected to continuously supervise and control all movements and activities of students" (Mirand v City of New York, 84 NY2d at 49; see R.B. v Sewanhaka Cent. High Sch. Dist., 207 AD3d 607, 609).
17 Jun 2024, 11:00 am by Public Employment Law Press
       DECISION & ORDER In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Janet C. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Pro-Se Case Dismissed, Although CPLR 3211(a)(1) Dismissal is Without Prejudice
17 Jun 2024, 3:41 am by Andrew Lavoott Bluestone
Getty v Schiavetta 2024 NY Slip Op 50697(U) Decided on May 18, 2024 Supreme Court, Westchester County Ondrovic, J. is a factually simple pro-se legal malpractice litigation with an interesting procedural twist. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Plaintiff's claim that the termination her employment violated Labor Law §201-d(2)(c), which bars an employer from discharging an employee because of the employee's legal recreational activities outside work hours, rejected
11 Jun 2024, 5:00 am by Public Employment Law Press
Yankwitt of counsel), for respondents.DECISION & ORDER In an action, inter alia, to recover damages for wrongful termination of employment, the plaintiff appeals from an order of the Supreme Court, Westchester County (Damaris E. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiff's claim that the termination her employment violated Labor Law §201-d(2)(c), which bars an employer from discharging an employee because of the employee's legal recreational activities outside work hours, rejected
11 Jun 2024, 5:00 am by Public Employment Law Press
Yankwitt of counsel), for respondents.DECISION & ORDER In an action, inter alia, to recover damages for wrongful termination of employment, the plaintiff appeals from an order of the Supreme Court, Westchester County (Damaris E. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
OBSTACLES IMPEDED THIS OBSTACLE COURSE’S DISMISSAL REQUEST
24 May 2024, 5:00 am
And after the Westchester County Supreme Court denied that request, an appeal ensued.On its review of the record, the Appellate Division, Second Department, noted that the defendant failed to show that that the water slide was safely designed and whether it had notice of a “dangerous condition. [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
CAN'T START DIVORCE PROCEEDING THIS WAY
13 May 2024, 5:00 am
After her husband rejected those papers, RR asked the Westchester County Supreme Court to approve that service effort, claiming (without proof) that her husband had previously agreed to accept electronic service of papers. [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
Reviewing a federal district court’s granting respondent's motion to dismiss a quid pro quo and related sexual harassment complaints
2 May 2024, 6:00 am by Public Employment Law Press
Westchester County. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Reviewing a federal district court’s granting respondent's motion to dismiss a quid pro quo and related sexual harassment complaints
2 May 2024, 6:00 am by Public Employment Law Press
Westchester County. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
SOCCER PLAYER SUES SCHOOL FOR SQUATTING INJURY
1 May 2024, 11:00 pm
“ASSUMPTION OF RISK” DOCTRINE DIDN’T APPLYAfter he was injured engaging in a squat exercise, RGM ended up suing this school, Manhattanville College (and others,) alleging negligence and seeking to recover personal-injury related damages.When the school sought to dismiss the case, alleging “assumption of risk” – that RMG knowingly accepted the dangers and the likelihood of possible harm that came with the sports activity – the Westchester… [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
[Eugene Volokh] No Pseudonymity in Lawsuit Challenging N.Y.'s Involuntary Commitment System as It Affects Gun Rights
24 Apr 2024, 11:23 am by Eugene Volokh
In P.D. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
DUTY OF CARE EXTINGUISHED UPON CONTRACT COMPLETION?
19 Apr 2024, 5:00 am
CONTRACTOR SATISFACTORILY PERFORMED WORKAfter a homeowner slipped on some ice and was injured on his property he sued the Defendant, MSR, in Westchester County Supreme Court, alleging that the latter had negligently installed “gutters and downspouts,” which caused water to accumulate and freeze on the property’s walkway.After his personal injury case was dismissed, the plaintiff appealed. [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
Should Salaried Employees Get Overtime Pay?
18 Apr 2024, 2:01 pm by Richmond Cariaga
Exempt v. [read post]
Lipsky Lowe LLP Blog - https://lipskylowe.com/blog/
NO CHANGING SETTLEMENT WITH EXXONMOBIL
19 Mar 2024, 5:00 am
# # #DECISIONM. v ExxonMobil Oil Corp. [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
$120 Million Jury Verdict in Late Diagnosis and Treatment of Stroke
7 Mar 2024, 8:00 am by Robert Kreisman
Westchester County). [read post]
Chicago Medical Malpractice Attorney Blog - http://www.robertkreisman.com/medical-malpractice-lawyer/
DANGEROUS “MENTAL ABNORMALITY” WARRANTED CONFINEMENT
21 Feb 2024, 10:00 pm
SUBSTANCE USE AND SCHIZOTYPAL DISORDERS TRIGGERED SEX OFFENSESAfter he was found by the Westchester County Supreme Court to suffer from a “mental abnormality,” which made him a “dangerous sex offender” who required “civil confinement,” Timothy appealed.New York law defines a “dangerous sex offender requiring confinement” as someone “who is a detained sex offender suffering from a mental abnormality involving such a strong… [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
THIS IS ALL ABOUT A WOMAN'S VANITY
19 Feb 2024, 10:00 pm
Unreceptive to that claim, the Westchester County Supreme Court dismissed the case in response to the landlord’s motion for summary judgment -- i.e., pre-trial relief in its favor -- and VMS appealed.On its review, the Appellate Division, Second Department, noted that the landlord had the “burden of proof” to show it wasn’t at fault for the accident. [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
Record Setting Medical Malpractice Brain Injury Verdict
4 Feb 2024, 3:02 pm by John Hochfelder
Westchester County Healthcare Corp. [read post]
New York Injury Cases Blog - http://www.newyorkinjurycasesblog.com/
DAD’S DOWNWARD SUPPORT REQUEST FELL FLAT
18 Jan 2024, 10:00 pm
# # #DECISIONMatter of C. v. [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/