In an action to recover damages for false arrest and malicious prosecution, the plaintiff in Masciello v. Inc. Vill. of Lloyd Harbor, 140 A.D.3d 834 (N.Y. App. Div. 2016) challenged an order from the New York Supreme Court that granted summary judgment to the defendants—the Incorporated Village of Lloyd Harbor,…
In a case involving claims of water contamination, the Supreme Court of Suffolk County faced the question of whether to grant a late notice of claim against a public entity. This case centered on residents whose well water was allegedly contaminated due to the County of Suffolk’s operation of Gabreski…
In a legal dispute involving a trip-and-fall incident at Greenwood Lake Middle School, a petitioner sought permission to file a late notice of claim against the school district. The issue centered on whether the delay in filing caused prejudice to the school district and if the petitioner had demonstrated sufficient…
The case arose from injuries sustained during a car accident allegedly caused by a high-speed police chase. The incident occurred on April 1, 2021. The petitioners were injured in a car accident when their vehicle was struck by a Mercedes that ran a red light. According to the petitioners, the Mercedes…
In cases involving claims against public entities in New York, adhering to procedural requirements is critical. The case involving petitioners who sought to file late notices of claim against Suffolk County highlights these requirements. The petitioners alleged contamination of their drinking water due to chemicals originating from firefighting foam used…
In personal injury cases involving public corporations, filing a timely notice of claim is a mandatory step for initiating a lawsuit. When this timeline is missed, petitioners may seek permission from the court to file a late notice of claim. The case of Marando v. City of N.Y., 66 Misc.…
Prison abuse can occur when inmates are denied necessary medical treatment, leading to severe consequences for their health. Inmates have a right to adequate medical care, and failure to provide it can result in worsening of existing conditions or the development of new, serious health issues. This neglect may be…
In a legal action seeking damages for negligence, assault, and battery, the defendants appealed a Suffolk County Supreme Court order dated September 10, 2020. The order denied the defendants’ motion for summary judgment dismissing the causes of action alleging negligence, assault, and battery. A cause of action for negligence arises…
The case of Adam Rappaport highlights the legal responsibilities of law enforcement and medical providers in ensuring the safety of individuals in custody. Rappaport was found hanging in his cell, which led to a lawsuit against several parties, including Correctional Medical Care, Inc. (CMC) and the Town of Guilderland. The…
It’s no secret that most prisons in New York are dangerous and there is violence, particularly in the maximum security correctional facilities such as Sing Sing. Prisoners attack each other, leaving serious injuries. While corrections officers are charged with ensuring the safety of inmates, the facility is not always liable…