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Petition to file late notice of claim against NYC denied due to insufficient evidence. Lobos v. City of New York, 219 A.D.3d 720 (N.Y. App. Div. 2023)
by Stephen Bilkis
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False arrest claim based on complaint by estranged spouse. Masciello v. Inc. Vill. of Lloyd Harbor, 140 A.D.3d 834 (N.Y. App. Div. 2016)
by Stephen Bilkis
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Court allowed late claims against Suffolk County for water contamination linked to airport chemicals. Brooks v. Cnty. of Suffolk, 177 A.D.3d 969 (N.Y. App. Div. 2019)
by Stephen Bilkis
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Court allowed a late notice of claim after worker injured in subway explosion. Marando v. City of N.Y., 66 Misc. 3d 1225 (N.Y. Sup. Ct. 2020)
by Stephen Bilkis
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Court allowed § 1983 claims in a prisoner abuse case involving failure to provide adequate medical care. Luckey v. City of N.Y., 991 N.Y.S.2d 34 (N.Y. App. Div. 2014)
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Pleva v. Cnty. of Suffolk, 222 A.D.3d 795 (N.Y. App. Div. 2023)
by Stephen Bilkis
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Supreme Court affirmed the denial of summary judgment dismissal in a jail suicide case. Rappaport v. Corr. Med. Care, 159 N.Y.S.3d 205 (N.Y. App. Div. 2021)
by Stephen Bilkis
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Aughtry v. State, # 2019-029-033 (N.Y. Ct. Cl. May 22, 2019)
by Stephen Bilkis
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Court determined that nursing home violated New York Public Health Law § 2801-d and upheld jury award of $2,500,000 pain and suffering. Smith v. N. Manhattan Nursing Home, Inc., 70 Misc. 3d 891 (N.Y. Sup. Ct. 2020)
by Stephen Bilkis
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Whether police used excessive force when responding to claims of a domestic dispute. Benitez v. The City of New York, 2024 N.Y. Slip Op. 50370 (N.Y. Sup. Ct. 2024)
by Stephen Bilkis
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Court refused to hear inmates claims related to violation of freedom of religion. Word v. Croce, 00 Civ. 6496 (SAS) (S.D.N.Y. Jul. 6, 2001)
by Stephen Bilkis
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Court granted partial summary judgment; failure to intervene in prison assault case remains.. Sabuncu v. State, # 2016-041-037 (N.Y. Ct. Cl. Jun. 21, 2016)
by Stephen Bilkis
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Whether defendant is a “residential health care facility” as defined by §2801-d of the Public Health Law. Burkhart v. People, Inc., 10 N.Y.S.3d 767 (N.Y. App. Div. 2015)
by Stephen Bilkis
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Plaintiffs claimed that the police conducted an unlawful research of her store. Borisova v. Friberg, 18-CV-7440 (AMD) (SJB) (E.D.N.Y. Sep. 25, 2020)
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Second Circuit determined that inmate’s First Amendment rights and Eighth Amendment rights lacked clarity in their establishment during the relevant time period. Redd v. Wright, 597 F.3d 532 (2d Cir. 2010)
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Court determined that there were issues of fact about nursing home’s inspection failure and evidence spoliation. Turner v. N. Manhattan Nursing Home, Inc., 2018 N.Y. Slip Op. 30406 (N.Y. Sup. Ct. 2018
by Stephen Bilkis
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Flynn v. City of New York, 94 A.D.3d 537 (N.Y. App. Div. 2012)
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Supreme Court, Dutchess County determined that deputies’ actions caused injury to inmate. Holland v. City of Poughkeepsie, 90 A.D.3d 841 (N.Y. App. Div. 2011)
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Williams v. City of N.Y., 129 A.D.3d 1066 (N.Y. App. Div. 2015)
by Stephen Bilkis
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Austin v. Jewish Home & Hosp., 2015 N.Y. Slip Op. 30581 (N.Y. Sup. Ct. 2015)
by Stephen Bilkis
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Court granted a preliminary injunction in favor of inmate, allowing him to avoid going on the special hold designed for inmates who forgo the tuberculosis screening. Selah v. Goord, 00-CV-644 (N.D.N.Y. Mar. 31, 2003)
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Supreme Court Determined that serious injury is not necessary for prison abuse claim. Hudson v. McMillian, 503 U.S. 1 (1992)
by Stephen Bilkis
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Question of excessive for when police attempting to get plaintiff to go to the hospital. Holland v. City of Poughkeepsie, 90 A.D.3d 841 (N.Y. App. Div. 2011)
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U.S. Supreme Court determined when the use of excessive for against an inmate is a violation of rights. Hudson v. McMillian, 503 U.S. 1 (1992)
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Tacheau v. Mastrantonio, 2012 N.Y. Slip Op. 22391 (N.Y. Sup. Ct. 2012)
by Stephen Bilkis
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Liability for police dog bite. Relf v. City of Troy, 169 A.D.3d 1223 (N.Y. App. Div. 2019)
by Stephen Bilkis
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Was DOCS’s denial of an inmates requested medical treatment was arbitrary and capricious? Wooley v. Corr. Servs, 15 N.Y.3d 275 (N.Y. 2010)
by Stephen Bilkis
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Whether excessive force was used to get the plaintiff transported to a hospital. Albaum v. City of N.Y., 2018 N.Y. Slip Op. 30555 (N.Y. Sup. Ct. 2018)
by Stephen Bilkis
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Court determined that jail officials were not responsible for inmate’s death. Rivera v. Westchester County, 188 Misc. 2d 746 (N.Y. Sup. Ct. 2001)
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Damages sought for false arrest. Macareno v. City of New York, 187 A.D.3d 1164 (N.Y. App. Div. 2020)
by Stephen Bilkis
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Court denied habeas corpus based on risk of contracting COVID. People v. Keyser, 184 A.D.3d 189 (N.Y. App. Div. 2020)
by Stephen Bilkis
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Court considered whether a police officer exercised proper standard of care in operating an emergency vehicle. McLoughlin v. City of Syracuse, 2022 N.Y. Slip Op. 3608 (N.Y. App. Div. 2022)
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U.S. Supreme Court determined when a prison official may be held liable under the Eighth Amendment’s “deliberate indifference” standard. Farmer v. Brennan, 511 U.S. 825 (1994)
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Default judgement on issue of liability in nursing home neglect case. Duran v. Isabella Geriatric Ctr., 2023 N.Y. Slip Op. 30500 (N.Y. Sup. Ct. 2023)
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In a case alleging abuse of inmate rights, the court had to determine whether the plaintiff filed his claim too late. Devane v. Doe, 20-CV-9649 (NSR) (S.D.N.Y. Mar. 6, 2023)
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Inmate failed to prove excessive force by corrections officers. Bookman v. State, # 2016-015-617 (N.Y. Ct. Cl. Oct. 17, 2016)
by Stephen Bilkis
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Court determined that inmate was not subjected to inhumane conditions at the Anna M. Kross Center Correctional Facility, Rodriguez v. the City of N.Y., 87 A.D.3d 867 (N.Y. App. Div. 2011)
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Whether the court erred in denying the plaintiff’s motion for summary judgment on negligence and the emergency operation defense under Vehicle and Traffic Law § 1104. Torres-Cummings v. Niagara Falls Police Dep’t, 193 A.D.3d 1372 (N.Y. App. Div. 2021)
by Stephen Bilkis
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Deliberate indifference to safety must be shown for a finding of a violation of the 8th Amendment. Wilson v. Seiter, 501 U.S. 294 (1991)
by Stephen Bilkis
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U.S. Supreme Court examined the question of excessive force used by corrections officers. Hudson v. McMillian, 503 U.S. 1 (1992)
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On appeal, the court determined that the damage award was excessive based on the plaintiff’s injuries. Sutherland v Don Dee Trucking Corp. 2008 NY Slip Op 52576(U) [22 Misc 3d 1101(A)]
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Prison officials can be held liable for injuries to an inmate if they show deliberate indifference. Farmer v. Brennan, 511 U.S. 825 (1994)
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Court considered the presumption of negligence in rear-end vehicle accident. Passos v. Mta Bus Co., 13 N.Y.S.3d 4 (N.Y. App. Div. 2015)
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Liability in a chain reaction accident. Rodriguez v. The City of New York, 2020 N.Y. Slip Op. 35496 (N.Y. Sup. Ct. 2020)
by Stephen Bilkis
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Court addressed the issue of whether the defendant was negligent in maintaining its premises. Scheer v. Stop & Shop Supermarket Co., 110 A.D.3d 1039 (2d Dep’t 2013)
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Court considered a product liability claim based on an injury from a table saw. Whitaker v. Sears, Roebuck & Co., 120 A.D.3d 865 (2d Dep’t 2014)
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Appellate Court found that there was a triable issue of fact as to whether a bottle of acetaminophen was defective. Kelly v. CVS Pharmacy, Inc., 73 A.D.3d 1019 (2d Dep’t 2010)
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Appellate Division determined that plaintiff presented enough evidence to proceed with her product liability claim. Ippolito v. Sears Roebuck & Co., 121 A.D.3d 529 (2d Dep’t 2014)
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Did the defendant retail store breach its duty of care by failing to maintain the premises in a safe condition? Saleh v. Rite Aid Corp., 89 A.D.3d 1022 (2d Dep’t 2011)
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Vasquez v. Church of God of Prophecy, 155 A.D.3d 807 (2d Dep’t 2017)
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In a premises liability case, the court considered whether there was constructive notice of the hazard. Vargas v. Target Corp., 137 A.D.3d 1094 (2d Dep’t 2016)
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Court determined that the NYCHA should have known about a dangerous condition. Nunez v. New York City Housing Authority, 65 A.D.3d 955 (2d Dep’t 2009)
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In a case where a police officer driving a patrol car caused an accident, the court considered whether sovereign immunity applied. Salas v. City of New York, 174 A.D.3d 991 (2d Dep’t 2019)
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Court considered whether the doctrine of highway defect immunity applied to a wrongful death lawsuit against a municipality. Estate of Fuentes v. Town of Islip, 148 A.D.3d 845 (2d Dep’t 2017)
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Court considered whether the City of New York had a duty to provide additional safety measures beyond those already in place in order to prevent pedestrian accidents. Brown v. City of New York, 945 N.Y.S.2d 390 (2d Dep’t 2012)
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Appellate Division considered whether a social host who serves alcohol to an intoxicated person can be held liable for injuries caused by that person to a third party. Vincent v. John Doe #1, 640 N.Y.S.2d 864 (2d Dep’t 1996)
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The Appellate Division considered whether a hospital can be held liable for injuries sustained by a patient who leaves the hospital against medical advice. Estate of Zani v. New York City Health & Hosps. Corp., 103 A.D.3d 590 (1st Dep’t 2013)
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Court of Appeals considered whether plaintiff’s wrongful death claim was properly dismissed. Adames v. Sheepshead Bay Rd. R.R. Co., 303 N.Y. 208 (1951)
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Injured worker can sue third party for damages even if workers’ compensation benefits have been paid. Brescia v. G.F. Hämmerle, Inc., 7 N.Y.2d 544 (1960)
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Court Discusses the Importance of Informed Consent and Apparent Authority. Johnson v. New York Methodist Hospital, 69 N.E.3d 1045 (N.Y. 2016)
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Comparative negligence in a Pedestrian Car Accident Case. Kozlowski v. Ringler, 189 A.D.2d 1025 (4th Dep’t 1993)
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Court found that the City of New York was liable in an accident involving a police car. Turley v. City of New York, 45 A.D.3d 547 (2nd Dept. 2007)
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Court determined that in an accident involving a car and a motorcycle, the driver of the car was liable. Anderson v. Aloe, 99 A.D.3d 53 (N.Y. App. Div. 2012)
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Liability in an accident that involved a motorcycle and a pothole. Karamian v. City of New York, 16 A.D.3d 255 (N.Y. App. Div. 2005)
by Stephen Bilkis
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Court found that the City of New York was liable for a bike accident due to poor signage. Fox v. City of New York, 157 A.D.2d 260 (1st Dep’t 1990)
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Court considered whether the City was liable for a car accident where a police officer hit a bicyclist. Caballero v. City of New York, 208 A.D.2d 443 (1st Dep’t 1994)
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Appellate Division reviewed a case involving a bicyclist injured in an accident caused by a manhole cover. Bonilla v. City of New York, 165 A.D.3d 675 (1st Dep’t 2018)
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Court determined whether the State of New York was liable for a pothole accident. Focarino v. State of New York, 256 A.D.2d 642 (2d Dep’t 1998)
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In a skateboarder injury case, the court discussed the duty of municipalities to maintain sidewalks to avoid injuries. Singh v. City of New York, 57 A.D.3d 367 (1st Dep’t 2008)
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Court discussed the complexities of determining liability in a bus accident. Greiff v. New York City Transit Authority, 212 A.D.2d 253 (1st Dep’t 1995)
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Court determined whether a wakeboarding tour company was liable for injuries sustained by a customer during a session. O’Brien v. Jetty Jumpers, LLC, 2021 NY Slip Op 31345(U) (Sup. Ct. Suffolk Cty. 2021)
by Stephen Bilkis
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Court considered a personal injury lawsuit involving a kayak accident. Williams v. Giraldez, 2020 NY Slip Op 30839(U) (Sup. Ct. Kings Cty. 2020)
by Stephen Bilkis
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Court considered whether the plaintiffs in a boat accident lawsuit had a claim under Maritime Law. In re: Stowman, 2017 WL 6972566 (N.Y. App. Div. Dec. 28, 2017)
by Stephen Bilkis
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Court considered liability in a boat accident case. Estate of Joseph DeLuca v. New York State Department of Environmental Conservation, 2017 NY Slip Op 50805(U) (Sup. Ct. Nassau Cty. 2017)
by Stephen Bilkis
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Liability of municipality in bike accident case. Estate of Madison Lyden v. City of New York, No. 1:19-cv-07212 (S.D.N.Y. 2019)
by Stephen Bilkis
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Court considered the question of whether a physician breached his duty of care leading to the patient’s death. Estate of Thomas Brown v. St. Francis Hosp., 972 F.3d 789 (7th Cir. 2019)
by Stephen Bilkis
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Liability in a motorcycle accident caused by gravel. Grunwald v. Clifton, 110 A.D.2d 869 (N.Y. App. Div. 1985)
by Stephen Bilkis
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Liability in a motorcycle accident caused by hazardous road conditions. Madarash v. BUCH, 151 A.D.2d 297 (N.Y. App. Div. 1989)
by Stephen Bilkis
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Who pays damages in a workplace accident? Liriano v. Hobart Corp., 92 A.D.3d 33 (N.Y. App. Div. 2012)
by Stephen Bilkis
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Court considered whether a nursing home breached its duty of care by failing to provide proper supervision. Wachter v. State of New York, 802 N.Y.S.2d 74 (N.Y. Ct. Cl. 2005)
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Court reviewed the requirement of informed consent in medical treatment. Sikorski v. North Shore-LIJ Health Sys., 2015 N.Y. App. Div. LEXIS 4153 (N.Y. App. Div. 2015)
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Appellate court concluded that the plaintiff established a prima facie case of medical malpractice. Pakenham v. New York City Health & Hosp. Corp., 2010 N.Y. App. Div. LEXIS 1847 (N.Y. App. Div. 2010)
by Stephen Bilkis
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Court examined the doctrine of vicarious liability for a hospital. Perez v. St. Clare’s Hosp., 2002 N.Y. App. Div. LEXIS 11749 (N.Y. App. Div. 2002)
by Stephen Bilkis
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Court considered whether a health care facility failed to provide reasonable care to one of its residents. Gadaleta v. Kissing Camels Home Health Care, Inc., 173 A.D.3d 1467 (App. Div. 2d Dept. 2019)
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Court found that medical professionals failed to diagnose breast cancer in a timely fashion. Johnson v. New York Methodist Hospital, 69 N.E.3d 1045 (N.Y. 2016)
by Stephen Bilkis
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In a medical malpractice case, the Court discussed the standard for determining a doctor’s standard of care. O’Connor v. Grace Hospital, 283 N.E.2d 540 (N.Y. 1972)
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Healthcare providers breached the standard of care by failing to address fetal distress. Marlowe v. Staten Island University Hospital, 864 N.Y.S.2d 391 (N.Y. App. Div. 2008)
by Stephen Bilkis
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Court found driver liable in a pedestrian accident because he did not exercise due care. Stathis v. Leonardis, 72 N.Y.2d 517 (1988)
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Duty of care that drivers owe pedestrians in New York. Weininger v. Hackel, 6 N.Y.2d 67 (1959)
by Stephen Bilkis
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Injured worker can sue third party for damages even if workers’ compensation benefits have been paid. Brescia v. G.F. Hämmerle, Inc., 7 N.Y.2d 544 (1960).
by Stephen Bilkis
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Court Discusses the Importance of Informed Consent and Apparent Authority. Johnson v. New York Methodist Hospital, 69 N.E.3d 1045 (N.Y. 2016)
by Stephen Bilkis
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