- PROUD TO BE AN AMERICAN!
Posted July 4, 2008, 4:00 am by Lucas A. Ferrara, Esq.
According to a July 2, 2008 press release circulated by Rasmussen Reports -- "an electronic publishing firm specializing in the collection, publication, and distribution of public opinion polling information" -- 75% of our nation's voters are "proud" of our country's history." (Only 13% expressed "shame," while the balance were "undecided.") As we celebrate our nation's 232nd birthday, let us be ever mindful of America's greatness and give thanks for the freedoms we are blessed to enjoy. Happy...
- New York’s Driver Responsibility Assessment
Posted July 3, 2008, 10:36 pm by Peter Howard Tilem
As if New York Traffic Fines (please see our June 21, 2008 post) were not high enough, New York has a Driver Responsibility Program that can cost those who pay traffic fines in New York a whole lot more. Under the Program in New York, a Driver Responsibility Assessment is billed by New York DMV if you obtain 6 points on your license in 18 months. The Assessment starts at $100 per year for a period of 3 years (for a total of $300) and adds $25 per point per year over 6 points (for example 8...
- BREAKFAST WITH COMPTROLLER TOM DINAPOLI
Posted July 3, 2008, 10:00 pm by Lucas A. Ferrara, Esq.
You are invited to a special breakfast on July 8th, featuring New York State Comptroller, Tom DiNapoli who will join City Hall for an On/Off the Record discussion. The event will feature a half hour interview with DiNapoli and a half hour off the record Q&A with the audience. Space is limited, so reserve your place now by contacting smusso@manhattanmedia.com or calling (212) 894-5441. Note: This event is closed to representatives of other media. City Hall's "On/Off the Record" A BREAKFAST...
- KID GETS $1.5M
Posted July 3, 2008, 7:25 pm by Lucas A. Ferrara, Esq.
In Bello v. New York City Transit Authority, the New York City Transit Authority (NYCTA) challenged the recovery awarded to 7-year old Vidal Bello, who was hit by a NYCTA bus driver. Bello was standing on the curb with a bunch of "rowdy children," when he was pushed into the street and hit by the driver. In addition to fractures to his tibia and fibula, Bello suffered "significant scarring and deformity," and now "walks with a limp" -- which doctors speculated would "get progressively worse as...
- "IT BETTER BE AN EMERGENCY!"
Posted July 3, 2008, 6:00 pm by Lucas A. Ferrara, Esq.
Sent a colleague an e-mail the other day, and this is the automated message I received in response: I will be on vacation from Monday (June 30th) through Saturday (July 5, 2008). If you experience an emergency that you believe requires my attention please contact my office at the number below. Please note that most emergencies require that you first call 911, the police or seek immediate medical attention. How smart is that? It certainly stopped me from making a call.
- SOUS CHEF GETS BURNED
Posted July 3, 2008, 4:00 pm by Lucas A. Ferrara, Esq.
In Fairclough v. All Service Equipment Corp., Tania Fairclough, a sous chef at a Manhattan Houston's Restaurant, filed suit against All Service Equipment after suffering burns caused by a faulty stove burner grate. Houston's had a contract with All Service to inspect all food equipment installed on the premises and, a week prior to the accident, a technician hadn't detected any problem. When the Bronx County Supreme Court denied All Service's request to dismiss the case, the company appealed to...
- Andrew Goldsmith on Risk and Precautionary Logic after 9/11
Posted July 3, 2008, 3:38 pm by ublaw
Welcome to UBLaw Conversations, a production of University at Buffalo Law School and the Baldy Center for Law and Social Policy. Today is July 3, 2008, and I'm Jim Milles, Professor of Law and Director of the Law Library.Our guest today is Andrew Goldsmith. Andrew is Professor of Law and Criminal Justice, Flinders University, Adelaide, Australia. He teaches in the law and criminal justice programs, including an honors topic on Crime and Public Policy. His most recent book (coedited with James...
- Company Penalized For Failing to Provide Rest Breaks
Posted July 3, 2008, 2:57 pm by Schwartz & Perry
The American Lawyer has reported in a July 2, 2008 article that a major US corporation has lost its third straight wage-and-hour class action lawsuit. After a three month bench trial, Judge Robert King, Jr. decided that in failing to provide rest breaks, the company broke state laws over two million times. Judge King awarded $6.5 million to the class which was made up of 56,000 employees in the state of Minnesota. According to the lead lawyer of the class, Franklin Azar, the corporation faces...
- NEW DECISION(S)
Posted July 3, 2008, 2:34 pm
Westchester Med. Ctr. v Allstate Ins. Co., 2008 NY Slip Op 06146 (App. Div., 2d) The plaintiff made a prima facie showing of entitlement to summary judgment on the first cause of action to recover no fault benefits on behalf of its assignor, Vincent Dailey, by demonstrating that the prescribed statutory billing forms were mailed to and received by the defendant and that payment was overdue (see Insurance Law § 5106[a]; 11 NYCRR 65-3.8[a]; Westchester Med. Ctr. v AIG, Inc., 36 AD3d 900; Nyack...
- Gentlemen Start Your Engines: Faster Golf Carts = More Injuries
Posted July 3, 2008, 12:36 pm by nyinjuries
Golf carts have become much faster and more powerful - some can reach 25 mph and travel over 40 miles on a single battery charge. Golf carts are now routinely used for transportation purposes at sporting events, hospitals, airports, national parks, college campuses, businesses and military bases. In many gated and retirement communities, golf carts have become the primary means of transportation. According to a study published in the July 2008 issue of The American Journal of Preventive...
- YOU DON'T ALWAYS GET A JURY
Posted July 3, 2008, 12:25 pm by Lucas A. Ferrara, Esq.
During a phone call made to the mother of his two children, Marcos Urbaez supposedly threatened to "withhold child support, beat her, knock out her teeth and break her face." As a result of that misconduct, Urbaez was charged with aggravated harassment -- a class A misdemeanor. When prosecutors opted to reduce the charge to "attempted aggravated harassment" -- a class B misdemeanor -- Urbaez objected, arguing that the maneuver was intended to deny him a jury trial. Both the New York City...
- More Conflict of Interest in a Penn Legal Malpractice Case
Posted July 3, 2008, 11:23 am by Andrew Lavoott Bluestone
The Times Leader reports on a $ 3.4 Million legal malpractice action taking place there, now, post verdict. The twist is that the winner of the case, executor of an estate had asked the trial judge to recuse himself because of financial conflict of interest. "Attorneys for the Slusser family have asked Luzerne County Court to deny a petition filed by attorneys for Laputka, Bayless, Ecker and Cohn that seeks to overturn a $3.4 million legal malpractice judgment against the law firm. In court...
- Slip & Fall on Ice in NY-Client Testimonial
Posted July 3, 2008, 9:59 am by Gerry Oginski
Learn how Gerry Oginski, an experienced NY accident and injury lawyer practicing law in Brooklyn, Bronx, Queens, Manhattan, Staten Island, Nassau & Suffolk helped a woman who fractured her femur from falling on black ice in a parking lot. Find out what this client thought of Gerry and his law firm. For more information go to http://www.oginski-law.com or call Gerry personally at 516-487-8207.
- Unnecessary Hysterectomy in New York-Client Testimonial
Posted July 3, 2008, 9:55 am by Gerry Oginski
Find out why a gynecologist performed a hysterectomy that simply was not needed. Learn from Gerry Oginski, an experienced NY Medical Malpractice lawyer what the claims were in this case. Find out why this 27 year old woman with two small children had to have her uterus removed. Listen in as this former client explains what she thought of Attorney Gerry Oginski. For more information go to http://www.oginski-law.com or call Gerry at 516-487-8207.
- New York Law Journal Decisions of Interest July 3, 2008
Posted July 3, 2008, 8:18 am
If you are already an online subscriber to this service you should be able to click on any of the links provided below, sign in, and access any of the decisions listed which interest you. [www.nylj.com] Subscription required for online access: U.S. COURT OF APPEALS, SECOND CIRCUIT Business Law Pleading Requirements for Individual Scienter In Securities Fraud Class Actions Clarified Teamsters Local 445 Freight Division Pension Fund, plaintiff-appellee v. Dynex Capital Inc., defendants-appellants...
- New York Law Journal Featured Columnists July 3, 2008
Posted July 3, 2008, 8:13 am
If you are already an online subscriber to New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed [www.nylj.com] Subscription required for online access unless otherwise noted: Insurance Law Thursday, July 3, 2008 By Norman H. Dachs and Jonathan A. Dachs "Norman H. Dachs and Jonathan A. Dachs, attorneys with Shayne, Dachs, Stanisci, Corker & Sauer, analyze a new bill which, once signed into law, will...
- New York Law Journal Lead Articles July 3, 2008
Posted July 3, 2008, 8:07 am
If you are already an online subscriber to New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed [www.nylj.com] Subscription required for online access unless otherwise noted: Thursday, July 3, 2008 Panel Upholds Convictions In Terror Financing Sting Judge Rules Law Prohibits Wiretap Records Disclosure Canadian Vet Wins Challenge to Law Barring Licenses to Some Foreigners Court Orders Demolition of Fence...
- LAW.COM Newswire Highlights July 3, 2008
Posted July 3, 2008, 8:04 am
If you are already an online subscriber to the LAW.COM service you should be able to click on any of the links below, sign in, and access the full text of all articles listed. A subscription to LAW.COM is needed for online access to this service. http://www.nylj.com Next Term: A Fatter, Faster Calendar for Supreme Court Legal Times The current term is history, so what's up for the Supreme Court's next term, which begins Oct. 6? More cases, heard more quickly, posing a range of tough and...
- 14-Month Late Notice Found Unreasonable As a Matter of Law
Posted July 3, 2008, 1:38 am by Roy A. Mura
CGL - LATE NOTICE - GOOD FAITH BELIEF IN NON-LIABILITY - 14-MONTH DELAY - REASONABLE POSSIBILITY OF THE POLICY'S INVOLVEMENT Ponok Realty Corp. v. United National Specialty Ins. Co. (Sup. Ct., Queens Co., decided 6/27/2008) Ponok Realty, owned in part and run by the apposite anagrammist and attorney, Thomas Konop, leased storage space in Ponok's commercial building to Omega Shell, Ltd., which allowed a related entity, RO Gallery, to store its artwork within the building. United National...
- Concern on 900 Backlogged Whistle-Blower Cases
Posted July 2, 2008, 11:50 pm
A backlog of more than 900 whistle-blower suits alleging that government contractors and drug makers have defrauded taxpayers out of billions of dollars is raising concern. The long and cumbersome process that governs how these cases are processed is to blame for the backlog, according to a spokesperson for Taxpayers Against Fraud . Central to many of these cases is whether companies knowingly sold defective products or overcharged federal agencies for items sold at home or offered to U.S....