New York Trial Lawyers Blog

Defendant in a Medical Malpractice Action Requests a Reduction in the Amount of Damages Awarded by the Jury- Thomas V. Burack, 2009 NY Slip Op 32647(U) (N.Y. Sup. Ct. 10/21/2009)
Law Offices of Smith & Jones

In this medical malpractice case the defendants requested that the court reduce the amount of damages for pain and suffering, loss of services, as well as the amount of damages awarded for pecuniary loss. In April of 2003 decedent Thomas was admitted to Downstate Hospital for single bypass heart surgery and a mitral valve repair.…

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New York Appellate Court Rules that Date of Filing Controls Change of Venue Argument
Law Offices of Smith & Jones

For the Supreme Court of the State of New York, the prescribed venue of an action is codified at and statutorily authorized by Article 5 of the CPLR. The statutory scheme provides that “notwithstanding the provisions of this article, the place of trial of an action shall be in the county designated by the plaintiff,…

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NY Court Rules Plaintiff’s Claim is Dismissed Pursuant to CPLR §§ 321 land 3212 and Article 51 – Branch v. Metro. Suburban Bus Auth., 2010 NY Slip Op 33281 (N.Y. Sup. Ct., 2010)
Law Offices of Smith & Jones

In this personal injury case, the defendant disputes that the plaintiff suffered a “serious injury” as defined by § 5102(d) of New York Insurance law. Under New York law, in order for a plaintiff to be able to recover damages based on the negligence of another person or entity, the plaintiff must have suffered an…

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