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As recently pointed out by former Queens County Supreme Court Justice Leonard L. Finz in his article titled: The Duty of a School to a Student Injured in a School Activity (10/12/12), there are several factors that must be proven in order for a student to succeed in holding a

Crane accidents can cause serious injury and/or death not only for the operator[s] of the crane, but for unsuspecting individuals in neighboring buildings that get struck or those on the ground who have debris raining down upon them. This is especially so in a large metropolis such as New York

A recent case, Pavone v. Marte, decided by Justice Bernard J. Graham on September 19, 2012, addresses the emergency doctrine, a New York rule adopted from the common law. The interesting facts are these: The defendant Marte was a counselor of a day camp who at the time, had a

American law is essentially rooted in fairness. Thus it permits an injured plaintiff to sue for personal injuries, and conversely gives a concomitant right to a defendant to defend a case brought against it. Based upon that common law premise, neither party can willfully destroy evidence that the non-violating party

Questions often arise as to the rights of the citizen who claims police brutality and personal injury before, during, or after an arrest. Does such an individual have a cause of action against the allegedly offending police officer and the municipality or the state that employs him? The answer depends

There are millions of vehicles on our nation’s roads, which number increases with our population each year as the roadways necessary to handle the heavy flow seem to shrink. Inching along with bumper-to-bumper traffic is not only a frustration and time-waster, but a reality every motorist experiences. Thus, with hordes

On October 5, 2012 a front-page article appeared in the business section of the New York Times, it’s title, “Two Sides of Product Liability – A Factory’s Closing Focuses Attention On Tort Reform”. The article tells the story of the closing of a plant in Oklahoma [with the loss of

With millions of students in public schools, accidents and injuries are a statistical reality. The legal questions that emerge in those cases where a student injured are: What is the duty the school owes to the student and what liability attaches to the school? The body of law that determines

A party who claims injury through the neglect of another must institute suit within the period prescribed by law or be barred by the applicable statute of limitations. What is a statute of limitations and why does it exist in American law? Essentially, each right that is denied or infringed

An action against New York City requires that a Notice of Claim be filed within ninety days of the event that is the subject of the claim. Essentially, the Notice of Claim must contain sufficient enough detail in order that the municipality will have an opportunity to timely investigate and