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Articles Posted in Premises Liability

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Cuidado! Sidewalk Hazard law in New York versus Costa Rica

Photo above:  A New York sidewalk defect, suitably marked with orange cones. I love traveling and have done a lot of it, including in Mexico and Central America.  Right now I am in Costa Rica.  Love it here!  The people are super friendly, the climate is awesome, the food great. …

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If You Are Injured By Falling Tree Or Branch In A Public Park In New York, Can You Bring A Personal Injury Claim?

I am representing – not for the first time – a personal injury plaintiff who was struck and injured by a falling tree. Very strong case.  But when I tell non-lawyers I am representing a falling-tree victim, they blurt out something like this: “Wow, a tree falls and you can…

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Drunken Student’s Dash Into The Gorge Will Go To Trial

I came across an article recently in the New York Law Journal titled “Drunken Run Could Leave Cornell Liable for Fatal Fall”. It’s about a case judge Ramsey (Ithaca, Tompkins County) recently decided where a drunken, and possibly stoned, Cornell University student suddenly bolted from the friends he was walking…

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“Beam Me Up Scotty” — Central NY Injury Lawyer Discusses Courtrooms of the Future

Next Tuesday I’ll be jumping on a plane to Central America. But I won’t be on vacation. I’ll be representing my Guatemalan clients as they get deposed, remotely, by video, from Syracuse, NY. There’ll be an interpreter with us. How did I end up in Guatemala on a case? That…

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NY Health Clubs Must Have But Need Not Use AED’s, New York’s Highest Court Rules

Last year I blogged about a case (Miglino v. Bally Total Fitness) where one of New York’s intermediate appellate courts (the Second Department) held that health and fitness clubs in New York State must actually use automated external defibrillators (AEDs) when necessary, and not just have them available. If not,…

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Central NY Trip-And-Fall Lawyer Takes Advantage Of Poorly Drafted Village Law

Life is full of surprises. I got one yesterday. A client suffered a very bad injury from tripping on a sidewalk defect in a village near Geneva, New York (I won’t name names!). Normally, trip-and-fall on sidewalk cases are nearly impossible to win because of a special law that protects…

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