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Category: New York Law

Can You Sue for an Off the Clock Work Injury in New York?

Posted on August 8, 2025 By rehan.rafique No Comments on Can You Sue for an Off the Clock Work Injury in New York?
Can You Sue for an Off the Clock Work Injury in New York?

Many workers in New York find themselves arriving early, staying late, or doing quick errands for their boss after hours. But what happens if you’re injured during that time—when you’re technically “off the clock”? Can you still file a lawsuit or receive compensation for your injuries? Let’s look at how the law handles these situations…

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New York Law

Failure to Advise Client of Legal Malpractice Potential Claim

Posted on August 5, 2025 By rehan.rafique No Comments on Failure to Advise Client of Legal Malpractice Potential Claim
Failure to Advise Client of Legal Malpractice Potential Claim

In Matter of Blyer 2025 NY Slip Op 04005 Decided on July 2, 2025 Appellate Division, Second DepartmentPer Curiam., the attorney did a lot of things commented on by the Appellate Division and the Referee. Amongst them was the failure to advise the client of a potential malpractice claim. “The amended petition contains seven charges…

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New York Law

Filing a Rideshare Accident Claim as a Passenger in New York

Posted on August 3, 2025 By rehan.rafique No Comments on Filing a Rideshare Accident Claim as a Passenger in New York
Filing a Rideshare Accident Claim as a Passenger in New York

Accidents involving Uber or Lyft passengers can feel confusing because more than one party may be responsible, and multiple insurance companies may be involved. These cases are not always as simple as filing a standard car accident claim. Knowing how liability and insurance coverage work is essential if you are hurt while riding as a…

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New York Law

Is Anti-Slapp the New Legal Malpractice Frontier?

Posted on July 31, 2025 By rehan.rafique No Comments on Is Anti-Slapp the New Legal Malpractice Frontier?
Is Anti-Slapp the New Legal Malpractice Frontier?

We will be the first to admit surprise at the application of Anti-Slapp principles to legal malpractice cases. Nevertheless, references have started to creep into court’s decisions. Avanza Group, LLC v Golenbock Eiseman Assor Bell & Peskoe LLP 2025 NY Slip Op 32125(U) June 13, 2025 Supreme Court, New York County Docket Number: Index No….

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New York Law

NY Court Upholds Subcontractor’s Right to Trust Fund Accounting Under Lien Law § 76

Posted on July 30, 2025 By rehan.rafique No Comments on NY Court Upholds Subcontractor’s Right to Trust Fund Accounting Under Lien Law § 76
NY Court Upholds Subcontractor’s Right to Trust Fund Accounting Under Lien Law § 76

In a significant decision for New York construction contractors and subcontractors alike, the Supreme Court, New York County, recently denied a petition by Tishman Construction Corporation to vacate a Lien Law § 76 demand made by its former subcontractor, Agir Electrical, Ltd. d/b/a Pinnacle Electrical (represented by Kushnick Pallaci). The ruling reinforces the strength and…

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New York Law

A Put, Ten Million Dollars and a Malpractice Action

Posted on July 26, 2025 By rehan.rafique No Comments on A Put, Ten Million Dollars and a Malpractice Action
A Put, Ten Million Dollars and a Malpractice Action

DKSJ, LLC v Cohen 2025 NY Slip Op 32574(U) July 14, 2025 Supreme Court, New York County Docket Number: Index No. 653100/2024 Judge: Margaret A. Chan is part of a larger group of cases including a legal malpractice case. The legal malpractice case, not entirely fleshed out here, appears to be a question of whether…

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New York Law

How to File a Personal Injury Claim Against a Government Agency in Westchester County

Posted on July 24, 2025 By rehan.rafique No Comments on How to File a Personal Injury Claim Against a Government Agency in Westchester County
How to File a Personal Injury Claim Against a Government Agency in Westchester County

Accidents involving government vehicles or property—like city buses, sanitation trucks, or neglected roadways—can lead to serious injuries. But filing a claim isn’t as simple as it would be with a private driver. In Westchester County and throughout New York, special legal rules apply when the at-fault party is a government entity. If you were hurt…

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New York Law

Losing Summary Judgment by Veering From the Narrative

Posted on July 21, 2025 By rehan.rafique No Comments on Losing Summary Judgment by Veering From the Narrative
Losing Summary Judgment by Veering From the Narrative

Medley Mgt., IncLowenstein Sandler, LLP 2025 NY Slip Op 32436(U) July 6, 2025 Supreme Court, New York County Docket Number: Index No. 651987/2022 Judge: Joel M. Cohen is a thoughtfully written grant of summary judgment in a legal malpractice case. Here is the intro: “At a high level, this case involves a financially troubled client…

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New York Law

Can Dashcam Footage Help Your Auto Accident Claim in New York?

Posted on July 19, 2025 By rehan.rafique No Comments on Can Dashcam Footage Help Your Auto Accident Claim in New York?
Can Dashcam Footage Help Your Auto Accident Claim in New York?

Dashcams are becoming more common in New York—and for good reason. These small cameras, mounted on your dashboard or windshield, can be powerful tools when you’re involved in a car crash. At Gash & Associates, P.C., we’ve seen how dashcam footage can strengthen a personal injury claim—or in some cases, hurt it. Here’s what you…

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New York Law

PET LAW – EMOTIONAL DISTRESS IN THE ZONE OF DANGER

Posted on July 18, 2025 By rehan.rafique No Comments on PET LAW – EMOTIONAL DISTRESS IN THE ZONE OF DANGER
PET LAW – EMOTIONAL DISTRESS IN THE ZONE OF DANGER

The Court makes a carve-out to the zone of danger rule: “A plaintiff who experiences emotional distress due to witnessing the death of a family pet in the zone of danger proximately caused by a defendant negligently operating a motor vehicle may file a claim for NIED if the pet was leashed to the plaintiff…

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New York Law

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