Notice Provided By Big Apple Pothole Map Called Into Question
According to yesterday’s City Room blog in the NY Times, the Big Apple Pothole Map may be going the way of the dinosaurs. Apparently, the Court of Appeals ruled in two cases yesterday that the map did not provide sufficient notice to allow claims resulting from slip and fall accidents to go forward. The problem, according [...]
Law for a SNOW DAY
Welcome to TNYMMLB’s SNOW DAY EDITION. Today, we talk about, what else, snow. What is a landowner’s duty to those who might walk by or through his land when there is a snow storm? The Appellate Division, First Department wrote on this as recently as December 9, 2008, in Espinell v. Disckson, NY Slip Op [...]
Counterintuitive Case Law from the Second Dept.
As practitioners of personal injury and medical malpractice law, most of us know the difference between standard negligence, and medical malpractice, even though both can occur in a hospital or doctor’s office setting. Letting a patient who is about to be operated on fall off the surgical table so that he breaks his hip would [...]