In New York State Courts, the Plaintiff, or the person that is suing for money damages, has the burden of proof, meaning that the New York plaintiff must present evidence establishing that he or she is entitled to recover compensation from the defendant. Conversely, the defendant has no legal obligation…
The fatal car crash on New York’s Bronx River Parkway this past Wednesday has Westchester residents calling for stricter traffic enforcement. An elderly Yonkers couple, Ralph and Phyllis Cecere, were killed in the horrific car accident car crash when a Honda driven by 18 year old Justin Martinez collided with…
New York Governor Eliot Spitzer has unveiled a plan for a multi-tiered driver’s license which has support from the federal government yet is facing much opposition in New York, including by many representing undocumented immigrants. The plan calls for three types of licenses: 1. An enhanced driver’s license which will…
On October 25, 2007, the United States Senate rejected the Dream Act (Development, Relief and Education of Minors Act) by a vote of 52-44. The Dream Act would have allowed illegal immigrants who plan to attend college or join the military, and who arrived in the United States with their…
In New York, in order to win a case when you are injured in a slip/trip and fall accident, the most important factor is proving “Notice.” Notice is the legal term which means knowledge by the defendant supermarket, shopping mall, department store, other place of business, or municipality, that a…
When clients come to our office after having suffered injuries in a New York car accident, often their car has been totaled by the insurance company, and no photographs were taken of the damage to their vehicle. This presents two major obstacles to a successful resolution of the case. First,…
As an update to our October 19, 2007 report, a second review of Playland Amusement Park in Rye, New York is not nearly as favorable as the initial report. H. Harold Hudson, a consultant retained by Westchester County Executive Andrew Spano, has determined that although ride operators performed their duties…
The National Highway Traffic Safety Administration (NHTSA) has released its annual report analyzing motorcycle helmet use throughout the United States. Helmet usage in the northeast has increased from 47% in 2006 to 58% in 2007, which unquestionably reduces fatalities and personal injuries suffered in New York motorcycle accidents. Helmet use…
When clients come to our White Plains, New York office after suffering personal injury, the first question they ask is the same: “Do I have a injury case or don’t I?” The answer to this question revolves around three basic issues, as well as some other considerations which may be…
Joe, a 32 year old Westchester County resident, is driving his 2008 Lexus to meet friends in New York City. On his way south on the F.D.R. drive, he is in a serious car accident with a New York City taxicab with a minimal liability insurance policy. Joe is taken…