Category Archive: Legal News

  • Can I Sell My Car with an Open Insurance Claim?

    If your car has been damaged in a car accident that was caused by someone else’s negligence, you may feel the need to move forward by selling your vehicle prior to the insurance claim being finalized. The costs you’re experiencing can put an immense financial strain on you, and selling may seem like your best option. It is important to take careful stock of your exact situation before doing so. If you are facing a conundrum of this kind, our experienced New Jersey insurance attorneys can help make the right decision for you in your unique situation read more
  • Contract Prevents Personal Injury Plaintiff From Recovery

    Plaintiff slipped and fell on sweat at her gym, causing injury to her elbow that required surgery. Prior to joining the gym, plaintiff signed a contract that prevents an injured patron from suing the gym for negligence for any injuries sustained while using the gym. The New Jersey Appellate Division upheld the trial court’s decision to dismiss the case because the contract prevented plaintiff from suing the gym for negligence in connection with “voluntarily use of equipment and participation in instructed activity.” Plaintiff tried to amend her read more
  • Injury Risks in NYC

    New York is a beautiful city, and people from all over the country and the world always visit the city to enjoy the same things many of the locals enjoy in this bustling city. Things such as the world’s finest restaurants, Broadway shows, excellent museums, and Central Park, among many others. As the New York Times reported, a record 65 million people visited the city in a recent year. Unfortunately, like any large metropolitan city, and with that many people around the city, New York has its fair share of accidents and injuries, even among the read more
  • Emotional distress injury caused by medical malpractice must be supported by expert testimony

    New Jersey Appellate Division upheld the dismissal of a claim for medical malpractice because the claimed emotional distress injury was not supported by expert testimony. The Court ruled that unless the claim involved “intentional conduct” or had other special circumstances that created “an especial likelihood of genuine and serious mental distress”, the claim could not proceed without supporting expert testimony.  Clark v. Nenna, 465 N.J. Super. 505 (App. Div. 2020). If you have a New Jersey medical malpractice claim involving emotional read more
  • Workers’ Compensation Insurers Eligible To Recover Medical Expenses

    The Appellate Division of the New Jersey Superior Court found that medical expenses are recoverable by Workers’ Compensation insurers. Relying on Section 40 of the Workers’ Compensation Act (WCA), the Court found that Workers’ Compensation carriers may claim part of a judgment where a worker obtains recovery from a third-party tortfeasor. If an employee, including green card employee, suffers in a work-related accident, receives recovery for his or her injuries, and relies on workers’ compensation benefits for recovery,

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  • First Department Appellate Division Approves Construction At Pier 55


    The First Department Appellate Division is allowing construction of a 2.4-acre park on Pier 55 to proceed. The Court determined on September 9th, 2016 that the construction complies with New York environmental review and parkland use laws. The project, set for construction on the Hudson River shoreline and 13th Street, has received the support of Governor Cuomo, who proclaimed in a statement that he believes it will result in a

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  • New York State Legislature Shortens Foreclosure Proceedings

    The state legislature signed Chapter 73 of the Laws of New York into law during the summer in an attempt to shorten foreclosure proceedings. New York foreclosure proceedings are some of the longest in the United States, and are now subject to expedited measures, including a notable amendment to CPLR §3408 shortening the timeline of the mandatory foreclosure settlement conference. The settlement conference requirement allows a citizen borrower to negotiate with their lender in the hopes of preventing the borrower from losing his or

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  • $2,400,000 Verdict For Herniated Disc With Surgery

    Upheld By Superior Court Of New Jersey, Appellate Division


    Plaintiff sustained a herniated disc as a result of defendants’ truck collision with plaintiff’s parked vehicle. The jury heard evidence that the herniated disc was surgically removed but the forty-year-old plaintiff has and will continue to live with persistent back pain and discomfort. The jury awarded plaintiff $2

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