Gunshot Victim

In Kelly v. Norgate Business Associates, a case that originated in the Bronx Supreme Court and went up on appeal, a gunshot victim was able to proceed to a jury trial in his action to recover damages against the building owner and its security company after he was shot in an apartment building lobby. The victim was visiting a friend in the building. When he entered he found the locks broken and the security guard never asked him to sign in. There was a group of 10 to 12 men in the lobby near the guard. When the victim left the the building, a fight broke out and the victim was shot, while the guard did nothing but call police only after shots were fired. The Appellate Division ruled that the victim may recover as a third-party intended beneficiary of the security contract between the building owner and the security company where there was evidence that security officers were to safeguard lives and not just property. It also noted the building owner may also be found liable as a jury may find the assailant was an intruder who entered and exited the building through the broken doors. www.foleygriffin.com

Notice of Claim Against Town Must Be Specific

In Godwin v. Town of Huntington, the Second Department Appellate Division threw out the lawsuit and claim of Ms. Godwin who was injured in an car accident with a vehicle owned by the Town of Huntington. In almost all cases against a government, like the Town of Huntington, the law is clear (General Municpal Law Section 50-e). A a Notice of Claim must be filed with the government within 90 days from the date of the accident/incident. Only when the governenment has actual knowledge of the essential facts of the claim will the courts allow an extension of the time period after 90 days, but not past 1 year and 90 days. The Court held in this case that the claim must be dismissed because the Notice of Claim was filed 99 days after the accident and not within the 90 days as required. The Court also mentioned that there would be no extension of the time to file because the Notice of Claim did not mention the essential facts of the accident, and the police report that the town did receive within the 90 days did not mention any of the claims of negligence alleged by Ms. Godwin. www.foleygriffin.com

Deposition Permitted Through Video Teleconferencing

In Guthartz v. First Wall St. Securities of NY Inc., the elderly and infirm plaintiff, who is a Florida resident, requested of the Court to order that his deposition in the Nassau County, New York case be conducted by video teleconferencing, and not in person as the general rule and custom. Defendant disputed plaintiff's inability to travel, claiming the "true purpose" of the motion was to avoid disclosing that plaintiff may not be of sound mind to continue the litigation. The court stated rebuffed defendant's argument that conducting the deposition by video conferencing would impair his ability to inquire as to plaintiff's competency or any substantive issue in the case. The courts are given wide discretion in discovery issues by New York law. The Nassau County judge decided that due to plaintiff's ill health, it would be an undue hardship for plaintiff to travel to New York and granted his request to have his deposition by live video conference from plaintiff's Florida home. www.foleygriffin.com

Foley Griffin Jacobson & Faria, LLP

At the law firm of Foley, Griffin, Jacobson & Faria, LLP, our attorneys have over 45 years of combined experience and are committed to achieving superior results for every client we serve. Our dedication has paid off in numerous large personal injury and wrongful death verdicts and settlements as well as successful criminal defense verdicts and resolutions. At Foley, Griffin, Jacobson & Faria, LLP, we take pride in developing thorough and effective courtroom presentations that get results. At trial, our attorneys utilize state-of-the-art digital technology that presents evidence in a hard-hitting manner, which impresses upon a jury the seriousness of our client's claims. From inception, we prepare every case as if it will go to trial. Contact our office to schedule a free consultation to discuss your New York personal injury, auto accident or wrongful death case. Call 1-888-525-3924 or visit our website at www.foleygriffin.com.