Legal Procedure Decision
In Roseman v. Baranowski, 2014 NY Slip Op. 05635, the Second Department allowed Plaintiff leave to amend the summons and complaint in order to add a doctor as a defendant after EBT’s (depositions) were conducted. Plaintiff’s reason to add the doctor was that the doctor was “united in interest” with the original Defendants. The Court focused on the fact that the doctor being added either knew or should have known that he should have been included in the original action. More specifically, using the relation back doctrine, the Court considered if the new Defendant had notice within the applicable statute of limitations period. Hospital records listing work performed by new Defendant were used as proof of the new Defendant’s notice.
This case illustrates the importance of correctly bringing an action against all parties in interest. Failure to include a party can be detrimental or fatal to your case.
As always, if you have questions regarding the commencement of an action, call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak with a Litigation Attorney today!
Car Accident Injuries
An interesting decision was made in Cattan v. Sutton, 2014 Slip Op 05764 (8/13/14). The case involved an automobile accident in which Defendant made a motion for summary judgment. The full case can be read at the aforementioned site. The ruling in this case points to the fact that a driver having the “right of way” does not necessarily mean that the driver is exempt from being a proximate cause of an accident. The possibility exists that there can be more than one proximate cause of an accident. It is important to note that a duty for each driver exists. That duty is to see what there is to be seen through the proper use of the driver’s senses. This duty exists even when the driver has the “right of way.”
This ruling is important in evaluating a personal injury case stemming from an automobile accident. Just being injured by another driver who engaged in improper conduct on the road is not enough. Comparative fault must be eliminated. By doing so, a Plaintiff’s case is made stronger and the likelihood of success is increased.
New York Personal Injury Attorneys
As always, if you have been in an automobile accident and seek the assistance of an experienced attorney, please call The Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 today to schedule a free consultation!
Broker sought to recover commission or finder’s fee of $1,250,000.
A NY Broker, who was not registered or licensed as real estate broker in Florida, brought an action against the purchaser of real property in Florida seeking to recover a brokerage commission or finder’s fee of $1,250,000. Plaintiff alleged that it was the procuring cause of Defendant’s $50 million real estate purchase and was entitled to a 2.5% commission.
It does appear that the Plaintiff was substantially involved with the location and procurement of the property. However, the Court granted the defendant’s motion to dismiss. The Court found that Florida law applied, since the subject transaction involved Florida real estate owned by Florida entities and the broker seeking a commission performed acts in that jurisdiction. The Florida Real Estate Licensing Act prohibits a person from operating as a broker or sales associate without being the holder of a real estate broker’s license. Moreover, finders must also be licensed under Florida law.
Therefore, the Court found that neither the plaintiff nor the broker in question was registered or licensed as a real estate broker in Florida and that precluded payment of a commission.
HALSTEAD PROPERTY LLC, Plaintiff, v. THOR URBAN INVESTMENTS LLC, Defendant.
Motor Vehicle Accident Decision
In an important motor vehicle accident decision in January of 2014, the Appellate Division affirmed a summary judgment for the defendant in Lee v. D. Daniels Contr., Ltd., 2014 NY Slip Op 00487. This case centered around an interesting question, to wit, Does a parties conduct in furnishing the conditions for the accident also make that party a proximate cause of the accident? Based on this decision the answer is surprisingly, not necessarily. Causal relationships have everything to do with liability in personal injury cases. This case also shows us that it is important to keep up with current case law in order to evaluate the likelihood of success for a particular matter. Automobile accidents are very intricate and should be evaluated by an attorney.
Personal Injury Attorneys in Mineola
As always, if you were involved in an automobile accident and want to speak with an experienced attorney, call The Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 today!
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