Often times in Personal Injury cases, the injury itself becomes an issue. Not all injuries are sufficiently damaging to be considered “serious” under New York Insurance Law, section 5102(d). The facts of each particular case will determine whether or not each claimed injury meets the threshold of a “serious injury” under this statute. In order to cross the threshold and satisfy the statute, the nature of the injury itself must be a “permanent consequential limitation of use of a body organ or member” or “significant limitation of use of a body function or system.” These standards were interpreted by the Court in Toure v. Avis Rent a Car Systems, Inc., 98 N.Y.2d 345, 350, 746 N.Y.S.2d 865 (2002) and later strengthened by the Courts in Perl v. Meher, 18 N.Y.3d 208, 936 N.Y.S.2d 655 (2011) and Adler v. Bayer, 77 A.D.3d 692, 909 N.Y.S.2d 526 (2d Dep’t 2010). Patrick Higgins, Esq. discusses the significance of these cases in great detail in The Plaintiff’s Personal Injury Action in New York State.
Understanding the categories of injuries and the way in which the law views each type of injury can be a daunting task. It is in your best interest to consult with an attorney to help clarify any questions you may have about whether or not your injury will pass the threshold of a “serious injury” under New York Insurance Law, section 5102(d).
Just for informational purposes; there also exists a 90/180 rule. This rule includes injuries that cause an injured victim to miss 90 out of 180 days from work. This particular post is not directed towards explaining this category but it is important to be aware of.
As always, if you need assistance with any aspect of your Personal Injury case, including threshold questions, please call (516) 858-2620 to speak to a Personal Injury attorney today!
Disorderly Conduct – New York Penal Law Section 240.20
In New York, Disorderly Conduct occurs when a person intentionally or recklessly creates a risk of public inconvenience, annoyance or alarm. Disorderly Conduct can be committed several different ways (see statute below). Disorderly conduct is a violation (not a misdemeanor or felony). Disorderly conduct is a common charge in New York. However, it is not always properly charged.
The Disorderly Conduct statute reads as follows:
A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:
1. He engages in fighting or in violent, tumultuous or threatening behavior; or
2. He makes unreasonable noise; or
3. In a public place, he uses abusive or obscene language, or makes an obscene gesture; or
4. Without lawful authority, he disturbs any lawful assembly or meeting of persons; or
5. He obstructs vehicular or pedestrian traffic; or
6. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or
7. He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.
The NY Court of Appeals, New York’s highest court, has made it clear that evidence of actual or threatened public harm (inconvenience, annoyance, or alarm) is a necessary element of a valid disorderly conduct charge (People v. Baker, 20 N.Y.3d 354, 960 N.Y.S.2d 704, 984 N.E.2d 902 [2013]; People v. Weaver, 16 N.Y.3d 123, 919 N.Y.S.2d 99, 944 N.E.2d 634 [2011] ).
Thus, the state must be able to prove that the defendant either intended to cause public inconvenience, annoyance or alarm or was reckless in creating a risk thereof.
Filing Notice of Claim in Personal Injury Lawsuit
A Notice of Claim must be served on any Municipality or Department of a Municipality before an action can be commenced against that Municipality. It is important to remember that The Uniform Notice of Claim Act took effect on June 15, 2013. Several rules were amended regarding properly serving a Notice of Claim.
There are a few unique aspects of a personal injury lawsuit against a Municipality. The Notice of Claim and shortened Statute of Limitations however are the most important to know. Failure to serve a Notice of Claim or serving a Notice of Claim to the wrong entity can permanently preclude your ability to bring the action. It is therefore in your best interest to discuss the serving of a proper Notice of Claim with an attorney.
Personal Injury Attorney in Long Island
As always, if you or a family member have been injured due to the fault of a Municipality, call (516) 858-2620 to speak to an experienced personal injury attorney today!
Eviction of a tenant for criminal drug activity
A very interesting decision came down on April 11, 2014 regarding the eviction of a tenant for criminal drug activity. The Appellate Term ruled that in order to evict a tenant for criminal drug activity, the tenant’s possession of illegal drugs is not enough. The landlord must also be able to prove the tenant’s intent was to use the drugs in a criminal manner. The crime of possession is not insufficient for this purpose, Los Tres Unidos Associates, LP v. Angel Mercado, “John Doe” and/or “Jane Doe” 2014 WL 1408540.
This is important for landlords to understand. A distinction must be made between the landlord’s knowledge of a tenant’s possession drugs and a tenant selling drugs or using drugs in a manner that is considered a criminal drug activity. This may save a landlord the time and money for bringing a Holdover Proceeding that cannot succeed. If you insist on moving forward with such a Holdover Proceeding, be ready to prove the tenant’s intent to engage in criminal activity with regards to the drugs.
As always, if you have questions about evicting a tenant, call (516) 858-2620 to speak to a landlord tenant attorney that can assist you!
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