Brian Curtis Pascale's Guides

The Personal Injury Claim – Part 2

Always remember, the Insurance Company Adjuster is NOT your friend. They will attempt to come off this way in a way to lure you into trusting them. Do not be fooled. Once they gain your trust the adjuster will then make you an a low settlement offer. When you waiver they will dis...

The Personal Injury Claim – Part 1

Insurance companies are mainly devoted to collecting premiums and reducing the payment of claims. Many carriers follow this approach, and when they receive valid insurance claims they delay, delay, delay. When that method fails, the carriers then deny and/or defend the claims reg...

Questions to Ask Yourself after you have Been Injured on Someone’s Property

When someone is injured on another persons property it is imperative that the injured party speak with a personal injury attorney immediately. If the injured party is contacted by the property owners insurance carrier first, it is important that they do not give them any informat...

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Forum Non Conveniens

A motion to dismiss pursuant to CPLR 327(a) on the ground of forum non conveniens is addressed to the sound discretion of the Court, and the resulting determination will not be set aside absent an improvident exercise of that discretion or a failure by the Court to consider the r...

Summary Judgment Denied where there is Conflicting Evidence as to Whether a Storm was in Progress

In the recent Second Department decision in Lester v. Ackerman, 2011 NY Slip Op 01808, the Court upheld Justice Knipels denial of Defendants Summary Judgment motion. In support of their motion the Defendant submitted the affidavit of a meteorologist to support its contention that...

New York Law Permits Summary Judgment to Plaintiffs Injured by Defendant's Left Turn

In the recent Second Department Decision in Heath v. Liberato, 2011 NY Slip Op 01803, the Court upheld Justice Schack's decision from Kings County which granted Plaintiff's motion for summary judgment on liability due to Defendant's making a left turn in front of his vehicle's p...

Grocery Store Liability

First things first, you need to know what you slipped on. Hopefully you have a photograph of it. There are multiple ways a supermarket can be liable when a person trips or slips and falls in the store. One way is what we call "Cause and Create." This is when the store's employees...

New York City's Sidewalk Law

NEW YORK CITY ADMINISTRATIVE CODE 7-210 DOES NOT APPLY TO INJURIES RESULTING FROM A DEFECTIVE CURB CONDITION AND REMAINS THE RESPONSIBILITY OF THE CITY OF NEW YORK A New York City Summary Judgment motion based on New York City Administrative Code 7-210 should be denied where t...

What To Do After You Get a Traffic Ticket

Unless it is a Red Light Camera ticket it is almost always worth while to dispute a ticket. If you want to dispute the ticket the first thing you need to do is mail the ticket in "Not Guilty" to the address listed on the back. Besure to check the box that you are requesting a su...

Failure to Preserve Key Evidence Subjects Spoliators to Sanctions

Failure To Preserve Key Evidence Subjects Spoliator To Sanctions Including Striking Of Pleading Or Preclusion Striking a party's pleading is warranted when the failure to supply discovery is so pervasive that it in effect precludes an opponent from making out his action or defen...