Syracuse Personal Injury Law Blog

New York Court Discusses Notice in Slip and Fall Cases

Published on: January 30, 2026 | By Jeff DeFrancisco

Personal injury claims arising from slip-and-fall accidents frequently turn on whether a property owner exercised reasonable care to maintain safe conditions and address known hazards. Defendants often attempt to avoid liability by asserting a lack of control over the premises or by denying notice of a dangerous condition. A recent New York decision examined these arguments in the context of a fall caused by water accumulation inside a multi-story building. If you were injured in a slip and fall accident, it is advisable to consult a Syracuse personal injury attorney about your potential claims.

Facts and Procedural History

It is reported that the plaintiff was injured after slipping and falling on a wet floor at a building owned by the defendant. The accident occurred on a fifth-floor landing near a stairway, where water had accumulated on the floor.

Allegedly, the water was caused by a leak through a skylight located above the landing. The plaintiff testified that it had rained the day before the incident and again on the morning of the fall. She further stated that, after her fall, she observed water leaking from a light fixture and onto the hallway floor. Continue Reading ›

New York Court Discusses Medical Malpractice Claims Against Public Hospitals

Published on: January 26, 2026 | By Jeff DeFrancisco

Medical malpractice claims against public hospitals present unique procedural hurdles that can be just as critical as the underlying medical issues. New York law requires strict compliance with notice-of-claim statutes before a plaintiff may pursue state-law tort claims against municipal entities. Failure to meet these requirements can bar otherwise meritorious malpractice claims, as discussed in a recent New York case. If you were harmed by negligent treatment at a public hospital, it is advisable to consult a Syracuse medical malpractice attorney to protect your rights.

Facts and Procedural History

It is reported that the plaintiff was involuntarily admitted to a public hospital for psychiatric treatment and remained hospitalized for approximately one week. The hospitalization formed the basis of subsequent legal claims alleging improper medical and psychiatric care during the admission.

Allegedly, the plaintiff commenced a federal civil action asserting constitutional claims arising from the involuntary admission and treatment. The lawsuit named the public hospital and individual physicians as defendants and proceeded through discovery and pretrial scheduling over more than a year. Continue Reading ›

New York Court Addresses Liability in Rear-End Collision Cases

Published on: December 25, 2025 | By Jeff DeFrancisco

Rear-end motor vehicle collisions remain one of the most common causes of personal injury claims in New York, yet liability disputes frequently arise even when the facts appear straightforward. Courts are often asked to determine whether a trailing driver can overcome the presumption of negligence that applies in rear-end crashes. A recent decision from a New York court reinforces the legal standards governing these cases and clarifies the limited circumstances under which a defendant may avoid summary judgment on liability. If you were injured in a car accident, you should confer with a Syracuse personal injury attorney who can help clarify how these rules apply and what steps are necessary to protect a claim after a serious collision.

History of the Case

It is reported that the plaintiff commenced a personal injury action seeking damages for injuries sustained in a motor vehicle accident. The plaintiff alleged that while operating her vehicle, she was struck from behind by a vehicle operated by the defendant driver and owned by a co-defendant.

Allegedly, following the commencement of the action, the plaintiff moved for summary judgment on the issue of liability. The motion asserted that the plaintiff’s vehicle was stopped at the time of the impact and that the defendant driver failed to maintain a safe distance and speed, resulting in a rear-end collision. Continue Reading ›

Court Explains Motion Practice in New York Medical Malpractice Cases

Published on: December 24, 2025 | By Jeff DeFrancisco

Medical malpractice and wrongful death cases frequently turn on procedural rulings that determine whether claims will ever reach discovery or trial. Among the most consequential are motions addressing statutes of limitations and the manner in which courts evaluate early dismissal requests. A recent decision from a New York court emphasizes the importance of following proper motion practice and preserving a plaintiff’s opportunity to litigate factual disputes related to timeliness and continuous treatment. If you lost a loved one due to a delayed diagnosis, you should consider speaking with a Syracuse medical malpractice attorney to understand how procedural law may affect your case.

Facts and Procedural History

It is reported that the plaintiff commenced an action individually and as the proposed administrator of a decedent’s estate seeking damages for medical malpractice, wrongful death, and related claims arising from the decedent’s medical care at a hospital and by treating physicians. The complaint alleged that departures from accepted medical practice contributed to the decedent’s injuries and eventual death.

Allegedly, after the defendants answered the complaint, certain hospital and physician defendants moved to dismiss the action on statute-of-limitations grounds pursuant to CPLR 3211(a)(5). The defendants also sought dismissal of a separate cause of action alleging emotional distress under CPLR 3211(a)(7) for failure to state a claim. Continue Reading ›

Court Explains Constructive Versus Actual Notice in New York Slip and Fall Cases

Published on: November 30, 2025 | By Jeff DeFrancisco

Claims arising from slip-and-fall incidents in residential and institutional settings often turn on a critical question: whether the property owner knew, or should have known, of a hazardous condition. A recent decision from a New York court demonstrates the evidentiary burdens placed on both sides and highlights how constructive notice, rather than actual notice, often becomes the decisive factor. If you were hurt in a slip and fall accident, you should consider consulting a Syracuse premises liability attorney to better understand how New York law applies to your situation.

Factual and Procedural Background

It is reported that the plaintiff, a university student residing in on-campus housing, slipped and fell on an interior stairwell in her dormitory. She asserted that she encountered an accumulation of water while descending the stairs, causing her to lose her footing and sustain injuries. Weather conditions that day included snow, and the plaintiff described feeling a slippery substance beneath her feet just before she fell.

Court Dicusses Notice in Medical Malpractice Claims Involving New York Public Entities

Published on: November 26, 2025 | By Jeff DeFrancisco

When injuries or death occur in a county-owned medical facility, the affected family often faces not only medical uncertainty but also complex procedural requirements governing claims against municipal entities. New York’s notice-of-claim rules operate on accelerated timelines, and failure to comply can bar claims that might otherwise be viable. A recent New York decision concerning treatment provided by a county hospital illustrates how courts evaluate accrual, continuous treatment, and late-notice applications in cases involving malpractice, negligence, and wrongful death. If you believe improper medical care in a public facility caused serious harm to a loved one, you should speak with a Syracuse medical malpractice attorney to safeguard your rights.

Facts of the Case and Procedural History

It is reported that the decedent was first admitted to the respondent county hospital in early September 2022 following injuries from a fall. During this initial admission, the hospital provided treatment for injuries related to the fall, and the decedent later returned to the facility for rehabilitation services. The decedent remained at the hospital through late September 2022, during which time a second fall allegedly occurred inside the facility. This event was followed by additional complications, further treatment, and ultimately surgical intervention to address the worsening condition.

Allegedly, after the decedent was discharged, the medical condition deteriorated significantly, and the decedent died from sepsis in mid-November 2022. The claimant later sought to pursue medical malpractice, negligence, and wrongful death claims against the county and its hospital, asserting that the hospital’s alleged failures in supervision, monitoring, and treatment contributed to the injuries and subsequent death. Continue Reading ›

New York Court Discusses Expert Testimony in Medical Malpractice Cases

Published on: October 29, 2025 | By Jeff DeFrancisco

When patients undergo surgery, they trust their doctors to follow accepted medical standards and provide proper care during recovery. Unfortunately, not every patient’s experience meets that expectation. When complications arise after surgery, determining whether they stem from medical negligence or natural healing challenges can be complex. A recent New York decision highlights how courts evaluate these claims and what evidence is necessary to proceed to trial. If you or someone you love suffered complications after surgery, consulting an experienced Syracuse medical malpractice attorney can help you understand your rights and whether the facts of your case support a claim.

Factual and Procedural Background

It is reported that the plaintiff initiated a medical malpractice action against the defendants, a group of orthopedic physicians and their affiliated medical practice, alleging negligent treatment following a knee injury. The plaintiff underwent surgical repair for a torn meniscus, followed by post-operative care administered by the defendant physicians. After the procedure, the plaintiff continued to experience swelling, pain, and instability in the operated knee, ultimately claiming that the defendants’ improper surgical technique and inadequate follow-up caused additional damage requiring further medical intervention.

Allegedly, the plaintiff contended that the defendants failed to properly assess imaging studies, misdiagnosed the extent of the injury, and failed to advise on or implement appropriate physical therapy protocols. The complaint further asserted that the defendants’ conduct deviated from accepted medical standards and proximately caused prolonged pain and functional impairment. The defendants denied the allegations and moved for summary judgment, submitting expert affirmations asserting that all care provided complied with accepted orthopedic practices and that the plaintiff’s residual symptoms resulted from pre-existing degenerative changes, not medical negligence. Continue Reading ›

New York Court Discusses Liability for Falls on Sidewalks

Published on: October 25, 2025 | By Jeff DeFrancisco

When pedestrians walk along city streets, they expect reasonably safe pathways. Yet, many urban areas include sections without constructed sidewalks, forcing individuals to walk on driveways, grass strips, or unpaved paths. Questions often arise regarding who bears responsibility when an injury occurs in such spaces. A recent New York opinion clarifies the limits of municipal liability under New York’s Administrative Code, illustrating that the mere absence of a sidewalk does not create a duty on the part of the City to prevent accidents. If you suffered injuries in a fall on someone else’s property, it is in your best interest to talk to an attorney about your possible claims.

History of the Case

It is reported that the plaintiff commenced a personal injury action against the defendant, the City of New York, alleging she sustained injuries while walking on a grassy path adjacent to a cement driveway. The plaintiff claimed her right foot struck the raised edge of the driveway, causing her to trip and fall. In her deposition, she stated that the cement driveway was approximately two inches higher than the adjoining grass and that a hole existed near the raised edge. However, she did not assert that the hole caused or contributed to her fall. Rather, she maintained that her accident resulted from the abrupt elevation difference between the grassy area and the driveway’s edge.

New York Court Discusses Evidence Sufficient to Support a Premises Liability Claim

Published on: September 29, 2025 | By Jeff DeFrancisco

When tenants and visitors use staircases in apartment buildings, they expect those stairs to be reasonably safe. A single misstep can cause serious injury, and premises liability law gives injured individuals the right to pursue claims when dangerous conditions are left uncorrected. But not every uneven surface or crack will support a lawsuit. A recent decision from a New York court highlights the limits of liability, showing that minor, trivial defects are not actionable. If you have been hurt in a fall on another’s property, it is critical to consult with a Syracuse premises liability attorney who can evaluate whether the facts of your case are sufficient to establish negligence.

Factual and Procedural Background

It is reported that the plaintiff brought consolidated actions against the defendants, the owner and manager of her apartment building, after she allegedly sustained injuries while descending an interior staircase. In her bills of particulars, the plaintiff stated that her fall occurred on the “B staircase between the lobby and the 1st floor on the 7th step up from the bottom.”

Allegedly, during her deposition, the plaintiff admitted she was uncertain which stairwell she used at the time of the fall, suggesting it may have been the “A” staircase instead of “B.” However, she described the route she took before the fall and identified photographs that, she claimed, accurately depicted a cracked and uneven step that caused her to trip. The defendants moved for summary judgment, arguing that the plaintiff could not identify the cause of her fall without speculation and that, in any event, the alleged defect was too minor to be actionable. The trial court denied the motion, and the defendants appealed. Continue Reading ›

New York Court Discusses Sufficiency of Expert Opinions in Medical Malpractice Cases

Published on: September 24, 2025 | By Jeff DeFrancisco

When families consent to medical treatment, they do so with the expectation that doctors will both follow accepted standards of care and provide clear information about the risks involved. A failure in either respect can have devastating consequences and often leads to medical malpractice lawsuits. Yet such cases are not won by suspicion alone; courts demand solid evidence and credible expert testimony to establish liability. A recent ruling from a New York court shows how quickly a case can collapse when a plaintiff’s expert opinion is deemed speculative or unsupported. If you or a loved one has suffered harm after treatment, you should consult a Syracuse medical malpractice attorney.

Case Setting

It is reported that the plaintiff, individually and as administrator of the decedent’s estate, brought an action alleging medical malpractice and lack of informed consent against multiple defendants, including a physician who provided testosterone therapy. The plaintiff claimed that this treatment contributed to the decedent’s decline and death.

Allegedly, the defendant physician moved for summary judgment to dismiss the claims against him, arguing that his care met accepted standards and that the decedent had been properly informed of the risks of testosterone therapy. He also sought, in the alternative, to preclude portions of the plaintiff’s expert’s testimony. The trial court denied the defendant’s motion in September 2023, permitting the claims to proceed. The defendant appealed. Continue Reading ›