On March 13, 2023 we secured a complete dismissal of felony gun possession charges after two years of litigation, and even after the investigating detective testified at the suppression hearing. Call us today if you need a vigorous and aggressive, defense for accusations of criminal conduct. Attorney advertising. Prior results do not guarantee a similar outcome.
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Call us today for a free consultation to see how much compensation you could get for your injuries!
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On April 26, 2023, the US Court of Appeals for the fourth circuit reversed The dismissal of our clients discrimination claims on the basis of disability in the provision of educational services This was based upon the United States Supreme Court’s recent ruling on the administrative exhaustion requirement for such claims. if you or your child are being discriminated against on account of a disability or other protective characteristic, or in the provision of educational services, you may be entitled to significant compensation, for the harms of discrimination will cause. Call us today to see if you have a claim. Attorney advertising. Prior results are not guarantee a similar outcome.
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On June 7 2023 the Second Department reversed the trial court dismissal of an injured victim’s trip and fall case where the insurance company claimed she did not know what caused the injury. The court found an issue of fact as the victim stated there was no handrail to grab onto. The case is Jean-Charles v Carey, 2023 NY Slip Op 03003
Insurance companies are known to make excuses and blame the victim to avoid a pay out of a victim’s pain and suffering.
This case shows you must hire an attorney who can find all of the factual issues to be decided by a jury. This takes the control away from the insurance company which can no longer dictate how much your injuries are worth. Call Caner Law today for a free consultation!
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On June 7 2023 the Second Department reversed the trial court’s grant of full judgment to an injured automobile crash victim even through she had the right of way and her direction of travel was not controlled by a stop sign. While the court found the defendant negligent it sent the apportionment of fault between plaintiff and defendant for trial. This was because the insurance company and the defendant submitted evidence claiming the plaintiff was possible speeding or not being careful enough. The case is Ki Hong Park v Giunta, 2023 NY Slip Op 03004
This case shows again that the Appellate Division has expanded the case law post Rodriguez to allow injured plaintiffs to be afforded summary judgment against a defendant even if there are issues of fact as to the plaintiff’s fault. It also again reminds us that you must hire a trial attorney who can prevent the insurance companies from bringing up issues that are just designed to confuse juries.
Call Caner Law today for a free consultation on how to beat the insurance companies at their games and secure early pre trial judgment!
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On June 14, 2023, the Appellate Division, Second Department, reversed the trial court’s dismissal of a victim’s claim of failing to timely diagnose his cancer. Negligent doctors, hospitals and facilities routinely file motions to dismiss medical malpractice cases with the support of “experts” who claim there were no medical mistakes, that even if there were it was acceptable within the medical field, and that any mistakes did not cause the cancer to spread or other injuries. In this case the doctor’s expert did not make any argument that his actions did not have a role in causing the spread of cancer or injuries. For that reason, the Second Department held that (1) the victim did not have to explain that there was causation on the motion to dismiss and (2) that the conflicting medical opinions required a jury trial. The case is Lopresti v. Alzoobaee, et al, 2023 N.Y. Slip Op 03228.
This case demonstrates the need to hire an attorney skilled and knowledgeable enough to defeat the doctors and their insurance company’s games and get the malpractice case to trial, where they have no control.
Caner Law has been fighting the doctors and hospitals for years. Caner himself has been pursuing a failure to diagnose cancer case for his mother, who passed away as a result of clear medical negligence. The case is still ongoing
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On June 14, 2023 the Appellate Division, Second Department reinstated a victim’s black ice slip and fall case and sent the matter to a jury trial.
In this and nearly all slip and fall on ice cases, property owners, contractors and their insurance companies try to avoid responsibility for carelessness on their own property by claiming they did not know about the ice or that they would not have known about it and did not have time to fix the dangerous ice.
The Second Department found that the property owner did not submit sufficient evidence as to when it last inspected its property and/or when it last cleaned the property in relation to the timing of plaintiff’s injury. For that reason the property owner’s “defense” of not knowing about the dangerous ice had to be decided by a jury. The case is Edwards v. Genting New York, LLC, 2023 N.Y. Slip Op 03223.
This case shows that it is fundamental to slip and fall on ice cases to have an attorney skilled and knowledgeable enough to ensure factual issues exist for a jury’s determination. Cases involving snow and ice are especially difficult as there are many loopholes to the defendants’ responsibility, even if they were careless. Caner handles many slip and fall on ice cases and vigorously pursues discovery to find every factual issue for a jury to decide.
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On August 3, 2023 a federal Brooklyn jury awarded a man $1.125 million dollars for false arrest by the NYPD resulting in 1 day of jail time after which all charges were dismissed.
Lawyers for the NYPD are pursing post verdict motions to reduce or set aside the seven figure verdict.
The case is Adams v Quigley, 19-CV-1662 (E.D.N.Y.). The plaintiff’s law firms were able to overcome attempts by the NYPD to provide an after the fact justification for the arrest and nearly 4 years of litigation. Caner Law was not involved in this case.
This case shows how necessary it is to hire experienced civil rights lawyers for false arrest cases and lawyers that can spend years getting a case to a federal jury and then achieving a verdict.
Caner Law handles all sorts of civil rights claims, like the false arrest in this case. Call today for a free consultation.
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On June 28, 2023 the Appellate Division Second Department rejected the insurance company and defense firm’s claims that a plaintiff who underwent major spinal injury surgery and fusion spoiled evidence by refusing to delay the medically ordered treatment and submit to their doctor’s pre surgery exam. This was a case of first impression for the Second Department and a great victory for the plaintiff’s bar. On a common sense analysis the Court found nothing to support a rule to delay medical treatment for such an examination.
The case is Fadeau v Corona Industries, 2023 NY Slip Op 03453.
The case shows the importance to hire a trial attorney skilled enough to avoid the insurance company’s game at belittling a major surgery to help with an injury victim’s lifelong spinal pain. Insurance companies love to try to delay or deny medical treatment to save money and then claim the injuries are not serious enough for monetary compensation. Caner Law knows how to get injury victims the medical treatment and compensation they need and deserve.
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Call today for a free consultation on your injury case. Don’t just be a victim. Be a fighter for your Justice!
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On July 19, 2023 the Appellate Division, Second Department affirmed a trial jury’s slightly reduced damages verdict of approximately $3.3 million dollars for neck and back injuries, requiring a cervical spine fusion surgery. The original verdict was $4.425 million dollars.
The case is Petit v. Archer, 2023 NY Slip Op 03874. Caner Law was not involved in this case.
The Transit Authority claimed that the jury’s award for pain and suffering was not reasonable and deviated materially from what would be considered reasonable compensation.
The Appeals Court rejected the argument and found that the jury’s determination, even reduced to $3.3 million was reasonable and supported by the medical evidence at trial.
This case shows the need to hire a trial lawyer for serious injury cases against the Transit Authority. Caner Law handles these sorts of cases and has extensive experience on both sides of motor vehicle injury litigation. It is not enough to hire a lawyer that cannot take the case to trial and obtain a verdict. Even then you would need your lawyer to fight post trial motions and appeals.
Call us today for a free consultation to see how much your bus accident injury or other injury case might be worth.
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