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Rusk, Wadlin, Heppner & Martuscello, LLP Celebrating 150 years

Recent Blog Posts

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Court of Appeals Allows Malpractice Victim’s Claims to Move Forward

By RWHM |

In a recent opinion issued by the Court of Appeals, the highest court in the state of New York, the justices reversed an Appellate Division decision dismissing a medical malpractice victim’s claims. The lawsuit, filed by a man who was required to have a pacemaker installed after his prescribed medications interacted negatively, will now… Read More »

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Repeatedly-Injured Nursing Home Resident’s Claims Move Forward

By RWHM |

In a reversal of a trial court judge’s dismissal of claims, the New York Appellate Division has recently reinstated a lawsuit brought on behalf of an elderly woman who sustained serious injuries while living in a long-term care facility. The recently-released opinion was issued in the case of Petralia v. Glenhaven Health Care Org…. Read More »

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Social Security Announces Modest Cost of Living Adjustment for 2017

By RWHM |

The Social Security Administration (SSA) has recently announced its planned Cost of Living Adjustment (COLA) for 2017, and the modest bump has left many retirees wondering how they’ll get by in an economy where prices keep going up. For about half of the estimated 60 to 65 million recipients of Social Security benefits, the… Read More »

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Young Man from Dutchess County Killed by Drunk Driver

By RWHM |

A student whose family lives in Fishkill, New York, was recently struck and killed by a drunk driver as he crossed the street. When reckless behavior results in accidents causing serious injuries or worse, victims and surviving family members may be able to use the facts of their case to support their claim for… Read More »

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New York Court Addresses Request for Sole Custody for Child with Medical Condition

By RWHM |

An opinion recently entered by the Second Division of the New York Appellate Department addressed a mother’s request for sole legal and physical custody where, among other issues, the mother believed the child’s father was interfering with the child’s medical care. The case addressing this issue is titled Greenberg v. Greenberg. The couple at… Read More »

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Saugerties Hamlet Accident Causes Injuries to Four Drivers

By RWHM |

A recent incident on the U.S. Route 9W resulted in four drivers being sent to the hospital and the closure of the highway around the crash site. The at-fault driver is said to have been both distracted and speeding in the moments before the crash. A young woman in a Chevrolet Cobalt was heading… Read More »

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Owner Found Liable for Violation of Scaffold Law after Providing a Defective Ladder

By RWHM |

In a recent opinion issued by the New York Appellate Division, the court ruled that a property owner should be found liable under Labor Law § 240(1) to a worker who was injured after being provided with defective equipment by the owner. Cronin v. New York City Transit Authority, the case in question, was… Read More »

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What Is the Automatic Stay, and How Does It Work?

By RWHM |

One of the most important protections afforded by filing for bankruptcy is the automatic stay. Learn more about how the automatic stay works, what it prevents, and the types of collections that aren’t stayed by bankruptcy, below. Automatic stay basics The automatic stay prevents your creditors from attempting to collect debts in existence at… Read More »

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Speeding in Construction Zones Involves Serious Risk

By RWHM |

We’ve all seen the signs advising drivers to exhibit caution when driving on a highway that is under construction, so we know that drivers can face stiff penalties for speeding in a work zone under New York law. Even more importantly than the points and fines drivers face for speeding in a work zone… Read More »

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Court Considers Liability for Damage of Street Caused by Private Contractor

By RWHM |

In previous posts, we’ve discussed the liability that local and state-level government bodies may face for injuries caused by poorly designed or maintained public streets. In a recent case brought before the Second Department of the New York Appellate Division, the justices considered a claim by a plaintiff against both the City of New… Read More »

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