New York attorney

New 2nd Dept Appellate Decision May Mean More Unified Trials

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In a recent decision by the Second Department of the New York Appellate Division, the court unanimously ruled against the presumption that personal injury trials should be bifurcated. This is a reversal from prior precedent, which stated that personal injury trials should be bifurcated, which means splitting up the case into two parts: the liability phase, and the damages phase. However, this does bring it more in line with other Departments around the state, which have been moving away from the presumption of a bifurcated trial for some time.

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Aggregation of Residential Condominium Units Affects Mortgage Recording Tax Rate

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The New York City Register’s Office collects a mortgage recording tax whenever a mortgage is recorded in any of the five boroughs except for Staten Island.  The tax rate combines New York State and New York City Mortgage Recording Tax into one amount, which is based on the amount of the mortgage.  The New York City Department of Finance has a tax calculator to help you estimate how much the recording tax will be.

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Railway Accident Personal Injury Lawsuit

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This month, there were two separate fatal accidents at Metro North rail crossings, calling more attention to safety at railway crossings.  According to some statistics, it is estimated that a vehicle and train collide every 90 minutes nationwide and that people are 30 times more likely to die in a crash with a train than another vehicle.  Because trains may not travel on consistent intervals and take longer than other vehicles to stop, they pose a grave threat to those who have to cross train tracks on a regular basis, and the injuries that result are catastrophic, or fatal. 

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Trek Issues Safety Recall for Bicycles

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Many people enjoy spending time outdoors in the spring and summer months bicycling.  Recently, the bicycle company Trek recalled certain models of their bicycles due to a malfunction of a quick release lever on the front wheel hub, causing the wheel to separate from the bicycle.  The malfunction could cause the rider to lose control of the bicycle resulting in serious injuries.

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