Evidence

Defendant Not Liable for Plaintiff’s Auto Accident Injuries In Absence of Objective Proof of Serious Injury

Posted on October 28, 2011

Bowen v. Saratoga Springs City School District et al., N.Y. Supreme Court, Appellate Division, 3d Dept., Case No. 512164, decided October 20, 2011 In New York, a person injured in an automobile accident cannot recover non-economic damages in a negligence lawsuit against the insured driver of the other vehicle unless the injured plaintiff has suffered a “serious injury” as defined in section 5102 of the New York Insurance Law.  In Bowen, the Appellate Division granted summary judgment to the defendantRead More→

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Troy City Court Suppresses Drug Evidence Seized from Passenger in Car Pulled Over Due to Warrant for Driver’s Arrest

Posted on October 3, 2011

In People v. Brandolino, 2011 NY Slip Op. 51747(U), September 26, 2011, the Troy City Court ruled that a glass pipe with drug residue was improperly seized by a police officer from the passenger of a vehicle stopped due to the existence of a warrant for the driver’s arrest.  The ruling was made after the court conducted a Mapp hearing, a type of pre-trial hearing the defense may request in criminal matters in order to challenge the propriety of aRead More→

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