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Law Office of Seni Popat, P.C. Blog

Monday, April 9, 2018

What is This Serious Injury Threshold Requirement? Do I Have a Case After My Car Accident?

In the State of New York, whenever you are involved in an automobile/car accident, the “serious injury threshold” law applies.

Many individuals right after a car accident want to know the simple question, “Do I have a case”? Frequently, the answer is “it depends.” Clients look startled and/or stunned after I explain that even though the person that caused the car accident might be 100% responsible, they “may” have a case depending on their injuries, time out of work, and treatment. With other accidents such as trip and falls, slip and falls, elevator accidents or many other accident, the serious injury threshold does NOT apply. It only applies to automobile accidents.


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Wednesday, April 4, 2018

Appeals Court Rejects Man's Second Amendment Challenge to New York's Handgun License Requirements

A state appeals court on Tuesday rejected a man’s constitutional challenges to New York’s legal requirements for getting a license to carry a firearm, writing that the state’s “proper cause” requirement is “substantially related” to protecting the public and that the broader licensing scheme doesn’t impose a “blanket ban” on gun ownership.

A unanimous Appellate Division, First Department, panel knocked down plaintiff Jonathan Corbett’s requests for (1) a declaration that the state’s “proper cause” requirement for getting a gun license was facially unconstitutional, and (2) a declaration that three background questions posed by the New York City Police Department on its concealed-carry license applications were unconstitutional. The appeals court also denied Corbett’s request for an order directing New York City to issue him a concealed-carry gun license.


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Wednesday, April 4, 2018

Sharply Divided Court of Appeals Removes Hurdle for Tort Plaintiffs to Gain Summary Judgment

Ruling on an issue that has divided New York judges and “perplexed courts for some time,” a split Court of Appeals ruled that plaintiffs in comparative negligence cases need not bear the “double burden” of disproving their own negligence to win on summary judgment.

The high court’s 4-3 ruling clears up an issue that has bedeviled New York courts for decades, which has resulting in inconsistent case law on the issue of whether plaintiffs have to show that they are free of negligence to succeed on a summary judgment motion when determining a defendant’s liability.


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Wednesday, April 4, 2018

NYC Taxi Medallion Bankruptcy Chapter 7 or Chapter 13

In today’s current economic climate, many changes are occurring including with technology and cell phones. Many people are using Uber Lyft Juno and other apps for taxi services. This is directly impacting the yellow cab and black car taxi industry in NYC. Many taxi driver’s own medallions that are “under water” which means they owe more than the value of the medallion.


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