LexisNexis AnswerGuide New York Negligence

A concise desktop guide that provides task-by-task guidance on the substantive law of negligence and procedure in New York State.
by Rhonda E. Kay (Author)
Publisher: Matthew Bender Elite Products

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2024 Edition
ISBN: 9781663365514
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LexisNexis® AnswerGuide® New York Negligence is a practical and concise guide focusing on the key legal and procedural issues that arise in six of the major classes of cases handled by the New York personal injury practitioner: Motor Vehicle Accidents, Premises Liability, Construction Accidents, Products Liability, Governmental Liability and Medical Malpractice. In addition, this portable, one-volume title is published annually and offers valuable practical insights developed by a seasoned trial lawyer and negligence practitioner into the nuances of negligence practice in New York. LexisNexis® AnswerGuide® New York Negligence includes over 40 detailed, task-oriented checklists and more than 200 practice pointers (Warning, Strategic Point, Exception, Timing) to help ensure best practices and the avoidance of potential practice pitfalls. In addition to providing quick answers, LexisNexis® AnswerGuide® New York Negligence provides numerous cross-references to in-depth discussion in Warren’s Negligence in the New York Courts, current cases and related coverage. The cross-references in print make finding related information online easier and faster.

eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® for further legal research options. A valid subscription to Lexis+® is required to access this content.

 

Featured Authors

Rhonda E. Kay

Rhonda E. Kay

Rhonda E. Kay, was a graduate of the State University of New York at Binghamton (1985) and St. John's University Law School (1990). She was a Senior Court Attorney in the Appellate Division, Second Department, before she joined the law firm of Gair, Gair, Conason, Steigman & Mackauf in New York City in 1992. A valued partner known as a "law person," she prepared and argued appeals in all four departments of the Appellate Division, as well as the state Court of Appeals. In 2005, Ms. Kay was appointed a member of the Board of Editors for Warren's Negligence in the New York Courts, 2nd Edition (LexisNexis), and in 2006 she authored this publication, LexisNexis AnswerGuide: New York Negligence.

Ms. Kay had written course materials for various bar association seminars, including the prestigious Decisions seminar, which advises attorneys throughout New York State as to recent changes and developments in the law. She also co-authored a chapter in a products liability treatise and lectured at continuing legal education programs sponsored by the New York State Bar Association and the New York State Trial Lawyers Institute. Ms. Kay's many professional affiliations included memberships in the New York State Bar Association; the New York State Trial Lawyers Institute; and the New York County Lawyers Association, where she served as an officer of the Appellate Advocacy Committee.

Since Ms. Kay’s death in 2012, this publication has been updated annually by colleagues she trusted with her work and for whom this updating is a tribute to Ms. Kay's leadership, scholarship and devotion to this prominent work that proudly continues to bear her name.

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Table of contents

 TABLE OF CONTENTS

 A COMPLETE SYNOPSIS FOR EACH CHAPTER APPEARS AT THE BEGINNING OF THE CHAPTER

 CHAPTER 1 USING LEXISNEXIS® ANSWERGUIDE® NEW YORK NEGLIGENCE

 CHAPTER 2 MOTOR VEHICLE NEGLIGENCE 

 PART A: PROCEDURAL CONTEXT

 PART B: INVESTIGATING MOTOR VEHICLE NEGLIGENCE

 PART C: EVALUATING MOTOR VEHICLE CASES

 PART D: DETERMINING CAUSE OF ACTION AND NECESSARY ALLEGATIONS

 PART E: COMMENCING ACTION IN MOTOR VEHICLE CASES

 PART F: SEEKING DISCLOSURE IN MOTOR VEHICLE CASES

 PART G: ACHIEVING SETTLEMENT IN MOTOR VEHICLE CASES

 PART H: TRYING MOTOR VEHICLE CASES

 CHAPTER 3 PREMISES LIABILITY

 PART A: PROCEDURAL CONTEXT

 PART B: INVESTIGATING PREMISES LIABILITY CASES

 PART C: EVALUATING PREMISES LIABILITY CASES

 PART D: IDENTIFYING PROPER DEFENDANT IN PREMISES LIABILITY CASES

 PART E: ANTICIPATING APPLICABLE DEFENSES IN PREMISES LIABILITY CASES

 PART F: ALLOCATING RESPONSBILITY AMONG DEFENDANTS

 PART G: DRAFTING COMPLAINT AND COMMENCING ACTION

 PART H: CONDUCTING EFFECTIVE DISCLOSURE IN PREMISES LIABILITY CASES

 CHAPTER 4 CONSTRUCTION ACCIDENTS

 PART A: PROCEDURAL CONTEXT

 PART B: INVESTIGATING CONSTRUCTION ACCIDENT CASES

 PART C: EVALUATING CONSTRUCTION ACCIDENT CASES

 PART D: IDENTIFYING APPROPRIATE DEFENDANTS IN CONSTRUCTION ACCIDENT CASES

 PART E: DETERMINING AVAILABILITY OF CONTRIBUTION OR INDEMNIFICATION FROM OTHER PARTIES

 PART F: ANTICIPATING APPLICABLE DEFENSES

 PART G: DRAFTING COMPLAINT AND COMMENCING ACTION

 PART H: ENGAGING IN MOTION PRACTICE, TRIAL, AND SETTLEMENT

 CHAPTER 5 PRODUCTS LIABILITY

 PART A: PROCEDURAL CONTEXT

 PART B: INVESTIGATING PRODUCTS LIABILITY CASES

 PART C: EVALUATING PRODUCTS LIABILITY CASES

 PART D: PREPARING PLEADINGS

 PART E: COMMENCING ACTION

 PART F: CONDUCTING DISCLOSURE

 PART G: NEGOTIATING SETTLEMENT

 PART H: CONDUCTING PRODUCTS LIABILITY TRIAL

 CHAPTER 6 GOVERNMENTAL LIABILITY

 PART A: PROCEDURAL CONTEXT

 PART B: IDENTIFYING TRUNCATED STATUTES OF LIMITATIONS IN ACTIONS AGAINST GOVERNMENT ENTITIES

 PART C: IDENTIFYING APPROPRIATE ENTITY AS DEFENDANT

 PART D: EVALUATING GOVERNMENT LIABILITY CASES

 PART E: COMPLYING WITH PRIOR WRITTEN NOTICE LAWS

 PART F: COMPLYING WITH REQUIREMENTS OF NOTICE OF CLAIM

 PART G: EXAMINING SPECIAL STATUTORY METHODS OF PRE-ACTION DISCLOSURE

 PART H: DRAFTING COMPLAINT AND COMMENCING ACTION

 CHAPTER 7 MEDICAL MALPRACTICE

 PART A: PROCEDURAL CONTEXT

 PART B: INVESTIGATING MEDICAL MALPRACTICE CASES

 PART C: EVALUATING MEDICAL MALPRACTICE CASES

 PART D: IDENTIFYING PROPER DEFENDANTS IN MEDICAL MALPRACTICE CASES

 PART E: ANTICIPATING APPLICABLE DEFENSES IN MEDICAL MALPRACTICE CASES

 PART F: DRAFTING COMPLAINT AND COMMENCING ACTION

 PART G: CONDUCTING EFFECTIVE DISCLOSURE IN MEDICAL MALPRACTICE CASES

 PART H: CONDUCTING TRIAL IN MEDICAL MALPRACTICE CASES

 INDEX
 

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