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MJP Injury Law Blog

Navigating Alternative Service Under CPLR 308: When Traditional Methods Fail

by | Feb 17, 2025 | ,

Serving legal documents in New York isn’t always straightforward. When traditional methods under CPLR 308—such as personal delivery or ‘nail and mail’—fail, courts have the discretion to authorize alternative service. But what qualifies as ‘impracticable’ service, and how have courts shaped this area of law? From key precedents like Dobkin v. Chapman to modern rulings permitting service on insurers, this post explores the legal framework and real-world applications of CPLR 308(5). Read on to learn how alternative service can keep your case moving forward

A Comprehensive Guide to Sidewalk Accident Liability in New York City

by | Feb 10, 2025 |

Injured on a NYC Sidewalk? Know Your Legal Rights
A trip-and-fall or slip-and-fall on a New York City sidewalk can leave you with painful injuries and unexpected medical bills. But who is responsible for your accident—the City, a property owner, or someone else? The answer isn’t always simple, and missing key deadlines can cost you your right to compensation.

At MJP Injury Law, we fight for injured pedestrians injured in sidewalk accidents and have obtained many successful verdicts and settlements. Don’t wait—learn your rights today and see how we can help.

Navigating No-Fault Insurance After a Motor Vehicle Accident in New York

by | Feb 8, 2025 | ,

Understanding No-Fault Insurance in New York: What You Need to Know After an Accident

Involved in a car, bus, motorcycle, or Uber accident in New York? The No-Fault Insurance Law ensures you receive medical care and lost wage compensation—no matter who was at fault. But navigating the claims process can be confusing.

In this guide, we break down:
✔ What No-Fault Insurance covers
✔ Who pays for your benefits (drivers, pedestrians, bicyclists, and motorcyclists)
✔ Crucial deadlines to avoid losing compensation
✔ When to consult a car accident attorney

Don’t let confusion delay your recovery. Learn how to file your claim and secure the benefits you deserve today.

The Duty to Maintain Under Special Use: Debunking the “Creation” Requirement

by | Feb 7, 2025 | ,

Does Special Use Create a Duty to Maintain? New York Law Says Yes

When a party makes special use of public property, does it merely assume liability if its use creates a dangerous condition, or does it have an affirmative duty to maintain the area? Under longstanding New York common law, the answer is clear: special use imposes a duty to maintain. The New York Court of Appeals has repeatedly confirmed this principle in cases such as Poirier v. City of Schenectady and Kaufman v. Silver, yet some Appellate Division decisions have misinterpreted the doctrine by improperly requiring that the special use itself create the dangerous condition before liability attaches.

This blog post explores the Court of Appeals’ precedent, clarifies the proper application of the special use doctrine, and explains why the mistaken rulings by certain lower courts should be overruled. Understanding this distinction is crucial for attorneys navigating premises liability cases in New York.

Read on to uncover why special use isn’t just about creation—it’s about maintenance.

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