The following excerpt is from Figueroa v. 1981 Realty Corp., 136 N.Y.S.3d 695 (Table), 70 Misc.3d 1208 (A) (N.Y. Civ. Ct. 2020):
Having established notice and lack of repair, the issue is whether claimant established his injury, and whether the injury was a result of the ceiling collapse. Claimant credibly testified to the neck injury and pain. The medical records support claimant's testimony of the nature and cause of the injury. The emergency room records demonstrate that claimant sustained a head injury, which he reported was caused by the incident. At the first physical therapy appointment, the attending physician stated that claimant's injuries were caused by the ceiling collapse. The testimony and certified medical records are sufficient medical corroboration of the injuries and causation. Dowling v. Dowling , 138 AD2d 345 (2d Dept 1988).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.