betheme – Law Office of Salvatore R. Marino

September 14, 2026

Trial Verdict Set Aside as Against the Weight of the Evidence

In Pitt v. Rosenblatt, 2026 NY Slip Op 05200 (2d Dept. Sept. 2, 2026), the Appellate Division, Second Department addressed liability in a rear-end collision where […]

June 29, 2026

Close-Up Image of a Contract And a Pen Placed Down on Top of it

New York Court: Questions of Fairness Can Invalidate a Personal Injury Release

Many people believe that once they sign a release after a car accident, they can never pursue additional compensation. While that is generally true, a recent […]

June 15, 2026

Close-Up Image of a Building With Columns And The Words “NEW YORK” Engraved Across The Façade

Defense Firm’s Copy-Paste Filing Nearly Ends in Sanctions

A recent New York court decision, as featured in the New York Law Journal, serves as an important reminder: legal advocacy requires more than simply recycling […]

January 27, 2026

Image of a Train in The New York City Subway Preparing For Its Departure

MTA is Not Vicariously Liable for the Torts of its Subsidiaries

In the matter of Chen v. Metropolitan Transit Authority (2025 NY Slip Op 03301), the Appellate Division, Second Department, recently affirmed an order of the Supreme […]

October 13, 2025

Image of an Abandoned Bicycle on The Street And a Car Parked in Front of it

Notice of Intention to File a Claim in NYS Case Must Provide “Sufficient Definiteness” To Enable State to Investigate Claim

In Rebecca J. v. State of New York (2025 NY Slip Op 03315), the Appellate Division, Second Department, recently affirmed an order of the Court of […]

September 30, 2025

Image of a Stamp That Impressed a Bold Red Word That Reads “DISMISSED” on a Table

Plaintiff’s EBT Testimony in Slip-in-Fall Case Allows for Case Dismissal

In Zhu v. Huang (2025 NY Slip Op 04746), the Appellate Division, Second Department recently reversed a lower court’s order that denied the defendants’ motion for […]

June 27, 2025

Image of a Judge Grabbing Hold of a Gavel to Call For Attention in The Courtroom

Arbitrator’s Award Vacated Due to Lack of Evidentiary Support

In In the Matter of Richardson v. Markovich (County of Nassau, Index No. 600363/21), the Appellate Division, Second Department (decided on May 22, 2024) affirmed a […]

June 27, 2025

Image of The Exterior of a Car Dealership With a Wide Row of Cars Parked in Front of The Building

Car Dealership Test Drive and Permissive Use/Vicarious Liability

Madrigal v. Paragon Motors of Woodside, Inc., et al, 2025 NY Slip Op 01620 (App. Div., 2nd Dept., decided on or around March 19, 2025) involves […]

June 11, 2024

Close-Up Image of The Starting Line For a Track And Field

Assumption of Risk Defense Does Not Apply in Case of Student Hit With Ball During Track and Field Practice

In E.Z., Etc., et al v. Hewlett-Woodmere Union Free School District (County of Nassau, Index No. 610104/18), a defendant school district’s efforts to dismiss a personal […]