evidence Archives - Law Offices of Michael Singer, P.C.

Staten Island Dog Abuse Trial

Christopher D. Galiardo — Tue, 15 Sep 2015 21:59:24 +0000

STATEN ISLAND, N.Y. –- A Staten Island justice on Tuesday convicted Alsu Ivanchenko of animal-cruelty charges for badly injuring her tiny 3-month-old puppy last year and tossing the animal away in a bag by the railroad tracks in her community. In a case that galvanized animal-rights activists, state Supreme Court Justice William E. Garnett found […]

The post Staten Island Dog Abuse Trial appeared first on Law Offices of Michael Singer, P.C..

Police Misconduct: the word of an unreliable civilian complainant should not serve as probable cause to arrest

Christopher D. Galiardo — Tue, 11 Nov 2014 00:51:29 +0000

Often, a client of potential police misconduct will have been arrested on the basis of an allegation made by a civilian, not a police officer (e.g., a claim of assault that the police did not witness). In these instances, it cannot be argued that the police fabricated the evidence against the client, since the allegations, […]

The post Police Misconduct: the word of an unreliable civilian complainant should not serve as probable cause to arrest appeared first on Law Offices of Michael Singer, P.C..

Clients with MEMORY LOSS are held to LESSER STANDARD in assessing proof of negligence and comparative fault

Christopher D. Galiardo — Tue, 21 Oct 2014 14:43:05 +0000

On occasion, the practitioner represents a client who suffered a brain injury which has impacted the client’s ability to recount the events of an accident. This may create difficulty in proving your case through direct testimony and/or evidence. Please take solace in the fact that: (i) you can use circumstantial evidence to prove your case; […]

The post Clients with MEMORY LOSS are held to LESSER STANDARD in assessing proof of negligence and comparative fault appeared first on Law Offices of Michael Singer, P.C..

Testimony in Boston Bomb Trial Focuses on Backpack

Greg Bengston — Tue, 08 Jul 2014 18:57:30 +0000

New York Times – July 08, 2014 BOSTON — An F.B.I. agent told a federal court here on Tuesday that Azamat Tazhayakov, a college friend of the surviving Boston bombing suspect, Dzhokhar Tsarnaev, agreed that a backpack found in Mr. Tsarnaev’s dorm room in the days after the bombing should be thrown away. It was […]

The post Testimony in Boston Bomb Trial Focuses on Backpack appeared first on Law Offices of Michael Singer, P.C..

DOG BITE CASES: Proof of Vicious Propensity

Christopher D. Galiardo — Mon, 18 Jul 2011 16:26:38 +0000

For nearly 200 years, the law of New York has been that the owner of a domestic animal who either knows or should have known of that animal’s vicious propensities will be held responsible for any harm the animal causes as a result of those propensities. See e.g. Vrooman v Lawyer, 13 Johns 339 [1816]; […]

The post DOG BITE CASES: Proof of Vicious Propensity appeared first on Law Offices of Michael Singer, P.C..

Lawyer Strategy: Filing for Summary Judgment pre-discovery in case of pedestrian struck in a crosswalk

Christopher D. Galiardo — Thu, 21 Jan 2010 17:32:38 +0000

As trial lawyers, we know that proving liability is often more than half the battle. Without liability, damages become moot. So, it is welcome when we are presented with a strong liability case. One of the soundest is the “pedestrian knock-down” in a crosswalk. The defendant driver must yield the right of way to the […]

The post Lawyer Strategy: Filing for Summary Judgment pre-discovery in case of pedestrian struck in a crosswalk appeared first on Law Offices of Michael Singer, P.C..

DWI and the Law

Christopher D. Galiardo — Fri, 17 Jul 2009 21:05:05 +0000

Driving While Intoxicated (DWI) is a crime. In NYS, the penalties include the loss of driving privileges, fines, and a possible jail term. Your judgment, coordination and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions: the amount of alcohol you drink the […]

The post DWI and the Law appeared first on Law Offices of Michael Singer, P.C..

SEARCH WARRANTS: Claim of False Arrest when search warrant executed in a public versus private location

Christopher D. Galiardo — Tue, 30 Jun 2009 16:47:26 +0000

We often come across cases in which the client was “in the wrong place at the wrong time”. Perhaps the most glaring example of poor timing is being present in a location when the police issue a search warrant looking for contraband. Assuming the warrant was not fraudulently obtained, the court has sanctioned the search. […]

The post SEARCH WARRANTS: Claim of False Arrest when search warrant executed in a public versus private location appeared first on Law Offices of Michael Singer, P.C..

SPOLIATION

Christopher D. Galiardo — Mon, 06 Apr 2009 14:38:59 +0000

Often in contentious litigation, the opposing party will “lose” or “misplace” a document within their control which you have requested in the course of discovery and reasonably believe is important to establishing your case. As a litigant, one must overcome this “stone walling” tactic and turn it against the offending party. To do so, one […]

The post SPOLIATION appeared first on Law Offices of Michael Singer, P.C..