Recent Results
Coverage Issue Resolved in Client’s Favor
Petitioners argued that tractor involved in accident was insured by our client. Petitioners claimed that although the tractor was deleted from the commercial trucking policy, coverage existed pursuant to a mandatory MCS-90 endorsement required of interstate truckers. We successfully argued that the Federal Regulations do not obligate insurance companies to provide the endorsement without a request absent a special relationship between the agent and the customer. (Supreme Court, Suffolk County, August 2008)
Threshold Motion Granted
Plaintiff submitted sworn Affirmations of four physicians in opposition to motion for summary judgment pursuant to Insurance Law § 5102(d). The Court agreed with our argument that two of the physician’s Affirmations were inadmissible and found that the remainder of plaintiff’s opposition papers was insufficient to establish a serious, permanent injury. (Supreme Court, Nassau County, August 2008)
Labor Law Case Dismissed
Plaintiff slipped on debris on a job site and cut through his kneecap with a circular saw. Plaintiff alleged that our client, the property owner, violated Labor Law § 241(6) by not providing a safe place, such as a work bench, for plaintiff to work. The court held that the defendants did not violate any Industrial Code provision and, accordingly, dismissed plaintiff’s complaint. (Supreme Court, Queens County, July 2008)
Pipe Installer’s Motion for Summary Judgment Granted
Motion for summary judgment dismissal granted to our client, a pipe installer, where plaintiff laborer was scalded by pipe and fell from scissor lift. The court agreed that our client was not negligent or in violation of New York’s Labor Law as a matter of law. (Supreme Court, New York County, July 2008)
Summary Judgment Dismissal of Carbon Monoxide Poisoning Claim Affirmed
Plaintiff claimed serious injuries as a result of a carbon monoxide leaking from hot water boiler in the basement of our client’s commercial premises. We argued that the boiler was the tenant’s responsibility and, in any event, our client had no notice of any problems with the boiler. The Appellate Division, Second Department affirmed the order of the trial court dismissing the case, agreeing that our client was free from negligence as a matter of law. (Appellate Division, Second Department, June 2008)
Motion to Dismiss Labor Law Claims Granted
Plaintiff, a construction worker, fell from an extension ladder while installing a garage door at our client’s parking garage. In denying plaintiff’s motion for liability under Labor Law § 240(1), the court agreed with our argument that questions of fact existed as to whether plaintiff’s own negligence was the sole proximate cause of his injuries. The court granted our cross-motion to dismiss the balance of plaintiff’s Labor Law and common law negligence claims. (Supreme Court, Bronx County, June 2008)
Summary Judgment Granted in Slip and Fall on Ice
Salon customer slipped and fell on ice on our client’s property. Plaintiff submitted an Affidavit from a former salon employee stating that the ice existed for five days prior to the accident. The court agreed that the Affidavit could not be considered because plaintiff’s counsel had failed to provide the witness’s last known address to defense counsel. As a result, plaintiff could not establish that defendant had notice of the icy condition and her complaint was dismissed. (Supreme Court, Nassau County, June 2008)
Declaratory Judgment Action Dismissed
In an action for insurance coverage, our motion to dismiss in lieu of an answer was granted on behalf of our client/insurance company. The court agreed that the plaintiff did not have standing to commence the action. (Supreme Court, Queens County, New York, June 2008)
Commercial Client Represented in Contract involving U.S. Open
Our client contracted with the United States Tennis Association to sell and service the mobile modular trailer units that will comprise the Broadcast Village at the 2008 United States Open in Flushing, New York. The Broadcast Village is the onsite location from which journalists and media from across the globe assemble to cover the event. We negotiated with the USTA and counseled our client with respect to this multimillion dollar deal. (May 2008)
Summary Judgment Granted in Trip and Fall at Beach
Plaintiff tripped and fell over concrete buried in the sand at a local beach club. Our client, a contractor who constructed concrete sidewalks at the club, adamantly denied that it dumped concrete in the sand. The court granted our motion for summary judgment dismissal and held that our client established, prima facie, that it did not create the condition. (Supreme Court, Nassau County, May 2008)
Settlement Agreement Upheld as Binding; Lawsuit Dismissed
Our motion to enforce settlement was granted where plaintiff’s former counsel executed a settlement agreement before the action was commenced. The court agreed that plaintiff’s former counsel, having appeared in court and at mediation, had authority to bind plaintiff to the agreement despite plaintiff’s claims to the contrary. (Supreme Court, Queens County, May 2008)
Construction Accident Leading to Total Disability Defended at Trial
Plaintiff tripped and fell at a construction site, leading to his total disability. The case settled for a nominal figure after the jury found plaintiff 85% responsible for his own accident. (Supreme Court, Nassau County, April 2008)
Defense Verdict, twice; Affirmed on Appeal
At first trial, jury found that negligence of client with stop sign was not a substantial factor in causing the accident. Plaintiff was granted a second trial that resulted in a jury verdict that our client was not negligent. The verdict was affirmed on appeal (Supreme Court, Suffolk County, April 2007; Appellate Division, Second Department, April 2008)
Insured’s First-Party Action Against Insurance Company Dismissed
Insured sued our client/insurance company for difference between amount charged by body shop for repairs to her vehicle and amount paid by insurance company. Following trial, the insured’s suit was dismissed as a result of her failure to comply with UCC provisions requiring endorser of check to explicitly reserve right to seek additional sums from check issuer. (District Court, Suffolk County, March 2008)
Electrician’s Labor Law Claims Dismissed
Electrician fell from an eight-foot A-frame ladder while removing an exterior sign from our client’s premises. The court agreed that plaintiff was engaged in routine maintenance, and not construction or alteration of a structure, as defined by the Labor Law. Accordingly, the court dismissed all claims against our client. (Supreme Court, Suffolk County, February 2008)
Appeal Granted; Case Dismissed against Handrail Installer
Appellate Court reversed trial court’s decision and dismissed action against our client contractor as a matter of law. Our client, the installer of a handrail, faced significant exposure in this personal injury action. The Appellate Court, however, agreed with our position that certain repairs by the building’s maintenance staff constituted intervening, superseding acts breaking any causal connection between our client’s alleged conduct and the plaintiff’s injuries. (Appellate Division, First Department, January 2008)
Summary Judgment on Liability Granted in Case Involving Seven Car Pileup
Plaintiffs in the sixth vehicle claimed that our client/driver caused the accident by rear-ending the first vehicle. We elicited deposition testimony from the operator of the first vehicle that she was lost, scared, and was on her way home from a night out in Manhattan. The court agreed with our arguments that our client was not negligent and, in any event, that the chain of causation between our client’s actions and the injuries sustained by the passengers in the sixth vehicle was twice broken by vehicles three and five who were able to stop safely without incident. (NJ Superior Court, Union County December 2007)
Summary Judgment Granted in Slip and Fall on Bathmat Alleged to be Defective
Our client, a hotel operator, was granted summary judgment dismissal of hotel patron’s slip and fall/products liability action involving an allegedly defective bathmat placed on a ceramic tile floor. (Supreme Court, New York County, November 2007)
Summary Judgment “Threshold” Motion Granted
Plaintiff claimed serious neck and shoulder injuries as a result of a motor vehicle accident with our client. We moved for summary judgment on the grounds that plaintiff did not sustain “serious injury” as defined by Insurance Law § 5102(d). Although plaintiff submitted an affirmation from his treating physician, he could not overcome an unexplained 28-month gap in treatment. Motion granted; Cased dismissed. (Supreme Court, Suffolk County, October 2007)
Defense Verdict; Affirmed on Appeal
Building owner granted defense verdict at trial in multi-million dollar personal injury claim proved to be staged. (Supreme Court, Queens County, December 2005; Appellate Division, Second Department, October 2007)
Contractual Indemnification Granted in Labor Law Case
Client/owner of property where construction accident occurred was granted summary judgment on its claim for contractual indemnification against plaintiff’s employer. The court agreed that our client was free from negligence, that the accident occurred in the course of plaintiff’s work, and that the indemnification provision was triggered as a matter of law. (Supreme Court, Suffolk County, June 2007)
Negligent Property Design Case Dismissed
In pedestrian knockdown case, our client, a resort, was granted summary judgment dismissal of a third-party action that alleged defective design/layout of the parking lot and walkways. (Supreme Court, Kings County, April 2007)
Defense Verdict in Motor Vehicle Case
Defense verdict granted to clients, car rental company and renter/driver. The plaintiff was a passenger in the co-defendant’s minimally-insured vehicle and sustained severe injuries. Our clients faced significant exposure if found just 1% at fault. (Supreme Court, Queens County, April 2007)
Defense Verdict in Labor Law Case
Defense verdict granted to client/contractor in a trip and fall construction accident involving claims of negligence and violations of New York’s Labor Law. We proved that our client was not responsible for the dangerous condition at the jobsite. (Supreme Court, Queens County, February 2007)
Defense Verdict
Defense verdict granted to client in high-exposure motor vehicle case involving severe permanent injuries and a question as to which driver had the right of way. (Supreme Court, Suffolk County, March 2006)
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