Diaz v. Bocheciamp (2016)

Posted by on Aug 3, 2016 in Recent Wins | No Comments

In this wrongful death action a Bronx County jury determined that our clients were the owners of a three-family home which subjected them to absolute liability on Labor Law § 240(1).  On appeal, the Appellate Division, First Department reversed the trial court’s refusal to set the jury’s verdict aside and dismissed the action in its […]

White v. Luna (2016)

Posted by on Aug 3, 2016 in Recent Wins | No Comments

In this personal injury case the Supreme Court, Kings County refused to allow a jury to hear the testimony of a biomechanical engineer who would have explained to the jury that plaintiff’s injuries could not have been caused by the car accident at issue.  On appeal, we succeeded in having the judgment reversed and secured […]

Moseley v. Philip Howard Apartments Tenants Corp. (2016)

Posted by on Aug 3, 2016 in Recent Wins | No Comments

Our client in this personal injury action was a landlord whose property included a playground.  The infant-plaintiff was climbing on the outside of a tube slide when she fell and broke her arm.  The trial court denied our client’s summary judgment finding that triable issues of fact existed. On appeal, however, the Appellate Division, Second […]

Leibowitz v. 255 East 12th Street Corp. (2015)

Posted by on Aug 3, 2016 in Recent Wins | No Comments

In this case we represented a residential building owner. The plaintiff, one of the residents of our client’s building, tripped and fell on damaged blocks inside a tree well.  The trial court refused to grant our client summary judgment.  On appeal we succeed in obtaining a reversal of the trial court’s order because the Appellate […]

Semo v. McMahon (2015)

Posted by on Aug 3, 2016 in Recent Wins | No Comments

A jury in this medical malpractice case determined that our client, a physician, did not depart from the standard of care in not screening the infant-plaintiff for vesicoureteral reflux. The trial judge, however, granted plaintiff’s motion to set-aside the verdict and ordered a new trial.  We were successful in obtaining a stay of that retrial pending the determination […]

Morel v. The Holy Spirit Association for the Unification of World Christianity (2015)

Posted by on Apr 29, 2015 in Recent Wins | No Comments

Morel v. The Holy Spirit Association for the Unification of World Christianity (2015): In this personal injury action, our client was the subject of a co-defendant’s motion to dismiss a contractual indemnification claim.  The trial court denied summary judgment to the co-defendant, who then took an appeal.  Our firm was retained to defend against that appeal.  […]

Finerty v. Abex Corp. (2015)

Posted by on Apr 1, 2015 in Recent Wins | No Comments

Finerty v. Abex Corp. (2015): In this asbestos exposure action, the plaintiff brought claims against several corporations, including a United Kingdom Corporation associated with a U.S. Corporation.  We were retained by the United Kingdom Corporation to help prepare motions to dismiss for lack of personal jurisdiction.  Following the trial court’s denial of these motions, we successfully […]

Tsimbler v. Fell (2015)

Posted by on Feb 2, 2015 in Recent Wins | No Comments

Tsimbler v. Fell (2015): In this medical malpractice action, the plaintiff alleged that the defendants prescribed a contraindicated glaucoma medication and that he did not even have the condition for which the medication was prescribed.  The medication allegedly caused side-effects and permanent illnesses.  The plaintiff appealed after the trial court granted the defendants summary judgment.  […]

Ellul v. Congregation of Christian Brothers (2014)

Posted by on Jan 12, 2015 in Recent Wins | No Comments

Ellul v. Congregation of Christian Brothers (2014):  The plaintiff brought this federal action alleging violations of the Alien Tort Statute for an alleged child migration program taking children from Britain and Malta to populate Australia after World War II.  We were retained to defend against the plaintiff’s appeal after the Federal District Court dismissed claims […]

Pichardo v. Zayas (2014)

Posted by on Dec 20, 2014 in Recent Wins | No Comments

Pichardo v. Zayas (2014): In this personal injury action, the plaintiff served a New York summons and complaint at the defendants’ New Jersey home.  The defendants, New Jersey residents, moved to dismiss for lack of personal jurisdiction because out-of-state service was not authorized for this cause of action.  After Supreme Court denied the motion to […]

Weathers v. Rios (2014)

Posted by on Nov 3, 2014 in Recent Wins | No Comments

Weathers v. Rios (2014): In this motor vehicle accident action, the plaintiff obtained a verdict of $1.45 million for pain and suffering as well as nearly $200,000 for future medical expenses.  Our firm was retained to appeal the excessiveness of damages after entry of the judgment.  The Appellate Division, Second Department, ordered a remittitur to […]

Desena v. North Shore Hebrew Academy (2014)

Posted by on Aug 20, 2014 in Recent Wins | No Comments

Desena v. North Shore Hebrew Academy (2014): in this Labor Law action, the trial court denied all motions for summary judgment and pushed the matter toward trial.  We quickly perfected an appeal and then successfully obtained a stay of trial pending the determination of the appeal.  Later, the Appellate Division, Second Department modified the order […]

McNeil v. HMB East 40th Street Corp. (2014)

Posted by on Jul 9, 2014 in Recent Wins | No Comments

McNeil v. HMB East 40th Street Corp. (2014): in this slip-and-fall action, the plaintiff allegedly fell on liquid in a now-defunct nightclub.  The plaintiff then brought suit against the building owner by claiming the floor was improperly sloped.  The Supreme Court denied our client’s motion for summary judgment and we were retained to bring an […]

Campos v. East 86th Street Owners Corp. (2014)

Posted by on Jul 2, 2014 in Recent Wins | No Comments

Campos v. 68 East 86th Street Owners Corp. (2014): in this Labor Law action, the Supreme Court granted the plaintiff’s motion for summary judgment on Labor Law 240(1) and denied the defendant’s motion for summary judgment on Labor Law 241(6).  On appeal, the Appellate Division, First Department modified in two ways.  First, the Court denied […]

Bustos v. Lenox Hill Hospital (2014)

Posted by on May 1, 2014 in Recent Wins | No Comments

Bustos v. Lenox Hill Hospital (2014): the Court of Appeals has now affirmed our prior, successful appeal to the Appellate Division, First Department. We were originally retained to appeal from plaintiff’s $5.5 million jury award for alleged injuries to a mother during the birthing process. The First Department had reversed the plaintiff’s verdict on the […]

Cohen v. Grossman (2014)

Posted by on Mar 13, 2014 in Recent Wins | No Comments

Cohen v. Grossman (2014): In this medical malpractice and wrongful death action, the jury found that the defendant physician did not depart from good and accepted practice in prescribing the combination of Prozac and Wellbutrin to treat longstanding depression and anxiety. The plaintiff appealed, arguing that the verdict was contrary to the weight of the […]

Peat v. Fordham Hill Owners Corp. (2013)

Posted by on Nov 6, 2013 in Recent Wins | No Comments

Peat v. Fordham Hill Owners Corp. (2013): In this action to recover for catastrophic burn injuries, the jury found a co-defendant liable for a multimillion dollar verdict to the plaintiff and found our client acted negligently but that its negligence was not a proximate cause of the plaintiff’s injuries.  After the co-defendant appealed from the […]

Soto v. J. Crew (2013)

Posted by on Oct 11, 2013 in Recent Wins | No Comments

Soto v. J. Crew (2013): In this Labor Law action, we successfully defended the dismissal of claims under Labor Law § 240(1) where the plaintiff fell off a ladder while dusting a six-foot shelf and was injured.  The trial court initially dismissed claims under section 240(1), holding that the statute did not cover the plaintiff’s […]

Katz v. St. Francis Hospital (2013)

Posted by on Oct 10, 2013 in Recent Wins | No Comments

Katz v. St. Francis Hospital (2013): in this medical malpractice action, the jury had found our client responsible for failing to properly coordinate medical care during a hospital stay and that such departure from accepted practice was a substantial factor in causing the plaintiff’s decedent’s death.  The trial judge set aside the jury’s verdict, dismissing […]

Bistre v. Rongrant Associates (2013)

Posted by on Sep 13, 2013 in Recent Wins | No Comments

Bistre v. Rongrant Associates (2013): in this premises liability action, the trial court reinstated the plaintiffs’ case more than two years after the action had been dismissed on default, and we were retained to bring an appeal.  The Appellate Division, Second Department reversed, reinstating the dismissal order in our client’s favor.