On December 22, 2015, Marcin Kurzatkowski prevailed on appeal in the First Department in the case of Mantilla v. Riverdale Equities, Ltd., Index No. 307162/2009. The plaintiff claims that she slipped and fell on snow and ice on the public sidewalk in front of a bank branch leased by our client, one of the defendants/third-party plaintiffs. The defendant/third-party plaintiff made a claim for contractual indemnification against the third-party defendant, who agreed to perform snow removal services and subcontracted that work to another company, which never cleared the sidewalk because it was given the wrong address. The First Department affirmed the trial court’s ruling that the third-part
Florina Altshiler authored an article entitled “Taking a closer look at police immunity” that appeared in the December 14, 2015 issue of the Buffalo Law Journal. The article discusses the implications of a recent decision from the U.S. Court of Appeals that provides for immunity for civil rights violation lawsuits for police officers when they provide false testimony to a grand jury.
On November 18, 2015, David Gould won a defense verdict in Nassau County in the case of Coyle v. Dayton, Index No. 14281/2011. The two plaintiffs claimed to have sustained neck and shoulder injuries as a result of being struck by the defendants vehicle. Mr. Gould argued that the plaintiffs did not sustain “serious” injuries within the meaning of Insurance Law section 5102(d). The jury returned a verdict in favor of the defendants as to both plaintiffs.
On December 11, 2015, David Gould won a defense verdict in Supreme Court, Suffolk County in the case of Riccio v. Pollert, Index No. 32268/2012. The plaintiff claimed that she sustained neck and back injuries including herniated discs as a result of her vehicle being struck in the rear by the defendant’s vehicle. Mr. Gould argued that the plaintiff’s injuries did not qualify as “serious” injuries pursuant to Insurance Law section 5102(d). The jury returned a verdict for the defendants.
On December 12, 2015, Steven Balson-Cohen was featured in an article and court room sketch from his trial in Ba v. Slow Taxi Corp. A link to the article can be found here: http://www.brooklyneagle.com/articles/2015/12/14/sketches-court-jury-favors-defendant-car-accident-trial
On December 9, 2015, Steven Balson-Cohen won a defense verdict in Supreme Court, Kings County in Ba v. Slow Taxi Corp., et al., Index No. 3148/2012. The plaintiff alleged that he sustained herniated discs in his cervical and lumbar spines, as well as a left knee meniscal injury as a result of his vehicle being struck from behind by a taxi driven by one of the defendants. Mr. Balson-Cohen argued that the plaintiff’s injuries were pre-existing and causally related to a prior accident. After a trial, the jury returned a defense verdict finding that the plaintiff did not sustain a “serious injury” within the meaning of Insurance Law Section 5102(d).
On October 28, 2015, Alexandra Alvarez won a defense verdict in Supreme Court, Bronx County in Ventura v. Grant, Index No. 306893/2013. The plaintiff claimed that he sustained injuries, including a fracture of his right wrist, as a result of a motor vehicle accident on September 23, 2013 at the intersection of Barnes Avenue and East 222nd. The plaintiff testified that he had a green light when the defendant’s vehicle drove through the intersection and struck his vehicle. The defendant claimed that he had the green light when the plaintiff’s vehicle drove through the intersection and struck his vehicle. The jury returned a verdict finding that the defendant’s conduct was not a substantial
