On July 11, 2016, Fallon Mulerman-Orer won summary judgment in Ugbor v. Henderson, Index No. 1802/2015 (Sup. Ct. Queens County). The plaintiff claimed that due to a motor vehicle accident, he sustained injuries to his neck, back, both knees and right shoulder requiring surgery. Ms. Mulerman argued that according to the defendant’s independent medical examiner, the plaintiff sustained only sprains, strains and contusions, and that the plaintiff did not sustain a “serious injury” within the meaning of Insurance Law Section 5102(d). The Court granted the defendant summary judgment dismissing the complaint.
On September 9, 2016, Maurice Recchia’s article, entitled Car Accidents with Pedestrians: Conflict in the Departments, was published in the New York Law Journal. The article discusses two laws regarding liability for pedestrian accidents—the New York State Vehicle and Traffic Law and the New York City Department of Transportation Traffic Rules and Regulations—and the split in the Appellate Division departments in determining which standard to apply. A link to the article can be found here: http://www.newyorklawjournal.com/id=1202766979746?keywords=recchia&publication=New+York+Law+Journal
On August 17, 2016, Marcin Kurzatkowski won summary judgment dismissing the plaintiff’s complaint in Estate of Bernd v. Cablevision Systems, Inc., Index No. 308911/2009 (Sup. Ct. Bronx County). The decedent claimed that she stripped on loose tangled wiring in the foot well of her desk at home. Two days prior to the fall, a cable installer upgraded the decedent’s cable which included installing a new modem. In representing the cable installer, Mr. Kurzatkowski argued that the claims of negligence should be dismissed because the decedent did not make any complaints about the wires, signed a confirmation of satisfaction with the work, and never observed the wires. The plaintiff offered an e
On August 9, 2016, Judith Maxwell and Steven Dyki won summary judgment dismissing the plaintiff’s complaint against the owner of the premises in Duarte v. 713 Ocean Road, LLC, Index No. 13533/2013 (Sup. Ct. Suffolk County). The plaintiff claimed that he fell into an empty pool while working at a renovation project at the subject premises, and that the defendants, including the owner, were negligent and violated Labor Law sections 200, 240 and 241(6). Ms. Maxwell and Mr. Dyki argued that the limited liability company that owned the home as a single family residence for its members did not control the plaintiff’s work or have notice of any hazardous conditions, and was exempt from the provi
On August 2, 2016, Marcin Kurzatkowski won summary judgment dismissing the plaintiff’s complaint in Kircher v. J.P. Morgan Chase & Company, Index No.: 23570/2013 (Sup. Ct. Suffolk County). The plaintiff claimed that she tripped and fell on a curb located in front of a Chase Bank branch. Mr. Kurzatkowski argued that the plaintiff was unable to identify what caused her to fall, and that the Court should not consider the feigned affidavit of the plaintiff that was inconsistent with her deposition testimony. The Court agreed and dismissed the plaintiff’s complaint.
