On November 29, 2016, Maurice Recchia’s article, entitled Addressing Standard for Summary Judgment in Medical Malpractice Cases, was published in the New York Law Journal. The article discusses the recent decision from the Court of Appeals in Pullman v. Silverman and the split between the First and Second Departments regarding whether a plaintiff needs to offer medical evidence that a defendant departed from accepted medical practice and that such departure was a proximate cause of the injuries in order to create an issue of fact warranting a trial. The link to the article can be found here: http://www.newyorklawjournal.com/id=1202773373080/Addressing-Standard-for-Summary-Judgment-in-Medic
On November 18, 2016, Florina Altshiler was quoted in article published by the Daily Beast, a national publication, entitled Why Does This D.A. Let Accused Violent Felons Walk Free? Ms. Altshiler provided commentary that in her experience handling criminal cases, she has never seen a defendant receive immunity in a grand jury proceeding, which essentially allows that defendant to testify to wrongdoing and be exempt from prosecution. http://www.thedailybeast.com/articles/2016/11/18/why-does-this-d-a-let-accused-violent-felons-walk-free.html
On November 22, 2016, Steven Dyki won a defense verdict in Crawford v. The North Flats, LLC, Index No. 13076/2013 (Sup. Ct. Kings County). The plaintiff claimed that he fell when an extension ladder he was using to descend from the mezzanine level of an apartment under construction collapsed. He brought claims for negligence and violation of Labor Law sections 200, 240 and 241(6) against the defendant owner and general contractor. The owner and general contractor brought third-party claims against the plaintiff’s employer, a subcontractor at the construction project. In representing the plaintiff’s employer, Mr. Dyki argued that the plaintiff’s version of events was not believable because t
On November 1, 2016, Steven Dyki spoke as a guest lecturer to students at NYU Polytechnic School of Engineering on the topic of construction accidents.
On November 3, 2016, Josh Kardisch won a motion to set aside the jury’s verdict in Griffin-Frankel v. Agger, Index No. 29672/2010 (Sup. Ct. Kings County). The infant plaintiff claimed that he suffered from impairment in cognition, attention and executive functioning because of early-life exposure to lead-based paint in his residence and requested that the jury award approximately $7 million in damages. At trial, Mr. Kardisch, who was representing the property owner, argued that the plaintiff was an average student, and did not suffer intellectual deficits or psychological harm. After the 27-day trial, the jury returned a verdict awarding the plaintiff’s $450,000. Mr. Kardisch moved to se
On November 10, 2016, Steven Dyki received the Champion of Civil Justice Award from the Lawsuit Reform Alliance of New York. Mr. Dyki was recognized by LRANY for representing Collette McLafferty, a professional singer who was sued by an attorney and professional drummer. The attorney claimed that he had formulated the idea for a tribute band based on the music of the artist known as “Pink” and that he entered into a legally binding contract with one of the co-defendants in the case. The plaintiff claimed, among several allegations, that Ms. McLafferty and the co-defendants breached the contract and stole his idea for the band. The complaint contained 112 pages, 562 paragraphs and 42 caus
On November 1, 2016, John Magrino won a defense verdict on liability in Dabbs v. Parker, Index No. 51687/2014 (Sup. Ct. Westchester County). The plaintiff claimed that she had a green light when entering an intersection and was struck by the defendant’s vehicle. The defendant testified that he had a green light. Mr. Magrino offered evidence that a pedestrian who was walking in the same direction as the defendant, had previously testified that his light was green and that he saw the plaintiff’s vehicle drive through the red light. The jury returned a unanimous verdict that the defendant was not negligent.
