On December 14, 2016, Lee-David Weiner won summary judgment dismissing the plaintiff’s complaint in Edwards v. New York Towers Corp., Index No. 705729/2014 (Sup. Ct. Queens County). The plaintiff alleged that she slipped and fell on the staircase due to multiple defective conditions and violations of the New York City Building Code, including slippery carpeting and the lack of a proper handrail. The plaintiff claimed to have sustained a fracture of her right ankle requiring an open reduction internal fixation surgery. Mr. Weiner argued that the provisions of the New York City Building Code were inapplicable to the plaintiff’s claim, the uncontroverted evidence established that there were
On December 13, 2016, Maurice Recchia won a defense verdict in Supreme Court, Kings County in Penhasov v. Khaliki, Index No. 508207/2014. The plaintiff claimed that as he was driving his car, the defendant’s taxi cab struck the plaintiff’s vehicle from behind. The plaintiff alleged that his head and right shoulder struck the steering wheel, and that he sustained multiple injuries including a tear of the rotator cuff of his right shoulder that required surgery. Mr. Recchia argued that the impact between the vehicles was very minor, and that the plaintiff’s injuries were the result of pre-existing degenerative conditions. The jury returned a defense verdict finding that the plaintiff did
On December 15, 2016, Alexandra Alvarez won summary judgment on liability in Supreme Court, Westchester County in New York Central Mutual a/s/o Dwyer v. Town of Harrison, Index No. 52584/2014. Ms. Alvarez argued on behalf of the plaintiff, New York Central Mutual a/s/o Dwyer, that a police officer, who was responding to a call without a light or sirens on and struck the rear of the plaintiff’s vehicle was negligent, and that the ordinary negligence standard should apply to the case. The plaintiff’s vehicle sustained property damage, and Ms. Alvarez was seeking recovery of those damages on behalf of the insurance carrier as a plaintiff. The defendant argued that the reckless disregard stan
On December 2, 2016, Steven Balson-Cohen prevailed at trial in Queens County, in the case of Bueno v. Royal Waste Management Services, Index No. 8726/2013. The plaintiff, who was represented by one of the pre-eminent personal injury firms in New York City, claimed that the vehicle he was driving was struck by the defendant’s garbage truck causing him to sustain severe personal injuries including a herniated lumbar disc requiring laminectomy and fusion surgery. The plaintiff also claimed future medical expenses in excess of $1 million. Prior to trial, the plaintiff’s demand was $2.5 million. Mr. Balson-Cohen argued the plaintiff’s own negligence caused the accident. Following a liabilit
On November 29, 2016, Cecil Floyd won a defense verdict in Kings County in Lawrence v. URA, Inc., Index No. 19757/2013. The plaintiff, a passenger, claimed that he sustained multiple injuries including cervical whiplash, a torn meniscus in his left knee requiring surgery, and herniated disc at C5-6 as a result of his vehicle being struck from behind. Mr. Floyd argued that the plaintiff’s alleged injuries were degenerative and not causally related to the accident. The jury returned a verdict finding that the plaintiff did not sustain a “serious injury” within the meaning of Insurance Law section 5102(d).
On November 14, 2016, David Gould won a defense verdict in Civil Court, Queens County in the case of Jung v. Song, Index No. 300398/2015. The plaintiff, a chiropractor, claimed that his vehicle was sidewiped by the defendants’ taxi. Mr. Gould argued that the plaintiff caused the accident by driving into the defendant’s lane and not keeping a proper lookout. The jury returned a liability verdict in favor of the defendants.
On November 30, 2016, David Gould won a defense verdict in Supreme Court, Orange County in the case of Baxter v. Nielson-Hallock, Index No. 3532/2015. The plaintiff claimed that his vehicle was struck from behind by the defendant’s vehicle as the plaintiff was waiting at a stop light. The plaintiff claimed that he sustained disc bulges at C5-6, L2-3, L3-4, L4-5 and L5-S1, as well as erectile dysfunction as a result of the accident. Mr. Gould argued that the plaintiff’s injuries were degenerative in nature due to his occupation and his participation in Muay Thai mixed martial arts. The jury returned a verdict that the plaintiff did not sustain a “serious injury” within the meaning of Insu
