On March 23, 2017, Fallon Mulerman-Orer won summary judgment dismissing the plaintiff’s complaint in Bustamante v. Ferran, Index No. 23652/2014 (Supreme Court, Bronx County). The plaintiff alleged that while he was a pedestrian crossing in a cross-walk, he was struck by the defendants’ vehicle and sustained injuries to his back, both hips and both elbows. Ms. Mulerman-Orer argued that the plaintiff’s injuries were pre-existing and degenerative in nature. The Court dismissed the plaintiff’s case finding that the plaintiff’s injuries did not meet the “serious injury” threshold of Insurance Law § 5102(d).
On February 10, 2017, Theresa Villani won summary judgment dismissing the third-party complaint in Edwards v. Beechwood Allerton Building Corp., Index No. 305682/2010 (Supreme Court, Bronx County). The plaintiff brought a breach of contract action and breach of warranty against the defendants. The plaintiffs claimed that over 10 years after the closing for the sale of the property, the plaintiffs became aware of plumbing problems at the property, discovered construction material buried under the house and also discovered that the house’s concrete slab was installed to building code requirements. The defendants asserted claims for contribution, common law and contractual indemnification an
On March 20, 2017, John Komar won summary judgment dismissing the plaintiff’s complaint in Cooper v The Institute of Applied Human Dynamics, Index No. 350415/10 (Supreme Court, Bronx County). The three-year old plaintiff and his family members alleged that the defendant bus company was negligent because it caused the plaintiff to be improperly placed on the wrong bus and go missing for approximately three and a half hours. The plaintiff and his family members claimed to have sustained severe emotional injuries as a result of the occurrence. Mr. Komar argued that the defendants were not negligent because the school had the plaintiff with a different group of students waiting for a differen
On March 21, 2017, Cecil Floyd won a defense verdict in Familia v. T&B Private Service, Index No.: 300018/2015 (Civil Court, Kings County). The plaintiff claimed that he was a passenger in the defendant’s taxi cab that struck two parked cars due to the defendant driving recklessly and in excess of the speed limit. The plaintiff allegedly sustained a torn rotator cuff in his shoulder requiring surgery as a result of the occurrence. Mr. Floyd argued that the accident resulted from an unanticipated mechanical failure in the taxi cab, and that the plaintiff was not actually a passenger in the taxi cab when the accident occurred. After a trial, the jury found that there was no liability and
