On May 18, 2017, David Gould won a defense verdict in the Supreme Court, Suffolk County in the Muralles v. Foster, Index No. 967/14. The plaintiff, a 60-year old self-employed landscaper was struck by the defendant’s vehicle causing his airbags to deploy on November 4, 2013. The case was tried solely on damages. After 18 minutes, the jury rendered a unanimous defense verdict finding that the accident was not the proximate cause of the plaintiff’s alleged neck and back injuries.
On April 24, 2017 Marie A. Castronuovo won summary judgment dismissing plaintiff’s complaint in Elsner v. Boston Properties, Index No. 153527/14 (Supreme Court, New York County). The plaintiff claimed that he was injured when he slipped and fell on a wet terrazzo floor inside of a building. The plaintiff claimed the defendant cleaning contractor was responsible for the accident because it knew or should have known of the slippery nature of the terrazzo floor when wet and it failed to properly place inclement weather mats and caution signs in the area of the accident. Ms. Castronuovo argued that the defendant cleaning contractor did not create, nor have notice of the alleged condition, wa
On April 28, 2017, Steven Dyki won a reversal in the Appellate Division, Fourth Department of the trial court’s decision that denied our client’s motion for summary judgment in Landsman Development Corp. v. RLI Insurance Company, 2017 NY Slip OP 03294 (4th Dep’t 2017). The plaintiff, Landsman Development Company, commenced an action against RLI Insurance Company for insurance coverage. RLI commenced a third-party action against our client, Technology Insurance Company, and Landsman subsequently commenced a direct action for a declaration that Technology was obligated to defend and indemnify Landsman in an underlying personal injury case brought by Gary Militello against Landsman. Mr. Dyki
On May 8, 2017, David Gould won a defense verdict in Miller v. Harris, Index No. 500121/2014 (Supreme Court, Kings County). The plaintiff, a 62-year-old freight truck driver, was involved in a two-car accident with the defendant on January 25, 2011. The plaintiff claimed that he sustained rotator cuff tears in both shoulders and disc bulges in his cervical and lumbar spine. The plaintiff’s attorney asked the jury award her client $200,000 for pain and suffering. Mr. Gould argued that the injuries were not caused by the subject accident but were pre-existing degenerative conditions, and the plaintiff did not sustain a “serious injury” within the meaning of Insurance Law section 5102(d).
On April 13, 2017, Maurice Recchia’s article, entitled Court of Appeals’ ‘Facebook’ Decision Leaves Many Questions Open, was published by the New York Law Journal. The article discusses the Court of Appeals’ recent decision in Matter of 381 Search Warrants Directed to Facebook, 2017 N.Y. Lexis 767, 2017 N.Y. Slip Op. 02586 (N.Y. April 4, 2017), which upheld the denial of Facebook’s motion to quash warrants for the entire digital histories of 381 users on Facebook, including all profile information, texts, messages, phots, videos and all on information on the users’ timelines. Mr. Recchia discusses how the decision does not address several issues, including whether Facebook has standing to
