On October 11, 2017, Steven Dyki prevailed on a motion for summary judgment in Calle v. 1411 IC-SIC Property LLC, Index No. 704429/2013 (Supreme Court, Queens County). The plaintiff claimed that during the course of demolishing a ceiling, a beam fell onto him causing severe injuries. The plaintiff moved for summary judgment on his claim for violation of Labor Law section 240(1) arguing that he was not provided with a proper protective device to perform his work. Mr. Dyki moved for summary judgment to dismiss the claims of negligence and violation of Labor Law sections 200, 240(1) and 241(6) against the demolition contractor that retained plaintiff’s employer, and argued that: plaintiff wi
On October 4, 2017, Lee-David Weiner won summary judgment dismissing the plaintiff’s complaint in Smith v. City of New York, Index No. 154726/2013 (Supreme Court, New York County). The accident occurred when the passenger in the plaintiff’s parked vehicle opened up the passenger side door into an oncoming school bus. Mr. Weiner argued that there was no liability for the defendants because the plaintiff was liable for the negligent acts of his passenger, and the conduct of the passenger was the sole proximate cause of the accident because the Vehicle and Traffic Law prohibits one from opening the door of a motor vehicle to the side of moving traffic unless and until it is reasonably safe t
On October 4, 2017, John Komar won a defense verdict in Marte v Vlaun, Index No.: 50392/14 (Supreme Court, Kings County). The case involved a 34 year old passenger in our client’s livery car who claimed that she sustained serious injuries to her neck, back and right shoulder when the car collided with the rear of co-defendant’s vehicle, which had become disabled and stopped in the westbound left lane of The Triboro Bridge in Queens. Immediately to the left of the stalled car was a concrete barrier. The plaintiff claimed the case was a routine hit in the rear and asked for a directed verdict against our client. Mr. Komar argued that the other car’s breakdown constituted an emergency situa
On September 29, 2017 John Komar won a defense verdict in Kemp-Wright v. NYCTA, Index No.: 400132/14 (Supreme Court, New York County). The case involved a passenger in our client’s livery car who claimed that she sustained serious injuries to her left shoulder and lumbar spine when the car collided with a New York City Transit Authority bus. The plaintiff and the bus driver claimed that our client, who did not testify, attempted to “cut” in front of the bus to position the cab for a right turn at 124th Street and 3rd Avenue in Manhattan. The trial was unified. Mr. Komar argued that the plaintiff sustained no serious injuries from the crash and offered supporting testimony from a biomechan
