On February 15, 2018, Marie Castronuovo won summary judgment dismissing all claims against our client in Ramirez v. JPMorgan Chase & Co., Index No. 510176/2016 (Supreme Court, Kings County). The plaintiff claimed that he fell down a staircase inside the our client’s building due to a wet step, inadequate and faulty handrails, and inadequate lighting. Ms. Castronuovo argued that all claims against our client should be dismissed because the co-defendant lessee had complete control of the building under the triple net lease and that plaintiff failed to demonstrate a structural safety defect. The Court agreed and dismissed the case against our client in its entirety.
On February 9, 2018, Maurice Recchia won a defense verdict in Chappelle v. UJC Car, Inc., Index No. 158982/2012E (Supreme Court, N.Y. County). The plaintiff claimed that she was injured as a result of an automobile accident that occurred on July 30, 2012 due to the negligence of the defendants. The plaintiff claimed that she sustained herniated discs in her neck that required a cervical fusion surgery and bulging discs in her lumbar spine. The plaintiff was granted summary judgment on liability and the case proceeded to trial on the issue of damages. Despite the Court issuing an order precluding the defendants’ biomechanical expert and a giving missing witness charge for one of the defe
Florina Altshiler Obtains Award Of Sanctions Against Plaintiff’s Attorney For Obstruction Of Questio
On January 8, 2018, Florina Altshiler won an award of sanctions and an order requiring a plaintiff to appear for a follow up deposition in Zbigniewicz v. Sebzda, 2018 NY Slip Op 50141(U) (Supreme Court, Erie County). During the deposition of the plaintiff, the plaintiff’s counsel instructed the plaintiff not to answer dozens of questions, including questions regarding the plaintiff’s Social Security number, prior complaints and prior medical treatment. Following motion practice, the Court issued an order directing the plaintiff to appear for a further deposition, and imposing a monetary sanction against the plaintiff’s counsel for the time Ms. Altshiler incurred in preparing the motion and
On February 6, 2018, Josh Kardisch prevailed on a summary judgment motion in Hernandez v. The Beechwood Organization, Index No. 600660/2015 (Supreme Court, Suffolk County). The plaintiff claimed that he fell from a ladder on November 26, 2014 during the course of his employment as a painter. He claimed that while painting with a roller on the ceiling, one portion of the ladder’s footing bent. The plaintiff moved for summary judgment on his claim of violation of Labor Law section 240(1). Mr. Kardisch opposed the plaintiff’s motion and made a cross-motion for summary judgment to dismiss the plaintiff’s claims of negligence and violation of Labor Law sections 200 and 241(6). Mr. Kardisch a
On February 2, 2018, Josh H. Kardisch won the reversal of summary judgment for plaintiff in the Appellate Division, Fourth Department in Bonczar v. American Multi-Cinema, Inc., et al, 2018 NY Slip Op 00712 (4th Dept. 2018). The plaintiff claimed to have sustained injuries after falling from a ladder in a movie theater which defendant owned. The lower court granted plaintiff summary judgment on his claim for violation of Labor Law § 240 (1). The Appellate Division, Fourth Department reversed the decision and found an issue of fact requiring a trial because the “plaintiff did not know why the ladder wobbled or shifted, and that he acknowledged that he might not have checked the positioning
On January 29, 2018, David Gould won a defense verdict in Martinez v. D’Angelo Corp., Index No. 310115/2011 (Sup. Ct. Bronx County). The plaintiff claimed that the defendant driver backed up his vehicle when leaving a parking spot and struck her while she was walking in the crosswalk. The plaintiff claimed that she sustained injuries to her shoulder requiring an arthroscopic surgery. At trial, Mr. Gould presented the driver and an independent eyewitness who both said that the car never made contact with the plaintiff, that she lost her footing and tripped while crossing the street. The jury rendered a defense verdict on liability.
