Court of Appeals Declares Facebook 'Private Data' and Other Social Media Subject to Discovery The New York Court of Appeals has issued an unequivocal declaration that even materials deemed “private” by a Facebook user are subject to discovery, if they contain material relevant to the issues in controversy in litigation. By Maurice Recchia | February 26, 2018 The New York Court of Appeals has issued an unequivocal declaration that even materials deemed “private” by a Facebook user are subject to discovery, if they contain material relevant to the issues in controversy in litigation. In the decision, the court also reiterates general principles of liberal discovery applicable to all cases and
Court of Appeals Facebook Decision Leaves Many Questions Open Maurice J. Recchia, New York Law Journal April 13, 2017 In a newsworthy case in which retail giant Amazon and social media developer Foursquare Labs, among others, submitted friend of the court briefs, the New York Court of Appeals on April 4, 2017, affirmed the decisions of the Supreme Court and the Appellate Division, First Department, which denied Facebook's motion to quash warrants issued to it by the Manhattan District Attorney's Office and denied Facebook's motion to compel disclosure of the district attorney's supporting affidavit to its warrant application. Despite the potential for addressing broad substantive issues of p
Car Accidents With Pedestrians: Conflict in the Departments Maurice Recchia, New York Law Journal September 9, 2016 Cases involving injuries to pedestrians are staples of New York civil litigation, especially in the five boroughs of New York City. New York is a crowded and busy city and is, like the Sinatra song says, "a city that doesn't sleep." As such, pedestrians and motor vehicles frequently come into contact with each other. Several statutes govern the conduct of both motor vehicles and pedestrians on the streets of the City of New York, including provisions of the New York State Vehicle and Traffic Law (NY VTL) and the New York City Department of Transportation Traffic Rules and Regul
Addressing Standard for Summary Judgment in Medical Malpractice Cases Maurice J. Recchia, New York Law Journal November 29, 2016 The Court of Appeals recently addressed the standard for negligence on summary judgment motions in medical malpractice matters in a memorandum decision issued on Nov. 1 which includes an interesting concurrence. In Pullman v. Silverman,1 the Court of Appeals reversed an order of the Appellate Division First Department, which had granted a motion for summary judgment by the defendant doctor in the case. Notably, the concurrence identified a Departmental split regarding what negligence standard should apply in deciding such matters and highlighting that plaintiffs ha
Maurice Recchia, New York Law Journal May 20, 2016 The New York Court of Appeals on May 5, 2016, addressed the "storm in progress" doctrine in a case that involved a winter rain storm in progress. A Brief Background The "storm in progress" doctrine was clearly stated by the Court of Appeals in 2005 in Solazzo v. New York City Transit Authority: "A property owner will not be held liable in negligence for a plaintiff’s injuries sustained as a result of an icy condition occurring during an ongoing storm or for a reasonable time thereafter."1 The issues raised by Solazzo then are: What constitutes an "ongoing storm," and, what constitutes a "reasonable time thereafter"? On the question of a "rea
On, May 21, 2018, Fallon Mulerman-Orer won summary judgment dismissing Plaintiff’s Complaint against our client in the case of Hilda Ysolina Gramajo De Flores v. Julia Daniels and Lee Rodriguez, Index No. 600680/2015 (Supreme Court, Nassau County). The Plaintiff claimed that she tripped and fell over a raised portion of sidewalk located in between the property of our client and the Co-Defendant, our client’s next door neighbor. Ms. Mulerman-Orer was successful in establishing the defect at issue was located in front of the Co-Defendant’s property, that our client neither caused nor created the alleged defect, that our client never attempted to repair the defect in a negligent manner, that ou
Marcin J. Kurzatkowski Prevails on the Plaintiff’s Two Appeals Before the Second Department On May 16, 2018, the Second Department issued two Decisions and Orders in the matter of Kwang Bok Yi v. Open Karaoke Corp., et al. (under Docket Nos. 2015-01836 and 2016-11486) which affirmed the Decisions of the Court below. The appeal under Docket No. 2015-01836 concerned the plaintiff’s appeal of the denial of his motion for a default judgment as against three defendants that did not appear and/or answer the plaintiff’s amended complaint in a timely manner. In affirming the Decision of the Court below, the Second Department held that the plaintiff failed to submit adequate proof of facts sufficien
Mackey v Afrodent Corp. et. al. Maurice Recchia obtains a verdict for the defense in King’s County Supreme Court in a case involving a left turn across an intersection by a defendant cab driver and a plaintiff on a moped who came out into the intersection from between 2 stationary cars.
On May 3, 2018, Marie Castronuovo won summary judgment dismissing plaintiff’s Complaint against our client in the case of Roberts v. Boston Properties et al, Index No. 162697/2014 (Supreme Court, New York County). The plaintiff claimed she tripped and fell on an inclement weather mat inside defendants building due to the misplacement of the mat around the revolving door. Ms. Castronuovo was successful in proving the absence of a dangerous condition and no notice to the defendant building owner of any tripping hazard. Ms. Castronuovo was also successful in demonstrating that defendant cleaning contractor owed no duty to plaintiff. The Court dismissed plaintiff’s Complaint in its entirety.
On April 18, 2018 Marie Castronuovo, Esq., won summary judgment dismissing plaintiff’s Complaint and all cross claims against our client in Then v. Hui Fat et al, Index No.7507/2016 (Supreme Court, Queens County). In this case, the plaintiff claimed that he slipped on an ice-covered sidewalk in front of the defendants’ building and provided photos of an icy sidewalk condition with tire tracks through it. Ms. Castronuovo moved for summary judgment after the service of a Bill of Particulars premised upon the defense that there was a “storm in progress” at the time of the accident. Significantly, the motion was made before depositions based exclusively on certified weather records and affidavi
Florina Altshiler, Esq., of Russo & Toner, LLP, obtained a defense verdict on liability after a jury trial in Erie County Supreme Court. Plaintiff, David Bonczar, a then 46-year-old male fire alarm technician claimed serious injuries following a fall from an A-frame ladder while installing a fire detection system at an AMC theater during a major renovation project. Plaintiff alleged that the ladder wobbled and shifted as he descended causing him to fall to the floor below. The trial court initially granted summary judgment on liability in plaintiff’s favor. The Fourth Department reversed (Bonczar v. America Multi-Cinema, Inc., 158 AD3d 1114, 70 NYS3d 305 (4th Dept. 2018), on a brief submi
Senior Partner, Stephen B. Toner, Has Been Appointed to the Legislative Committee of the Connecticut
Russo & Toner, LLP is proud to announce that Senior Partner, Stephen B. Toner, has been appointed to the Legislative Committee of the Connecticut Defense Lawyers Association. Mr. Toner will be involved with interacting with the Representatives and Senators of the Connecticut State Legislature to advance those statutes, regulations and reforms important to the fair administration of justice in the insurance defense bar, and for our Connecticut clients.
