May - 2018

Court of Appeals Declares Facebook 'Private Data' and Other Social Media Subject to Discover

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

Court of Appeals Facebook Decision Leaves Many Questions Open

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

Car Accidents With Pedestrians: Conflict in the Departments

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 m

Addressing Standard for Summary Judgment in Medical Malpractice Cases

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

The New York Court of Appeals on May 5, 2016, Addressed the "Storm in Progress" Doctrine i

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 occurrin

Fallon Mulerman-Orer Wins Summary Judgment in a Trip and Fall Case in Nassau County

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

Marcin J. Kurzatkowski Prevails on the Plaintiff’s Two Appeals Before the Second Department

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 no

Marie Castronuovo Wins Summary Judgment in a Trip and Fall Case

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 defend

Marie Castronuovo Wins Summary Judgment in a Snow and Ice Case

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

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