On September 28, 2018, Marcin J. Kurzatkowski obtained summary judgment on behalf of our client in the Sabrina Lee v. The City of New York, et al. matter in the Supreme Court – Kings County. Mr. Kurzatkowski represented a major bank with regards to the plaintiff’s allegation that she sustained injuries when she tripped and fell on the sidewalk outside of a property in Brooklyn, New York. Mr. Kurzatkowski used documentary evidence to demonstrate that the bank had absolutely no connection to the subject property where the plaintiff’s accident occurred. As such, Judge Katherine Levine dismissed the plaintiff’s claim and all cross-claims as against the bank prior to the commencement of discov
On June 29, 2018, Marcin J. Kurzatkowski obtained summary judgment on behalf of our client in the Carrin Quin and Joseph Quin v. Thomas Costa, et al. matter in the Supreme Court – Orange County. This matter concerned the plaintiffs’ allegation that they were exposed to and suffered from carbon monoxide poisoning at their home. Mr. Kurzatkowski represented the heating company that performed certain repairs to the boiler at the plaintiffs’ home approximately fourteen (14) months prior to the alleged carbon monoxide exposure. In granting our motion for summary judgment, Judge Catherine Bartlett held the heating company established prima facie that it properly performed the tasks that it unde
Marcin J. Kurzatkowski Obtains Summary Judgment in Alleged Slip and Fall on Snow/Ice Case in Bronx C
On October 10, 2018, Marcin J. Kurzatkowski obtained summary judgmet on behalf of our client in the Nakia Scott v. Euro-Spek, LLC, et al. matter in the Supreme Court – Bronx County. Mr. Kurzatkowski represented the tenant deli at the subject strip mall in connection with the plaintiff’s allegation that he had slipped and fallen on a snow and/or ice condition in the parking lot after leaving the tenant’s deli. In relying on the deposition testimony of all parties and the subject lease agreement, Mr. Kurzatkowski demonstrated that the tenant deli did not (1) owe a duty of care to the plaintiff as it was not obligated to remove snow and/or ice from the parking lot; (2) create the alleged snow
Catherine J. Fiorentino recently won summary judgment in a trip and fall case, securing a dismissal of all of plaintiff’s claims with prejudice against our client, a private landowner that owned the abutting sidewalk where plaintiff was allegedly injured. Plaintiff claimed that he tripped and fell in a snow-covered city-owned tree well on New Year’s Day 2011. Throughout the litigation, plaintiff argued that it was the snow condition—and not the tree well—that caused plaintiff’s accident. However, Ms. Fiorentino argued that because the trip and fall happened in a city-owned tree well, our client, as a private landowner, had no duty with regard to snow removal inside the city-owned tree well.
On October 1, 2018 John Komar secured a liability defense verdict for our clients in Pagan v. Paradise, after a twelve day unified trial in Supreme Court, Bronx County. Plaintiff was a passenger in our client’s yellow taxi when it collided with the co-defendant’s vehicle as the taxi was making a left turn from the left-most lane of 7th Avenue onto 56th Street in Manhattan. The co-defendant made the same left turn but from the middle lane of 7th Avenue, claiming that the vehicle to his left waived him to go while our client’s taxi entered the intersection from the parking lane. Plaintiff alleged a left shoulder injury requiring surgery, and a left hip injury super-imposed on a pre-existing
The plaintiff, a 46-year old deliveryman, claims herniated discs to his back and neck as well as left shoulder bursitis as a result of a two-car collision on August 6, 2013 in Albany County. Judge Sylvia Ash directed a verdict on liability as the close of the plaintiff’s case and the matter proceeded to damages. After 95 minutes of deliberations the jury rendered a unanimous defense verdict that the plaintiff did not sustain a “serious injury”.
