Attorneys Fallon J. Mulerman-Orer, Nicholas Piacente, John J. Komar and David S. Gould recently obtained dismissal of all claims and cross-claims in a slip-and-fall action in Kings County, New York. In, Selena Hall-Davis v. The City of New York, et. al (Supreme County, Kings County: 519035/2016) the Plaintiff tripped and fell as a result of a missing curb piece over a sewer grate. The missing curb piece resulted in a sizable missing portion of curb. Plaintiff reportedly slipped and fell because of the missing portion of curb, causing her left foot and ankle became trapped in the sewer grate below. She claimed numerous injuries which necessitated surgery to her left ankle. We represented the
David Gould tried a case on damages before Judge Denis J. Butler in the Supreme Court Queens County that concluded on December 12, 2019. Varsha Khan v. Kathryn Maria Krone, Index No.: 2315/17. The plaintiff, an 29-year old woman who works at Northwell Hospital in their cleaning staff, was a passenger in her husband’s car when the defendant Kathryn Krone struck the vehicle in the rear on June 22, 2016 on Francis Lewis Boulevard and Sunrise Highway in Queens . The plaintiff claimed that her surgically repaired shoulder was a result of the accident. The defendant took video footage with her cellphone of the plaintiff exiting the vehicle under her own power without the assistance of E
Catherine J. Fiorentino recently won summary judgment in a case involving an electrician who fell from a ladder, earning a dismissal of all claims against the defendants, including plaintiff’s Labor Law 240(1), 241(6) and 200 claims. Even though plaintiff fell from a ladder that allegedly moved, the court held that plaintiff was the sole proximate cause of his accident, as argued by Ms. Fiorentino in her motion papers. While earning a victory on the sole proximate cause doctrine is rare in a 240(1) case, Ms. Fiorentino’s diligent handling of each of the party depositions created the requisite foundation for the hard-earned dismissal.
Alan Russo Presented a Livestream Lawline CLE webcast “Defending Construction Accident Labor Law Cas
Alan Russo presented a livestream Lawline CLE webcast “Defending Construction Accident Labor Law Cases in New York”, December 19, 2019.
David Gould tried a case on damages before Judge Carmen Velasquez in the Supreme Court Queens County that concluded on November 27, 2019. Pinsky v. Marshall, Index No.: 705151-17. The plaintiff, an 18-year old student at the time of the accident claimed that his surgically repaired shoulder was a result of the two-car accident that occurred on July 23, 2014 in Far Rockaway Queens. Mr. Gould argued that the accident was so slight that it could not have necessitated the surgery but an accident that took place two months later in Florida. After 15 minutes of jury deliberations the jury rendered a unanimous defense verdict that the plaintiff did not sustain a “serious injury.”
