201711.03
0

Court Grants Summary Judgment to Municipality

Plaintiff alleged she tripped and fell over a deteriorated sidewalk flag. She filed suit against the Firm’s municipal client. Prior to depositions, we moved for summary judgment based upon lack of prior written notice. In opposition, plaintiff argued our motion was premature since depositions had not yet occurred. The Court granted our motion and held…

201708.25
0

Summary Judgment granted

Plaintiff sued the Firm’s municipal client in New York Supreme Court. Plaintiff claimed he fell due to a defective sidewalk and manhole. After discovery, we moved for summary judgement, arguing that plaintiff’s testimony established he fell on a privately owned sidewalk surrounding a municipal manhole, that there was no evidence of a defect with respect…

201708.25
0

Summary Judgement granted

Plaintiff sued the Firm’s municipal client in New York Supreme Court. Plaintiff claimed she fell due to an overly or negligently waxed floor and, as a result, sustained serious injuries. After discovery, we moved for summary judgment, arguing that plaintiff’s description of a “shiny” floor was not sufficient to establish an improper or negligent application…

201708.14
0

Summary judgment granted in case alleging injury due to a runaway shopping cart

Plaintiff sued our client, a large national retailer, in New York Supreme Court. She claimed she sustained serious personal injuries when struck by a wind-propelled shopping cart. Surveillance video revealed that the shopping cart was left in the parking lot by two customers approximately 90 seconds before the alleged accident. We removed to Federal Court,…

201608.31
0

Summary Judgment Granted in Medical Malpractice/Failure to Diagnose Claim

Plaintiff commenced a medical malpractice claim predicated on our client Emergency Room physician’s alleged failure to diagnose extremely rare Fish Handler’s Disease. We argued that Defendant did not depart from the applicable standards of care, that plaintiff failed to follow Defendant’s recommendations and that Defendant did not cause any injury to plaintiff. We argued the…

201608.31
0

Court Dismisses Plaintiff’s Complaint for Failure to Prosecute Medical Malpractice Claim

Plaintiff commenced a medical malpractice and wrongful death claim against Defendant.  More than one year after Defendant joined issue and served discovery demands, plaintiff failed to provide any discovery or a Verified Bill of Particulars.  We served plaintiff with a 90-day notice pursuant to CPLR 3216, demanding that she resume prosecution of her claim and…

201511.03
0

Court Grants Declaratory Judgment In Favor of Insured in Coverage Dispute

Hastings Development, LLC, an insured under a policy issued by Evanston Insurance Company, sought coverage for a personal injury claim brought by an employee of another company who was injured while working on a mixing machine owned by Hastings. The insurance company denied coverage citing to the Employer Exclusion contained in the policy. We commenced…

201506.15
0

PLAINTIFF’S SOLE RELIANCE ON HEARSAY FAILS TO ESTABLISH NOTICE

Plaintiff commenced an action claiming that she suffered personal injuries after an alleged slip and fall in our client’s store.  Defendant moved for summary judgment on the ground that Plaintiff could not establish notice.  In opposition, Plaintiff argued that she overheard individuals, whom she believed to be employed by defendant, speaking about a prior spill. …