201904.12
0

Summary Judgment Granted

Plaintiff, a produce vendor, slipped and fell in the kitchen of a nationwide restaurant chain. The Firm first successfully transferred venue from Albany County to more favorable Nassau County. The Firm later moved for summary judgment on behalf of the restaurant arguing it did not create or have notice of the “clear liquid” plaintiff slipped…

201809.24
0

Summary Judgment Granted In Favor of Municipality

Plaintiff alleged she was injured after she tripped and fell on a municipal roadway. We moved for summary judgment on behalf of our Firm’s municipal client. The Court held that our client lacked prior written notice, and plaintiff failed to raise an issue of fact as to the applicability of a recognized exception to the…

201802.09
0

Court Grants Municipality Summary Judgment Based Upon Lack of Prior Written Notice

Plaintiff alleged that she slipped and fell due to ice on a sidewalk and filed suit against the Firm’s municipal client. We moved for summary judgment based upon a lack of prior written notice of the claimed transitory condition. In opposition, plaintiff and co-defendant alleged that our motion was premature since depositions had not yet…

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…