Representative Cases

Jocelyn C. v Soundview Apts., 2017 NY Slip Op 07388 (1st Dept 2017), 

In action arising from client-child's lead-paint poisoning at defendant's premises, affirming trial court's denial of defendant's motion for summary judgment

 

Gallardo v Gilbert, 153 AD3d 791 (2d Dept 2017)

In action arising from accident at defendants' home due to inadequate attic floor which collapsed beneath injured client, reversing trial court's order which granted summary judgment to defendants and reinstating client's complaint

 

Volkerick v Volkerick, 153 AD3d 885 (2d Dept 2017)

Affirming Judgment of Divorce with respect to challenged maintenance and child support awards for client

 

Moses v Clean Rite Centers, 147 AD3d 1045 (2d Dept 2017)

Reversing trial court order which granted summary judgment to defendant and reinstating client's complaint due to issues of fact as to alter ego status of defendant and client's employer

 

Matter of Corwin v City of New York, 141 AD3d 484 (1st Dept 2016)

Reversing trial court judgment which denied client's application to serve late and/or amended notice of claim, and permitting allegations of negligent design and professional negligence with respect to construction of municipal bike share station

 

Breest v Town of Oyster Bay, 140 AD3d 819 (2d Dept 2016)

In action brought on behalf of plaintiff-client following an accident in a municipal parking lot, affirming the denial of defendant's motion for summary judgment due to defendant's failure to make the required evidentiary showing on issues relating to prior written notice and special use

 

Vasquez v Sirkin Realty Corp., 107 AD3d 410 (1st Dept 2013)

In a personal injury action arising from an assault on plaintiff-client by apartment building superintendent, the Appellate Division affirmed the denial of defendant's motion for summary judgment due to issues of fact as to whether the superintendent was defendant's employee and whether the superintendent was acting within the scope of his employment at the time of the assault 

 

Murphy v New York City Hous. Auth., 95 AD3d 1086 (2d Dept 2012)

Affirming dismissal of action seeking damages for personal injuries inflicted by unknown perpetrator of criminal activity at client-landlord's premises



Pfeuffer v New York City Hous. Auth., 93 AD3d 470 (1st Dept 2012)

Reversing trial court order which denied summary judgment to client-landowner in an action brought on behalf of plaintiff who alleged injury as a result of a recurring debris condition in a building stairwell 

 

Cruz v New York City Housing Authority, 92 AD3d 615 (1st Dept 2012)

In a personal injury action arising from an elevator accident, the Appellate Division reversed a trial court order that denied summary judgment to client-defendant and unanimously dismissed the complaint due to the absence of notice of an elevator defect caused by alleged vandalism

 

Gonzalez v City of New York, 92 AD3d 619 (1st Dept 2012)

Reversing trial court order and dismissing action due to plaintiff's failure to serve timely pre-suit notice of claim

 

Pastoriza v New York City Housing Authority, _ Misc3d _, 2011 NY Slip Op 52544(U) (Sup. Ct., New York County 2011)

In a wrongful death action in which plaintiff alleged that client-landlord was negligent in maintaining the intercom system in his apartment and, as a result, emergency medical personnel were unable to arrive at his apartment in time to save his wife's life after she suffered an asthma attack, court granted summary judgment to client-landlord

 

Ferguson v New York City Hous. Auth., 77 AD3d 706 (2d Dept 2010)

In an action involving claims of negligent maintenance of an apartment building heating system which caused burn injuries, the Appellate Division affirmed dismissal of the complaint in favor of client-landlord  

 

Hand v Frank Bee Stores, Inc., 67 AD3d 507 (1st Dept 2009)

In a general negligence action, the Appellate Division rejected alter ego theories of liability and dismissed all claims against client-property owner

 

Ogunbemi v New York City Hous. Auth., 65 AD3d 944 (1st Dept 2009)

In action brought by plaintiff injured in contact with heating elements, affirming denial of plaintiff's motion to vacate trial court order granting motion for summary judgment on behalf of client-landlord

 

Spierer v Bloomingdales, 59 AD3d 267 (1st Dept 2009)

Affirming dismissal of products liability action asserted against client-retail department store which was premised upon sale of allegedly defective mattresses that caused "multiple chemical sensitivities"

 

Garcia v New York City Hous. Auth., 59 AD3d 718 (2d Dept 2009)

Affirming dismissal of action commenced to recover for burn injuries caused by allegedly defective stove due to untimeliness of pre-suit notice to defendant-client

 

In the Matter of Bailey, 55 AD3d 443 (1st Dept 2008)

In wrongful death claim involving allegations of negligent security which permitted outdoor shooting at client's premises, reversing trial court order and denying motion for leave to serve untimely pre-suit notice of claim 

 

Dubec v New York City Hous. Auth., 39 AD3d 410 (1st Dept 2007)

In an action arising from an elevator accident, the Appellate Division unanimously reversed the judgment against client-landlord following a jury verdict and directed a new liability trial 

 

Fuller-Mosley v Union Theological Seminary, et. al., 35 AD3d 286 (1st Dept 2006)

Affirming judgment of dismissal for client-lighting manufacturer in action seeking recovery for injuries caused by fallen chandelier

 

Altschuler v Gramatan Management, Inc., 27 AD3d 304 (1st Dept 2006)

In premises liability action arising from trip and fall accident in retail store, the Appellate Division affirmed dismissal of the complaint asserted against client-property owner

 

Bruno v New York City Hous. Auth., 21 AD3d 760 (1st Dept 2005)

In an action on behalf of an infant to recover for injuries sustained in an accident with an exposed heating pipe, the Appellate Division reversed a trial court order which denied summary judgment to client-landlord

 

Ward v New York City Housing Authority, 18 AD3d 391 (1st Dept 2005)

Reversing trial court order which denied summary judgment to client-landlord in negligent security action arising from outdoor shooting

 

Marquis v Eisenstein, 5 AD3d 741 (2d Dept 2004)

In a case arising from a motor vehicle accident, the Appellate Division affirmed the denial of motion for summary judgment by plaintiff-pedestrian, who sought to impose liability against client-defendant-driver

 

Moss v City of New York, et. al., 5 AD3d 312 (1st Dept 2004)

Affirming judgment after trial for client-landlord in an action involving claims of negligent snow removal

 

Herrera v Matlin, 303 AD2d 198 (1st Dept 2003)

In a medical malpractice action brought on behalf of client-patient, the Appellate Division affirmed the striking of the defendant-physician's answer as a sanction for his spoliation of medical evidence.  Following a second successful appeal (4 AD3d 139 [1st Dept 2004]), the case was settled for $750,000 

 

Perez v New York City Hous. Auth., 294 AD2d 170 (1st Dept 2002)

Affirming dismissal of action asserted against client based on opposing party's failure to comply with discovery directives in conditional order of dismissal

 

Cox v Jeffers, 222 AD2d 395 (2d Dept 1995)

Granting client's motion for protective order to suppress opposing party's use of clients' deposition transcripts, which were prepared from opposing counsel's improper audio recording of testimony

 

Winant v Carras, 208 AD2d 618 (2d Dept 1994)

In medical malpractice action involving allegation that decedent was prematurely dishcarged from hospital, affirming entry of judgment for client-hospital following jury verdict

 

Nicoleau v Brookhaven Mem. Hosp. Ctr., 201 AD2d 544 (2d Dept 1994)

In medical malpractice action, affirming dismissal of causes of action for civil rights violations and intentional infliction of emotion distress  asserted against client-physician who administered necessary blood transfusions to plaintiff who opposed such medical treatment on religious grounds  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Disclaimer:  Prior results do not guarantee a similar outcome