Decisions
Case Dismissed for Failure to Heed a Stop SignA successful outcome was obtained in Rivera v. Odermatt wherein our office represented the Plaintiff on the counterclaim who was struck by the Defendant who failed to yield the right of way at a stop sign. Our office was successful in establishing that the Defendant was solely at fault for the happening of the accident and the counterclaim was dismissed.
Judgment Granted to Defendant in Wrongful Death Case
In Milana v. Smith, our office successfully established that the vehicle in which the Plaintiff was a passenger was the sole proximate cause of this accident involving our Insured. The Court agreed that Jutting, the co-defendant driver of Plaintiff's vehicle failed to heed a red traffic light and was the sole cause of this accident, as well as the death of the Plaintiff.
Judgment Granted to Defendant on Non-Threshold Injuries
In Puleio v. Messina, our client was granted the dismissal of the Plaintiff's case by the Court when we were able to show that none of the Plaintiff's alleged soft tissue injuries qualified as a "serious injury" as defined in Insurance Law §5102(d).
Threshold Motion Granted- No Exacerbation Shown
In Batista v Scalice summary judgment was obtained on behalf of the defendant when defendant was able to show that the surgery performed to plaintiff’s clavicle was not causally related to the subject motor vehicle accident.
Appellate Division Reverses Lower Court's Decision
In Lippman v Flaherty, reversal of the denial of summary judgment by the lower Court was obtained on behalf of the defendant when defendant was able to show that, in fact, plaintiff did not have any contemporaneous range of motion findings that were significant around the time of the accident.
Appellate Division Reverses Lower Court; Defense of Release Sustained
In Giglio v. NTIMP, Inc., the Appellate Division reversed the lower Court, finding that the release given on behalf of a non-party in the main action was valid against third party plaintiff's claims.
Verdicts
Hit in the Rear Verdict—Bouchard v. GrantOur office obtained a favorable verdict for the defendant even though our client struck the rear of plaintiff's vehicle.
Lane Change Verdict— Nacaroglu v. Wever
Our client was deemed to be not negligent in the operation of his vehicle during trial when it was established that the accident was caused by the plaintiff weaving in and out of traffic.
Question of Lights Verdict— Kelly v. Mandelbaum
We obtained a successful defense verdict in this question of lights case when plaintiff was proven to be speeding through an intersection as our client was executing a left-hand turn, colliding with our client.
U-Turn Verdict— Furman v. Lattka
Our office successfully argued to the jury that the testimony of the plaintiff was inconsistent with the testimony of the driver of the vehicle in which she was a passenger and the physical evidence inclusive of the points of contact between the involved vehicles. Our client was absolved of any liability and co-defendant was found to be 100% at fault for the accident.