Congratulations to Senior Associate, Audrey D. Medd who secured a Judgment of Nonsuit against Plaintiff for her client which effectively dismissed the Plaintiff''s Complaint. Plaintiff now faces a difficult battle in the next four months if she decides to move to open the judgment as it is up to the Court''s discretion.
Congratulations to our partner, Marie Castronuovo, on winning summary judgment in two different cases for Pritchard Industries. The first case, Mamadou Camara v. Boston Properties and Pritchard Industries, was venued in NY County. It involved a slip and fall on a loading dock ramp at the building owned by Boston Properties where Pritchard was the janitorial service provider. The second case, Theresa Nuovo v. 100 Wall Realty v. Pritchard Industries, was venued in Westchester County, and also involved a slip and fall. The plaintiff fell on weather mats in the lobby of 100 Wall Street during an active rain event. The evidence revealed that the lobby mats were in place, but the plaintiff argued they were insufficient and improperly configured with a two-foot space between two mats that caused her to fall when she stepped off one mat to get to the other.
Associate Trishe Hynes won summary judgment for our client in the matter of Califano v. Westley, Index No. 607554/2019. The plaintiff was seeking $150,000 on this claim, in which he had a litany of prior injuries. Trishe argued that he was unable to meet the serious injury threshold, as all of his injuries were pre-existing and not causally related to the subject accident.
David Gould does it again, this time in a case before Judge John Katsonis in the Queens County Civil Court. The plaintiff in the case was a driver in a two-car collision in December 2014, in Nassau County. The only issue to be decided was whether the plaintiff established a "serious injury." She claimed that she sustained a herniated disc in her neck and bulging discs in her back as a result of the accident. David argued that the impact was so slight that it could not have caused the injuries she claimed. The jury deliberated for all of 19 minutes and rendered a unanimous defense verdict holding that she did not sustain a "serious injury."
Congratulations to our Senior Associate, Audrey D. Medd for achieving a favorable settlement for our clients in a highly contentious matter. In this case, venued in the Federal Court, District of Connecticut, plaintiffs alleged housing code violations, including mold and other toxic contaminant exposure which plaintiffs alleged caused serious injuries and demanded an amount in excess of seven figures. After filing Motions to Dismiss and attending a grueling half day mediation with Federal District Judge Vatti, the parties settled the matter for an undisclosed amount, well under the plaintiffs'' demand.
Congratulations to our associate Nima Baratzadeh for his recent win in NY State Supreme Court in Rockland County. Nima won a threshold motion for our client.
Two of our associates, Alexandra Alvarez and Nima Baratzadeh obtained summary judgment dismissing the plaintiff's Complaint against our client, Charles W. Heath II, in Jennifer Stephan v. John Cozzali, Charles W. Heath II, L.I. Drag Racing Club, Corp, et al., venued in Morris County of the Superior Court of New Jersey.
Congratulations to our Senior Associate, Audrey Medd, for winning a Motion to Dismiss for one of our firm''s clients. Audrey appeared for oral argument in Connecticut Superior Court, Judicial District of New Haven before the Honorable Justice James Wilson Abrams where she successfully argued the motion in favor of our client.
David Gould Wins Trial - Nassau County Jury Renders A Unanimous Defense Verdict Finding That The Plaintiff Did Not Sustain A Serious Injury - Joseph Cataldo v. Irving Myones and Jason Myones, Index No.: 604616/17
On July 14, 2021, David Gould received a unanimous defense verdict in Nassau Supreme Court before Justice R. Bruce Cozzens. The plaintiff, a 31-year old physical education teacher claimed that he sustained torn meniscus as a result of a motor vehicle accident on January 24, 2015 in Bethpage New York involved defendant Jason Myones. The plaintiff underwent a left knee meniscectomy in June of 2017.
The Appellate Division First Department unanimously affirmed the lower Court''s decision which granted our client summary judgment. The Appellate Division determined that Vehicle and Traffic Law 1214 was violated when the passenger in plaintiff's parked car opened the passenger door into oncoming traffic when it was not safe to do so. The Court determined that the photographs submitted of the damage to our client''s bus was consistent with our client''s testimony that plaintiff''s passenger opened plaintiff''s car door and struck the middle of the bus while it was passing.
In Russo v. Lake Grove Owners, et al., Supreme Court Suffolk County, Index No: 003987/14, the plaintiff slipped and fell on ice on a walkway while exiting a store in a shopping plaza. Mr. Weiner successfully argued that our client did not owe a duty to the plaintiff, owed no duty under the terms of the snow removal contract with the owner of the shopping plaza and did not create the ice condition that caused plaintiff''s fall.
On May 28, 2021 Marie A. Castronuovo won summary judgment for our clients in a slip and fall case in Kings County. The plaintiff alleged that she slipped on a wet floor inside the lobby of defendant''s building because defendants building owner and cleaning contractor placed an inadequate amount of weather mats on the lobby floor and failed to place them in proper positions.
David Gould Wins Defense Verdict In Kings County In One of the First Jury Trials After the Covid Pause
On May 18, 2021, David Gould obtained a defense verdict after just 36 minutes in the Supreme Court Kings County before Judge Debra Silber (Deborah Thomas vs. Nadege Constant, Supreme Kings Index Number 504584/2017).
Trishé Hynes obtained a summary judgment dismissal of a third-party complaint brought against a driver who was rear-ended while merging onto the highway.
Marcin Kurzatkowski obtained a summary judgment dismissal of the plaintiff's Labor Law 200 and 241(6) claims against a subcontractor at the construction site
On March 18, 2021, Marcin Kurzatkowski obtained a summary judgment dismissal of the plaintiff's Labor Law 200 and 241(6) claims against a subcontractor at the construction site. The plaintiff alleged that he tripped and fell over a copper pipe that was left behind on the floor. Mr. Kurzatkowski represented the subcontractor that was responsible for providing carting and cleaning services at the construction site.
Lee-David Weiner Wins Summary Judgment On Behalf Of A Project Manager In A Trip And Fall On The Side
Mr. Weiner wins summary judgment In Stakey v. Town of Riverhead et al. Suffolk County Index No: 15-00089. The Court in an 8-page decision held that our client did not perform any work on the subject sidewalk and was not responsible for the safety or means and methods of each individual contractor pursuant to the contract between our client and the subcontractor performing the work.
Alexandra Alvarez Wins at the Appellate Division on Theodora Renee Harrison v. Andrea M. Toyloy and Andrew Toyloy
Alexandra Alvarez was victorious after oral argument before the Appellate Division in the Second Department.
Russo & Toner, LLP is pleased to announce that Florina Altshiler, Esq., whom resides in our Buffalo, New York has been sworn in as a Certified Federal Court Mediator and has been added to the Western District of New York Panel
The Firm successfully obtained summary judgment dismissing all claims against our client, the plaintiff''s employer, on the date of plaintiff''s accident. Plaintiff alleged that he was seriously injured after tripping and falling at a construction site in the course of his employment. The owner, tenant, and general contractor sought contractual indemnity from our client. Through our written motion and subsequent oral argument, we convinced the court that the Firm''s client was not was not negligent in its performance of its work at the subject construction site and therefore, not obligated to contractually indemnify any party. The Firm''s client was the only party that was dismissed from the case; the case continues against several defendants and third-party defendants.
Kevin Horbatiuk received a favorable decision for our client in the case Cohen v. Life Insurance Company of North America, in the United States District Court for the Southern District of New York (Civil Action No. 17 CV 9270) from District Judge J. Paul Oetken.