Trishe Hynes Wins Summary Judgment Motion
Congratulations go out to Trishe Hynes who was assigned a rather wonky real property action against the insured, Josephine Tufel, the owner of her condominium unit.
John Komar Wins Defense Verdict in Kings County
On June 6, 2023, John Komar obtained a defense verdict on a summary jury trial in Adams v. Irizarry, et al. (Kings County, 501134/18)
Cecil Floyd Wins a Liability Defense Verdict in King County
On June 1, 2023, Cecil Floyd won a liability defense verdict in the case of Altagracia Vargas v. Michael Dolphin in Civil Court, Kings County, Index No.: 300089/2020 before Hon. Heela Capell. Plaintiff claimed to have sustained personal injuries from a slip-and-fall on ice on the exterior steps of defendant''s premises at 11:00 a.m. on December 31, 2013.
Court of Appeal Affirms Jury Verdict for Defense in Fall Off of a Ladder Case Premised Upon Sole Proximate Cause
In the matter of Bonczar v. AMC Theaters, the plaintiff filed suit claiming violations of Labor Law 240(1) after he fell from an A-Frame ladder he was using to install a smoke detection system. At his deposition, the plaintiff was equivocal on the issue of whether he had checked the ladder to ensure that it was locked in place when he ascended it prior to his fall, admitting that he may not have done so.
Jury Dispenses Delivers Swift Justice by Rendering a Defense Verdict on Damages in Under One Hour - Alexandra Jacques v. Thomas Joseph Oliveri and Stephen J. Oliveri
David Gould obtained a unanimous defense verdict in the Supreme Court, Nassau County, before Judge Catherine Rizzo in the Alexandra Jacques v. Thomas Joseph Oliveri and Stephen J. Oliveri case, Index Number 608950-20. The plaintiff, a 52-year old Nurses Aide at Northwell Hospital, was the driver of an SUV that was stopped in traffic on the Southern State Parkway in Nassau County when the defendant, Thomas Joseph Oliveri who was 17-years old at the time of the accident, made contact with the rear of her vehicle. The case was tried solely on damages regarding whether the plaintiff sustained a "serious injury". The plaintiff underwent a right knee and right shoulder arthroscopy within four months of the accident. One of the plaintiff''s orthopedic medical experts testified that in his opinion that she will require future cervical and spinal fusion surgeries at a cost of $150,000.00 each. Mr. Gould argued that the impact was merely a minor fender bender and thus it was not the proximate cause of her past surgeries as well as any surgeries that might occur in the future.
Kevin Horbatiuk wins a verdict in favor of our clients after a trial on liability in Queens County, Supreme Court
On April 28, 2023 Kevin Horbatiuk won a verdict in favor of our clients after a trial on liability in Queens County, Supreme Court in the case of El Hassan vs Munoz Trucking Corporation and Maria Theresa Corral.
David Gould and Svitlana Astakova Get A Unanimous Defense Verdict on Liability and Damages
David Gould and Svitlana Astakova obtained a unanimous defense verdict in the Civil Court Queens County before Judge Alan J. Schiff in the Pierre Laine v. Iga Trojanowski, Jean Dorismond and Harold Almonor case, Index TS-350535/19.
Marie Castronuovo Wins Summary Judgement - Laura Marks v. Lessings, Inc.
On January 9, 2023, Marie Castronuovo''s motion for summary judgment was granted on behalf of our client in the case of Laura Marks v. Lessings, Inc. This case involved a plaintiff who fell down exterior steps at Whitby Castle, claiming the steps were visually confusing. To establish that the steps were not visually confusing Ms Castronuovo presented the Court with the photos of the steps marked at plaintiff''s deposition which depicted various shades of gray on each step, and a darker landing as well as a white framed threshold. She also argued that plaintiff''s expert failed to identify a Building Code violation and admitted that the steps were well lit. Plaintiff opposed the motion, arguing that the steps were an optical illusion and required a mid-handrail. This was rebutted by Ms. Castronuovo who argued that plaintiff''s expert''s opinion only provided suggestions for making the steps safer and did not identify any Building Code requiring a mid-handrail. She further cited to plaintiff''s testimony that she was looking straight ahead as she exited the building, instead of down at the staircase.
Marie Castronuovo Wins Summary Judgement - Brian Crosby v. AJA Turnpike et al
On January 3, 2023, Marie Castronuovo's motion for summary judgment was granted on behalf of our clients in the case of Brian Crosby v. AJA Turnpike et al. Ms. Castronuovo moved for a dismissal of plaintiff's Labor Law 200, 240 and 241 claims against various Sonic entities. Plaintiff opposed the motion, arguing that there was an agency relationship between the Sonic entities and the owner of the property and the general contractor on the job. Judge Frank Nervo agreed with Ms. Castronuovo's argument that no agency relationship existed and that the Sonic entities were not subject to the Labor Law.
25 Years and Counting - Reflecting on a Wonderful Anniversary Year
25 Years and Counting - Reflecting on a Wonderful Anniversary Year What a fantastic 25th year we had at Russo & Gould! Thank you to our clients and friends for your continued support these 25 years. We enjoyed a busy year; below are some highlights that we wanted to share.
Russo & Gould Article on Exposure and Pitfalls for Contractors, Owners, and Subcontractors
Russo & Gould recently published an article in Building Western New York, the official publication of the Construction Exchange of Buffalo & WNY, Inc., entitled "Russo & Gould LLP Provides Overview of Exposure and Pitfalls for Contractors, Owners, and Subcontractors." The article discussed the legal and financial burdens that New York''s rigid labor laws can place on owners and general contractors when accidents occur on job sites, offering several suggestions for protecting against financial liability exposure.
Congratulations to our Senior Associate, Audrey Medd on Another Terrific Win for a Connecticut Russo & Gould Client
In Jackson v. 61 Warwick, LLC, et. al. Audrey secured a judgment without trial for our client in an action where plaintiff alleged mold issues in her apartment caused significant injuries. Audrey successfully challenged the legal sufficiency of the plaintiff''s Complaint through a Motion to Strike. Specifically, Audrey argued that the plaintiff could not maintain a cause of action under Connecticut General Statutes § 47a-7. After argument, Honorable James Abrams, in his well-reasoned decision, agreed with Audrey and held that "[t]he statute itself does not create a private cause of action for the tenant in the event the landlord violates any of the multiple requirements contained in Gen. Stat. § 47a-7," and struck plaintiff''s Complaint in its entirety.
John Komar Gets a Defense Verdict in Brooklyn
John Komar obtained a defense verdict on a summary jury trial in the Supreme Court Kings County before Judge Francois A. Rivera in the Jorge Garcet v. Renan Cantos Bermeo case, Index Number 510873/18. The plaintiff claimed that his lumbar discectomy with spinal fusion surgery and arthroscopic knee surgery was caused by the defendant''s negligence arising out a car accident on August 21, 2017.
David Gould Wins A Motor Vehicle Accident Case On Liability in Supreme Court Suffolk County - Jury Renders Their Verdict In 33 Minutes
David Gould Wins A Motor Vehicle Accident Case On Liability in Supreme Court Suffolk County - Jury Renders Their Verdict In 33 Minutes.
Florina Altshiler Helping Ukrainian Refugees in Poland
Thank you to our partner Florina Altshiler, who is in Poland this week working with Ukrainian refugees. Florina is helping families in their resettlement efforts, and is also doing what she can to help with other needs - English lessons for adults and art lessons for children. Every little bit helps.
NYPL Section 265.03(3), Criminalizing the Possession of a Weapon, is Unconstitutional. Here's How Defense Attorneys Can Fire Back.
Buffalo Police pull a vehicle over. The license plate is out of state. Officers approach and inform three African Americans inside a turn signal was missed. The driver has a prominent neck tattoo. He presents his Learner's Permit. The front-seat passenger, his girlfriend, presents her driver's license and paperwork for the just-purchased, out-of-state vehicle. The officers walk back to their patrol car. On a body camera, one officer can be heard saying, "They have a gun. I just know it. We need a reason to search." Quickly, an officer realizes that the young lady's driver's license is expired, making the learner's permit insufficient. "Yes, we got 'em," exclaims an officer. "We have our reason to search."
Kevin Horbatiuk Spends Day with Heroes on the Hudson
Russo & Gould Partner Kevin Horbatiuk spent his weekend on the Hudson River with Heroes on the Hudson and the Wounded Warrior Project. Kevin and members of NYC Kayak Clubs helped provide a day of fun on the water to former servicemen and servicewomen. All enjoyed a beautiful day of kayaking, sailing, and being together.
Audrey Medd Wins Judgment of Nonsuit
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.
How Would the Grieving Families Act Affect Litigation in NYS?
The New York State Assembly and the New York State Senate have passed Bill S74A, known as the Grieving Families Act. NYS Gov. Kathy Hochul''s signature is the remaining last step to turn it into law. If signed into law, it will be the first update to New York''s wrongful death statute in more than 150 years.