Plaintiff fell into a sinkhole in a cemetery. Representing the cemetery and its owner, the Roman Catholic Diocese of Brooklyn, we went to the Appellate Division to obtain dismissal. There was no warning that a sinkhole would open up in that spot, and cemetery personnel had been diligent in inspecting the area. Carriero v. St. Charles Cemetery, App. Div. 2nd Dept., Dec. 27, 2017.
Plaintiff fell on a defective curb cutout in front of a church. Representing the church, we moved for dismissal because an abutting landowner in New York City is responsible for maintenance of the sidewalk but the curb is the City’s responsibility and should have been fixed. Faced with our motion in front of Justice Reginald A. Boddie, plaintiff’s attorney agreed to discontinue the case. Montesdeoca v. Holy Trinity Church, Supreme Court, Kings Co., Oct. 27, 2017.
Plaintiff fell into hole in train station parking lot caused by underground drainage subsidence. Representing the parking lot operator, we won dismissal by showing that the hole did not arise out of our operations and plaintiff’s remedy is against Metro North, the parking lot owner. DeStefano v. Metro North et al., Supreme Ct., Putnam Co., April 25, 2017 (DiBella, J.).
Plaintiff struck from behind by vehicle. We won dismissal because the injuries did not cross the no-fault “threshold”. Plaintiff’s remedy under law is limited to his no-fault benefits. We won the motion due to the meticulous expert showing of the extent of plaintiff’s injuries. Arcelo v. Badner and Imperial Parking, Supreme Ct., Queens Co., March 2, 2017 (Modica, J.).
Mr. Miller suffered pressure sores allegedly leading to death. We represented defendant nursing home. Faced with our motion to dismiss explaining why the sores were unavoidable and our client rendered all necessary care, plaintiff’s attorney decided to discontinue the case. Estate of Miller v. Lynbrook Restorative Care and Nursing, Supreme Ct., Nassau Co., stipulation entered April 19, 2017.
Driver of a truck did not apply brakes, causing severe injury. We represented the company that owned the truck and got the case against it dismissed. Reifsnyder v. Penske Truck Leasing et al., Appellate Division, 140 A.D.3d 572 (1st Dept. 2016).
PEG tube was disloged in a nursing home, causing injury and death. We represented the nursing home and got the case against it dismissed because it was not liable for the acts of the attending physician. Armistead (Estate of Willis) v. Long Island Care Center, Sup. Ct., Queens Co. (O’Donoghue, J.), Aug. 17, 2016.
Obtained full value back from health insurer which at first said it would approve a respiratory procedure, then afterward tried to deny coverage. J.L. v. Empire Healthchoice, Sup. Ct., Rockland County, 2015.
Successfully obtained permits (after an appeal process) allowing an eminent instrument dealer to export pernambucco wood overseas for us in making violin bows. Kolstein & Sons, Inc., 2015.
Obtained dismissal of wrongful death lawsuit against nursing home because plaintiff did not have legal capacity to sue (was not properly authorized to act on behalf of the estate). Wonge v. LICC, Sup. Ct. Queens Co., June 28, 2016 (O’Donoghue, J.).
Obtained dismissal of punitive damages claim against nursing home. Cartolano v. Grandell Rehabilitation Center, Sup. Ct. Nassau Co., May 18, 2015 (Palmieri, J.).
Won dismissal of suit against dental clinic brought by Supreme Court judge alleging failure to detect cancer at base of tongue. Christopher v. County Dental, Sup. Ct. Westchester Co. (Dec. 3, 2015). (The judge’s cancer responded to treatment and she is now in remission.)
On appeal, obtained dismissal of case against nursing home involving an injury to a resident while on a bowling outing supervised by staff. Marksamer v. Engel Burman Senior Housing, 95 A.D.3d 963, 1st Dept. 2012.
Obtained dismissal of suit against church involving a slip and fall by a parishioner on altar steps. Zaldivar v. St. Rita’s Roman Catholic Church, 125 A.D.3d 771 (2nd Dept. 2015).
Obtained dismissal of strict liability claim against Catholic school where an outside contractor fell off a ladder. Catania v. St. Rose of Lima School, 40 Misc. 3d 1209(A) (Sup. Ct. Kings Co. 2013).
Obtained dismissal of medical malpractice claim against ambulance service. Williams v. Shiva Ambulette Service, 102 A.D.3d 598 (1st Dept. 2013).
Obtained dismissal of action against Catholic school where student, after being sent home for dress code violation, was assaulted after exiting public bus. Clarke-Robinson v. Bishop Ford High School, Sup. Ct., Kings Co. 2015 (Schmidt, J.).
Obtained dismissal of suit against Catholic school where child was injured in playground; we showed that the injury was unforeseeable. Diana G. v. Our Lady Queen of Martyrs School, 100 A.D.3d 592 (2nd Dept. 2012).
Defense verdict, upheld on appeal, in case involving serious injury on sidewalk outside church. Geary v. St. Thomas Aquinas School, 98 A.D.3d 646 (2nd Dept. 2012).
Obtained dismissal, upheld on appeal, in case involving serious injury due to collapsed table at senior event held in church building. Harry v. Roman Catholic Diocese of Brooklyn, 98 A.D.3d 470 (2nd Dept. 2012).
Obtained dismissal, upheld on appeal, in sex abuse case where the church did not have notice of incident. O’Neil v. Roman Catholic Diocese of Brooklyn, 98 A.D.3d 485 (2nd Dept. 2012).