Representative Accomplishments

General Casualty

  • We obtained a reversal by the Appellate Division, First Department of a decision denying our client's motion for summary judgment in a dental malpractice case brought by Natasha Alvarado. Though the lower court dismissed the plaintiff's claim of lack of informed consent, it still held that there was a viable claim of alleged abandonment. The Appellate Division reversed, holding that our client, an oral surgeon, did not abandon plaintiff during her post-operative treatment subsequent to a wisdom tooth extraction, whereupon plaintiff developed an infection. Hence, the Appellate Division ordered the case dismissed. Natasha Alvarado, 32 A.D. 3d 255, 820 N.Y.S.2d 39 (1st Dept. August 10, 2006).

  • In a serious motor vehicle accident involving a pickup truck and a dumpster truck in upstate New York, we successfully argued on appeal that no issues of fact exist as to any negligence by our client in its ownership, operation, maintenance or control of certain aerial cable television facilities located above the roadway at the site of plaintiffs' accident. The dismissal of plaintiffs' complaint and all cross-claims was recently unanimously affirmed by the Appellate Division, Second Department. The plaintiffs claimed that a dumpster truck operated by the defendant came in contact with low hanging wires belonging to our client causing the dumpster truck to twist out of control and into plaintiffs' lane of traffic. The defendant truck company cross-claimed and argued that the cable television wire was improperly maintained and caused the accident. The appellate court agreed with our arguments on appeal that there is no evidence that the wiring ever came into contact with the truck owned and operated by the defendant, and dismissed the case in its entirety. The Court also awarded costs in our favor against the trucking company. Caffery v. BJY Materials, 11 A.D.3d 649, 784 N.Y.S.2d 559 (2nd Dept. 2004).

  • Tate v. Clancy-Cullen Storage Co., Inc., 178 A.D.2d 292, 577 N.Y.S.2d 377 (1st Dep't 1991) (reversed standing law, in our client's favor, on the liability of a fire alarm installer and its right to seek indemnity from an owner of the premises.

  •  Marte v. W.O. Hickok Mfg. Co., Inc., 159 A.D.2d 316, 552 N.Y.S.2d 300 (1st Dep't 1990). (Summary judgment in favor of the occasional seller of defective machinery on a products liability case).

  • Iannelli v. Powers, 114 A.D.2d 157, 488 N.Y.S.2d 377 (2d Dep't 1986) (at the time the leading case on lack of security in office buildings; we achieved reversal of $500,000 plaintiff's verdict for wrongful death of an invitee at the hands of robbers).

  • Dicupe v. City of New York, 124 A.D.2d 542, 507 N.Y.S.2d 687 (2nd Dep't 1986) (child's claim against contractor client for defective design in planning of an intersection leading to catastrophic "legs off" injuries dismissed).

  • Maddox v. City of New York, 66 N.Y.2d 270, 496 N.Y.S.2d 726 (1986) (in claim for personal injuries suffered by an infant in a fall from an allegedly defective bleacher, defendant's verdict on behalf of our client - despite the absence of affirmative proof as to how or whether the accident occurred in a manner different from the version of the accident tendered by plaintiff - affirmed).

  • Tepper v. Feldman, 117 A.D.2d 595, 498 N.Y.S.2d 65 (2nd Dep't 1986) (summary judgment in wrongful death action).

  • Cooperman v. Sun Mark Industries Division of Sun Oil Co. of Pennsylvania, 529 F.Supp. 365 (S.D.N.Y. 1981) (leading choice of law case applying New Jersey's more favorable contributory negligence standard to New York plaintiff's serious motor vehicle accident).