By decision and order dated June 11, 2024, the Appellate Division, First Department unanimously affirmed the trial court’s order granting preclusion of Plaintiff’s medical expert and dismissing the complaint. The Appellate Division found that the testimony of Plaintiff’s expert was correctly precluded, and that Plaintiff could not sustain her burden of proof at trial.
Read MoreThe Court granted Summary Judgment in favor by decision and order Dated October 5, 2023.
The Supreme Court, Kings County recently granted our client Summary Judgment in connection with a personal injury action in which the Plaintiff sought damages for injuries allegedly sustained when he tripped and fell on an allegedly defective sidewalk condition.
Read MoreIn this case, the plaintiff, a distributor of medical devices, brought an action against another distributor of medical devices and a medical device manufacturer asserting claims for breach of contract and tortious interference with a contract. The Nassau County Supreme Court granted the defendant’s motion for summary judgment and dismissed the Complaint against the distributor of medical devices. The Court held that the defendant distributor of medical devices did not have knowledge of the contract between the plaintiff and medical device manufacturer, and did not intentionally procure the medical device manufacturer’s purported breach of the contract.
Read MoreIn an action, inter alia, to recover damages for assault and battery, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Carolyn F. Wade, J.), entered October 31, 2018. The judgment, upon a jury verdict in favor of the defendant, is in favor of the defendant and against the plaintiff, in effect, dismissing the complaint.
Read MoreIn this case plaintiff sought to supplement his bill of particulars to include traumatic brain injuries and additional economic damages. The Appellate Division, First Department, affirmed the order of the Supreme Court, New York County, which found that the alleged new injuries and additional economic damages constituted an amended bill of particulars rather than a supplemental bill of particulars, and granted defendant’s motion to strike the bill of particulars.
Read MoreIn a case where plaintiff claimed that personal injuries were caused by a defective staircase, the Appellate Division, Second Department, unanimously affirmed the order of the Supreme Court, Queens County, granting property owner defendants’ motion for summary judgment, and dismissing the complaint as against them, based upon plaintiff’s failure to adequately establish the specific cause of the accident.
Read MoreIn a case where plaintiff sought to vacate a settlement agreement, the Appellate Division, Second Department, reversed the order of the Supreme Court, Queens County, vacating the settlement agreement, and granted defendant’s motion to enforce the settlement agreement.
Read MoreIn a case where plaintiff claimed that personal injuries were caused by a defective service ramp, the Appellate Division, First Department, unanimously reversed the order of the Supreme court, New York County which had denied defendants’ motion for summary judgment, and directed summary judgment for defendants and dismissal of the case as against them based upon plaintiff’s failure to establish that any industry-wide safety standard had been violated at the time that the service ramp was constructed.
Read MoreIn a case where plaintiff claimed that personal injuries were caused by a defective staircase, the Appellate Division, Second Department, unanimously affirmed the order of the Supreme Court, Queens County, granting property owner defendants’ motion for summary judgment, and dismissing the complaint as against them, based upon plaintiff’s failure to adequately establish the specific cause of the accident.
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