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  • We obtained summary judgment for our client in a personal injury action arising out of serious injuries sustained by a plaintiff in a fall caused by a depression in the street near her home. Plaintiff underwent multiple surgeries to her leg and had made a $5.3 million settlement demand. Her treating physician indicated that she would never return to her previous line of work and required a knee replacement. We contended that our client was not liable to the plaintiff as there was no duty running from our client to the plaintiff to make the street safe. We also argued that our client did not create a dangerous condition and did not direct, supervise or conduct the work of the co-defendant contractor. The Court dismissed plaintiff complaint as to our client and also granted summary judgment on their cross claims for contractual indemnification and breach of contract. The Court directed that there be an immediate assessment of damages so that our client may recoup the attorney's fees and costs associated with our client's defense in this action. Bessie Caldwell and John Caldwell v. Cablevision Systems Corporation, et al.; Supreme Court, Westchester County; Index No.: 1404/07 (March 2008). 

  • We obtained dismissal of plaintiff's claims against our clients in a personal injury action for failure to effectuate proper service. Plaintiff improperly served our corporate client at a location that was not authorized to accept service of process as the New York State Department of State was the only authorized agent for service of process for actions commenced in New York. The Court also found that plaintiff was unable to show good cause in order to obtain an extension of time for service and therefore could not show that an extension was warranted in the interest of justice. Patricia Bufford v. Clearview's Mt. Kisco Cinema, et al.; Supreme Court, Westchester County; Index No.: 11746/07 (February 2008).

  • NFAM is pleased to recognize the following employees on having reached service anniversaries:

For fifteen years of service:
Norma Lopez - Office Services Staff
For ten years of service:
Lisa Rao - Secretary
For five years of service:
Matthew S. Marino - Associate
(December - 2007)

  • Plaintiff claimed that defendant dentist provided negligent dental treatment, including oral surgery and restorative care. She claimed that he placed ill-fitting bridges, chose poor abutment teeth, did no periodontal work, and placed inadequate caps and crowns. At trial, plaintiff called two experts, a general dentist and a periodontist, to criticize the client's work. Plaintiff claimed that as a result of the client's treatment, she lost all of her upper teeth, requiring her to wear dentures. Relying on plaintiff's history of prior dental problems, the poor condition of her mouth at the time she first sought the client's help, and the fact that she needed all of her Maxillary teeth removed in the first place, we argued that the defendant could not be responsible for plaintiff's injuries. In this civil case, a unanimous jury agreed, finding in favor of our client on all counts. Supreme Court, New York County, Index No. 104248/06 (October 2007).

  • We obtained summary judgment on behalf of Bovis Lend Lease Interiors, Inc. (the construction manager), Metropolitan Life Insurance and Annuity Company (the owner of real property), and Insignia Residential Group, Inc. (the property manager) dismissing the complaint of a plaintiff who claimed she was injured when she was struck by a falling panel of a wooden perimeter barricade separating the temporary walkway from the construction project. She claimed that the falling wooden panel knocked her to the ground and tore the ligaments in her right thumb which required surgical repair. We argued that our clients owed no duty of care to the plaintiff because they did not exercise control over the work and did not cause or create the condition that caused the plaintiff's injury. Further, the subcontractor owed the construction manager, owner and property manager indemnity based upon the language of the contract and it having actually performed the work. The court agreed with our position and dismissed the plaintiff's complaint against all three of our clients and awarded our clients indemnity against the subcontractor that actually installed the perimeter fence. Abigail Diaz as Administrator of the Estate of Carmen Pantoja v. Bovis Lend Lease, et al.; Supreme Court, New York County, Index No.: 106972/03 (October 9, 2007).

  • We obtained a defense verdict after a trial of a dental malpractice case where plaintiff claimed that defendant dentist provided negligent dental treatment, including oral surgery and restorative care. She claimed that he placed ill-fitting bridges, chose poor abutment teeth, did no periodontal work, and placed inadequate caps and crowns. At trial, plaintiff called two experts, a general dentist and a periodontist, to criticize the client's work. Plaintiff claimed that as a result of the client'sf treatment, she lost all of her upper teeth, requiring her to wear dentures. Relying on plaintiff's history of prior dental problems, the poor condition of her mouth at the time she first sought the client's help, and the fact that she needed all of her Maxillary teeth removed in the first place, we argued that the defendant could not be responsible for plaintiff's injuries. In this civil case, a unanimous jury agreed, finding in favor of our client on all counts. Supreme Court, New York County, Index No. 104248/06 (October 2007).