Representative Accomplishments

Sample of Recent Accomplishments in Our Trial Practice

  • 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 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).

  • We obtained a defense verdict on behalf of our client Sheraton Corporation and Hudson Sheraton Corporation after a jury trial in the Federal District Court in Newark, New Jersey. Plaintiff, a 56 year old delivery driver was injured while delivering produce in Manhattan when he fell down a set of stairs. Plaintiff sustained a ruptured Achilles tendon for which he underwent surgery. While our defense expert conceded that the stairs should have had handrails, the plaintiff fell down the middle of the stairs. While the jury found the defendants negligent, it did not find the negligence to be the proximate cause of the plaintiff's injuries and as such, plaintiff's claim was dismissed. Richard Ferruggia and Ferruggia v. The Sheraton Corporation and Hudson Sheraton Corporation, LLC, ABC Corp. I-X and Jane Does I-X, No. 2:05-cv-02746; Federal District Court, Newark, New Jersey (September 2007).

  • We obtained a defense verdict after a trial of a dental malpractice case where plaintiff alleged our client's negligence over the course of 22 years of dental treatment. Plaintiff claimed that our client had failed to provide periodontal treatment, provided inadequate bridges and crowns, and negligently provided subperiosteal implants. Our theory of the case was that the plaintiff suffered from long-standing periodontal breakdown, which could not be cured or reversed. Moreover, our client did the best job he could in staving off the plaintiff's continued, inexorable deterioration, prolonging the plaintiff's dental lifespan as best as was possible. Moreover, the subperiosteal implants (metal frames that sit below the gum tissue) were properly used on the plaintiff. Despite plaintiff's claims of personal injuries, she had suffered from a serious bout of cancer in the final years of the insured's treatment, thereby further explaining plaintiff's deteriorating dental condition, and her claims that the implants failed. Supreme Court, New York County, Index No. 101594/05 (September 2007).

  • We obtained a defense verdict after a trial of a dental malpractice case where plaintiff alleged our client's negligence over the course of 22 years of dental treatment. Plaintiff claimed that our client had failed to provide periodontal treatment, provided inadequate bridges and crowns, and negligently provided subperiosteal implants. Our theory of the case was that the plaintiff suffered from long-standing periodontal breakdown, which could not be cured or reversed. Moreover, our client did the best job he could in staving off the plaintiff's continued, inexorable deterioration, prolonging the plaintiff's dental lifespan as best as was possible. Moreover, the subperiosteal implants (metal frames that sit below the gum tissue) were properly used on the plaintiff. Despite plaintiff's claims of personal injuries, she had suffered from a serious bout of cancer in the final years of the insured's treatment, thereby further explaining plaintiff's deteriorating dental condition, and her claims that the implants failed. Supreme Court, New York County, Index No. 101594/05 (September 2007).

  • We obtained summary judgment on behalf of Time Warner Cable dismissing a personal injury action brought against it arising out of a trip and fall accident in a public thoroughfare. We successfully moved to dismiss on the basis that all of Time Warner Cable's equipment in the area was aerial and therefore Time Warner Cable had no reason to, and did not create the trench in the street on which plaintiff allegedly fell. Kelley-Blake v. City of N.Y. et al.; Supreme Court, Richmond County, Index No. 12324/01 (August 2007).

  • We obtained a decision after an arbitration proceeding from Arbitration Forums, Inc. in which our client, the construction manager for a renovation project at a landmark, mid-town Manhattan office tower, was found to have no liability for water damage caused while it was renovating space within the building. Our client's subcontractor was performing certain HVAC work on the floor above where the water damage occurred. While work on ducts and thermostats was taking place, a valve in an HVAC condenser unit burst, causing infiltration of water and damage to the floor below. We proved that, under the construction management agreement, our client had no responsibility to inspect or repair the faulty condenser valve and was not responsible for the water damage. Federal Ins. Co. v. National Union Fire Ins. Co. of Pittsburgh, P.A. and Fireman's Fund Ins. Co., Arbitration Forums, Inc, (August, 2007).

  • Plaintiff, a 39 year old grade school teacher, claimed that she was injured when a portion of the ceiling collapsed in her bathroom as she bathed her daughter.  The evidence established, and NYCHA conceded, that plaintiff had made numerous complaints about the ceiling for several years prior, and that that NYCHA had made repairs, but the ceiling kept falling.  Plaintiff claimed that as the result of her accident, she was forced to resign from her teaching job and had been unable to return to work for 2 ½ years. NYCHA conceded that the ceiling had been a continuing problem, but had made reasonable efforts to correct it.  As to plaintiff’s resignation, we called the principal of plaintiff’s school, who testified that she had sent plaintiff a letter threatening her with termination one week before the accident due to frequent absences.  We argued that plaintiff resigned, after nothing but an emergency room visit before she was dismissed so that she could blame NYCHA for her dismissal and thus get lost earnings.  We also showed that six months after the accident, while still totally disabled, plaintiff enrolled as a full time graduate student. Plaintiff claimed a herniated disc at C3-C4 with nerve root impingement. We pointed out that plaintiff had injured her neck on two other occasions prior, the last in a MVA one year before.  On cross-examination, plaintiff’s treating neurologist admitted that he was unaware that she had already quit her job when she first saw him, nor did he know that plaintiff was taking a full credit load in graduate school while he was under the impression she was totally disabled from all work due to debilitating neck pain and headaches. Plaintiff asked the jury for $1,275,000. The settlement demand was $300,000 and the offer $75,000.  The jury awarded $11,000 in past pain and suffering, $8,949 for past medical expenses, and $10,867 for past loss of earnings.  There were no awards for future damages.  The total awarded was $30,816, significantly below what was sought from the jury.   Michelle Brisbane v. New York City Housing Authority, Supreme Court, Bronx County, Index No. 25297/01 (May 2006).

  • We obtained a directed verdict at trial for our client's dental practice which was sued for dental malpractice. Previously, plaintiff had undergone a root-canal procedure and a piece of a file was left in the tooth. Our client's dental practice had performed an initial root-canal procedure and thereafter she went to see two other dentists. The third dentist installed a permanent crown at which time the tooth was decayed and extracted. The patient claimed our client should have advised her of the broken file and referred her to a specialist. The trial court directed a verdict for the defendants finding that plaintiff failed to make a prima facie case of dental malpractice or lack of informed consent. Supreme Court, Queens County, Index No. 4740/04 (May 2007).

  • We obtained a defense verdict for a general dentist in a dental malpractice action brought by Gelvina Stevenson in which the plaintiff claimed that the dentist was negligent in trying to perform an extraction of the plaintiff’s wisdom tooth.  Specifically, the plaintiff claimed that the dentist departed from good and accepted practice by failing to provide alternative treatment, failing to take proper x-rays and failing to obtain proper consent from the plaintiff prior to the surgery.  We were able to show, through expert testimony, that the dentist was not negligent in failing to provide alternative treatment or obtaining proper consent.  While the jury found that the dentist did not take proper x-rays of the plaintiff prior to the surgery, we were able to show that this was not a substantial factor in causing the plaintiff’s injuries.   Civil Court, Kings County, Index No. 300089/05 (April 2006).

  • We obtained a defense verdict for an oral surgeon in a dental malpractice action brought by Rosita Booker in which the plaintiff claimed that her lingual nerve was damaged during the removal of her wisdom teeth.  The plaintiff claimed that the oral surgeon was negligent in the removal of the teeth and that but for his negligence the injury would not have occurred.  We were able to show, through expert testimony, that nerve damage is a known risk of the procedure, and while we conceded that the plaintiff’s nerve was in fact damaged, the oral surgeon did not depart from good and accepted dental practice in the removal of the teeth.  Supreme Court, Kings County, Index No. 26937/03 (February 2006).

  • Successfully represented the Grace/El Sol joint venture at a trial in which after all sides had rested, the plaintiff discontinued its action against the Triborough Bridge and Tunnel Authority, and TBTA in turn discontinued with prejudice its third party action against the joint venture, even though the joint venture was required pursuant to a contractual indemnity provision to reimburse defense costs and fees.  Plaintiff, a Grace employee was driving a Grace truck out of the construction zone on the Throgs Neck Bridge when his vehicle collided with one operated by co-defendant Wright. Plaintiff had sued the TBTA claiming it had improperly designed and/or maintained the Maintenance Protection of Traffic Plan which had closed off various lanes of traffic permitting the joint venture to perform its work. TBTA had in turn impleaded the joint venture, which had designed and maintained the plan.Coordinating with TBTA's counsel throughout the litigation, especially at trial, we not only successfully defended and defeated plaintiff's claim that there was anything wrong with the Plan in its design or implementation, but we also prevailed upon the TBTA to waive its right to recover its legal fees despite its clear contractual right to do so. Napoli v Wright and TBTA v Grace/El Sol; Supreme Court, Queens County 10538/01 (December, 2005).

  • We obtained a defense verdict for an oral surgeon in a dental malpractice action brought by Maria Catalano in which part of a surgical instrument broke during oral surgery and remained in the plaintiff’s mouth following the surgery. This broken piece showed up on a post-operative x-ray, which the oral surgeon did not review. We were able to show, through expert testimony, that the oral surgeon was not under a duty to inspect the surgical instruments that were being used during the surgery. We contended that this was the duty of the assisting scrub nurse. We also defended the oral surgeon by showing that it is not the standard of care to require surgeons to read and review every single x-ray taken in connection with a surgery, and that it is customary for other doctors or residents to review such.  Supreme Court, New York County, Index No. 112328/02 (January 2005).

  • We obtained a defense verdict after an eight day trial in Supreme Court, Bronx County on a claim by an 89 year old woman that she was struck by our client's vehicle while walking in a crosswalk with her grandson who she was taking home from school.  Our client, Laboratory Corporation of America had a car and driver traveling a route in that area, picking up laboratory samples and delivering reports to doctors' offices.  The client's employee claimed he saw the plaintiff suddenly walk out into the crosswalk against a Don't Walk sign, that he swerved to avoid her and in fact never hit her and that it was her grandson who pushed her back causing her to fall on the pavement.  She suffered severe injuries including four fractures of her pelvis and a spinal injury that required surgery including a hemilaminectomy, extensive disability and continuing problems of pain and discomfort.  Extensive pre-trial investigation turned up a criminal record on the plaintiff, which was useful in challenging her credibility.  Post-trial motions to set aside the verdict were denied by the Court.  Evelyn Frank v. Laboratory Corporation of America, et al., Supreme Court, Bronx County, Index No. 7943/02 (October 2004).

  • In defending a construction management company against a claim by an injured ironworker in New Jersey, we successfully prosecuted a declaratory judgment action against the liability carrier for the plaintiff’s employer and secured defense and indemnity for our client as an additional insured.  Thereafter, we continued to represent the interests of the construction manager at the trial of the personal injury action.  The disabled plaintiff originally sought $1.9 million at the beginning of the trial.  After more than one week of trial, all defendants settled with plaintiff for $1.0 million. As a result of our successful risk transfer, our client’s general liability carrier did not contribute to the settlement.  Kovalik v. Brown & Perkins, United Crane Rental, Bovis Construction Corporation, Superior Court, Burlington County (NJ), Docket No. L-001517-01  (October 2004).

  • By citing the U.S. Supreme Court and numerous state courts’ interpretation of the Airline Deregulation Act of 1978, we obtained a directed verdict at trial in a New Jersey action in favor of our client, Federal Express Corporation, dismissing plaintiff’s claim for damages. Waitz v. Federal Express Corporation, Bergen County (NJ), Docket No. SC-2459-04 (August 2004)

  • Obtained a dismissal at trial in a personal injury action where plaintiff, a carpenter, claimed he was severely injured when a scaffold upon which he was working collapsed, causing him to fall approximately eight feet to the floor below. The Trial Court dismissed plaintiff's sole remaining Labor Law § 240 claim and all cross-claims against our construction manager client at the conclusion of plaintiff's case finding that plaintiff's work was not part of our client's contracted work at this project.  Plaintiff had previously settled against the other defendants for $1.475 million and a waiver of the substantial workers compensation lien.  John M. Coughlan and Nancy Coughlan v. Smithhaven Center Associates, L.L.C. et al.; Supreme Court, New York County, Index No. 101984/99 (July 2004).

  • Obtained a defense verdict in a personal injury action wherein a tractor-trailer struck the rear of an armored car in which the plaintiff was a passenger.  At trial, we were able to show, through expert and eyewitness testimony, that the vehicle in which the plaintiff was traveling as a passenger was in considerable disrepair and was operated at such a low speed on a major interstate as to create a dangerous situation.  Critical eye witness testimony and an engineering expert were used to prove the defendant driver did not have sufficient time to see, react and avoid the plaintiff’s vehicle.  Paul W. Bowden and Kim J. Bowden v. Russell B. Sanders, Stewart A. Farris, individually and as an employee and/or agent of J.B. Hunt Transport, Inc. and J.B. Hunt Transport, Inc., Federal District Court, Southern District of New York, Docket No. 02 Civ. 2107 (GAY), (June 2004).

  • Obtained a defense verdict at a trial in Bronx County at which an infant plaintiff claimed that he was caused to fall off his bicycle because of a broken area of concrete on an internal pathway at a Housing Authority development resulting in a fractured femur requiring two surgeries, an external fixator and three months in a wheelchair. Plaintiff presented evidence that showed NYCHA employees, including two supervisors pass by the area in question every day, yet no repair to the area was made. The infant's mother claimed the condition had existed for five years. Defendant NYCHA, however, argued that the accident did not occur at that location but rather on the public sidewalk some thirty feet away. In support of its position, NYCHA called two witnesses who plaintiff had listed as being present the night of the accident. Both witnesses testified that plaintiff had fallen from his bicycle on the public sidewalk and not, as plaintiff had claimed, on NYCHA property. The jury found that the infant plaintiff had fallen on the public sidewalk and dismissed the case against NYCHA, the only defendant. Henry Haskins, infant by his mother and natural guardian v. New York City Housing Authority; Supreme Court, Bronx County, Index No. 15080/99 (April 2004)

  • Confronted with a demand for PIP arbitration in New Jersey by a claimant with $700,000.00 in medical bills arising from a truck accident, we were able to stay the arbitration and bring an order to show cause seeking to deny coverage. At a hearing we argued the history of the No Fault statutes in New Jersey in relation to commercial vehicles and successfully obtained a judgment in our client’s favor denying the claim in its entirety and vacating the arbitration. Gulf Insurance Company v. Gram; Superior Court, Essex County (NJ), Docket No. L-9365-03 (March 2004).

  • Obtained a defense verdict in favor of our construction manager client  in a retrial of a labor law case wherein Plaintiff claimed he sustained a rotator cuff tear when he slipped and fell due to a debris condition at a construction jobsite. Plaintiff’s counsel asked the jury to award his client close to $2 million in damages. McKenna v. Lehrer McGovern Bovis, Inc.; Supreme Court, New York County, Index No. 12516/95 (February 2004).

  • The plaintiff suffered a serious leg injury requiring a surgical rod to be implanted.  Due to this injury the plaintiff alleged that he would never be able to work again.  Despite efforts to settle this case, the plaintiff insisted on having his day in front of a jury seeking a large cash award.  Evaluating the circumstances surrounding this case, our client's exposure potentially reached eight figures.  Through the arduous trial, we answered all of plaintiff's contentions and countered with arguments of our own.  In the end, the jury returned a verdict in favor of the plaintiff, but awarded damages totaling less than one quarter of the original demand.  Oniel Guy and Agatha Guy v. Kreisler, Burg & Florman and La Wenger Contracting, Supreme Court, New York County, Index No. 44402/99 (May 2003).

  • After a 10-day trial before a jury and Justice Stanley L. Sklar, we obtained a defense verdict in a dental malpractice action brought by Miriam Wahrman. Sup. Ct., N.Y. County, Index No. 101535/96 (March 2003).

  • In a dental malpractice action brought by Ann Duquesnay implicating close questions of informed consent, etc., jury returned a defense verdict. Sup. Ct., New York County, Index No. 122163/01 (March 2003).

  • Trip and fall on a drain cover which shifted underneath plaintiff’s foot. $750,000 demanded for torn meniscus followed by knee surgery. Defense verdict. Kevin Gaffney v. N.Y.C. Housing Authority, Sup. Ct., Bronx County, Index No. 20097/98 (February 2003).

  • Trip and fall in a tree well abutting a construction project in Manhattan. Plaintiff demanded $250,000 for fractured ankle, torn meniscus with surgery and torn rotator cuff. Defense verdict. Lucille Consolmagno v. Millennium Partners, Inc. and Lehrer McGovern, Inc., Sup. Ct., Kings County, Index No. 5193/97 (September 2002).

  • Plaintiff claimed a herniated cervical disc when she fell on a wet, mopped floor of the defendant’s premises. Defense verdict. Celestine Delrosario v. New York City Housing Authority, Sup. Ct., Bronx County, Index No. 025881/94 (May, 2002).

  • Dismissal of plaintiff’s complaint concerning negligent installation of kitchen cabinets where infant sustained scarring over the majority of the upper portion of his body, including his face. Edmanuel Perez v. New York City Housing Authority, Sup. Ct., Bronx County, Index No. 6157/01 (August 2001).

  • Obtained commitment to defense and indemnification for client in case involving plaintiff’s decedent’s fall of 12 stories to his death when an elevator platform dropped while he was testing it. The case subsequently resulted in a $10.4 million verdict. The client paid zero. Alvarez v. The New York Resource Center Condominium, Sup. Ct., New York County, Index No. 116146/99 (May 2001).

  • Represented the Dormitory Authority of the State of New York in a multi-party consolidated action brought by six plaintiffs involving “sick building syndrome” claims at a college campus. Plaintiffs alleged different injuries, different exposure periods, and different locations of alleged exposure in complex cases with significant investigative and research data. Collective settlement in the amount of $1.225 million with client contribution substantially reduced by the prosecution of insurance coverage claims to $52,000, with over 80% recovery of defense costs. Hatton v. TDX Construction, Sup. Ct., Richmond County, Index No. 134330/93, March 2001.

  • Settlement at trial at close of plaintiff’s evidence for $150,000 in a case involving a pregnant plaintiff who allegedly fell in the hallway of her apartment building because of water condition created by client’s employees by breaking a pipe while performing a repair. Plaintiff alleged the loss of her fetus as well as lumbar disc injuries and the loss of fetus claim was defeated at trial. Sanchez v. NYCHA, Sup. Ct., Bronx County, Index No. 40946/98, January 2001.

  • Settlement at trial for $900,000 without contribution by clients, plus recovery of substantially all defense costs expended in case, involving the plaintiff falling from a scaffold and sustaining multiple injuries, including a crush injury of the right foot. Trzinski v. Bankers Trust Company, Sup. Ct., New York County, Index No. 128643/94, November 2000.

  • Dismissal of plaintiff’s complaint concerning negligence action where injury consisted of spiral fracture of the tibia, fracture of the fibula, and shortening of the leg. Carlos Henry v. New York City Housing Authority, Sup. Ct., Bronx County, Index No. 15444/96, April 2000.

  • Defense verdict in case involving a three-story fall from an atrium escalator with significant facial injuries and leg fractures. Gabion v. Seaport Marketplace, Inc., Sup. Ct., New York County, Index No. 34330/93, February 2000.

  • $1.83 million verdict in case of 32-year old workman who fell 12 stories to his death on construction jobsite. Liability action of client against the responsible trade contractor was settled with 90% allocation to the trade contractor. Podbielski v. KMO-361 Realty Associates, Sup. Ct., Kings County, Index No. 2006/94, September 1999.

  • Dismissal by court at close of evidence in case involving maintenance worker who sustained gastrointestinal injuries when the handle of a snow plow he was using struck him in the abdomen when the plow hit a metal plate in the sidewalk. Kalaba v. City of New York, Sup. Ct., New York County, Index No. 3582/92, May 1999.

  • Represented building owner in damages trial involving 33-year old workman who fell through a floor opening sustaining multiple transverse process fractures and a herniated lumbar disc. The jury awarded only $164,939 in a case presenting a potential exposure of over $1 million. Najsarek v. 1854 Realty Corp., Sup. Ct., King County, Index No. 1483/98, December 1998.

  • Defense verdict in case involving a worker sustaining injuries by reason of a claimed water and sewage condition. Gropper v. St. Luke’s/Roosevelt Hospital Center, Sup. Ct., New York County, Index No. 20127/92, May 1996. This result was affirmed on appeal, Gropper v. St. Luke’s Hospital Center, 234 A.D.2d 171, 651 N.Y.S.2d 469 (2d Dep’t 1996).

  • Obtained 80% verdict against responsible contractors in case of workman sustaining complex fractures of the leg when a plank gave way while he was working in a stairwell. Obtained 50% coinsurance of 20% allocation of liability to the client with subsequent settlement in damages trial for $1.35 million, with the result that our client only paid $135,000. O’Keefe v. The City of New York, Sup. Ct., New York County, Index Nos. 1245/92 and 590906/93, May 1996.