Marie Castronuovo Wins Summary Judgement - Laura Marks v. Lessings, Inc.
On January 9, 2023, Marie Castronuovo''s motion for summary judgment was granted on behalf of our client in the case of Laura Marks v. Lessings, Inc. This case involved a plaintiff who fell down exterior steps at Whitby Castle, claiming the steps were visually confusing. To establish that the steps were not visually confusing Ms Castronuovo presented the Court with the photos of the steps marked at plaintiff''s deposition which depicted various shades of gray on each step, and a darker landing as well as a white framed threshold. She also argued that plaintiff''s expert failed to identify a Building Code violation and admitted that the steps were well lit. Plaintiff opposed the motion, arguing that the steps were an optical illusion and required a mid-handrail. This was rebutted by Ms. Castronuovo who argued that plaintiff''s expert''s opinion only provided suggestions for making the steps safer and did not identify any Building Code requiring a mid-handrail. She further cited to plaintiff''s testimony that she was looking straight ahead as she exited the building, instead of down at the staircase.
Marie Castronuovo Wins Summary Judgement - Brian Crosby v. AJA Turnpike et al
On January 3, 2023, Marie Castronuovo''s motion for summary judgment was granted on behalf of our clients in the case of Brian Crosby v. AJA Turnpike et al. Ms. Castronuovo moved for a dismissal of plaintiff''s Labor Law 200, 240 and 241 claims against various Sonic entities. Plaintiff opposed the motion, arguing that there was an agency relationship between the Sonic entities and the owner of the property and the general contractor on the job. Judge Frank Nervo agreed with Ms. Castronuovo''s argument that no agency relationship existed and that the Sonic entities were not subject to the Labor Law.
25 Years and Counting - Reflecting on a Wonderful Anniversary Year
25 Years and Counting - Reflecting on a Wonderful Anniversary Year What a fantastic 25th year we had at Russo & Gould! Thank you to our clients and friends for your continued support these 25 years. We enjoyed a busy year; below are some highlights that we wanted to share.
Russo & Gould Article on Exposure and Pitfalls for Contractors, Owners, and Subcontractors
Russo & Gould recently published an article in Building Western New York, the official publication of the Construction Exchange of Buffalo & WNY, Inc., entitled "Russo & Gould LLP Provides Overview of Exposure and Pitfalls for Contractors, Owners, and Subcontractors." The article discussed the legal and financial burdens that New York''s rigid labor laws can place on owners and general contractors when accidents occur on job sites, offering several suggestions for protecting against financial liability exposure.
Congratulations to our Senior Associate, Audrey Medd on Another Terrific Win for a Connecticut Russo & Gould Client
In Jackson v. 61 Warwick, LLC, et. al. Audrey secured a judgment without trial for our client in an action where plaintiff alleged mold issues in her apartment caused significant injuries. Audrey successfully challenged the legal sufficiency of the plaintiff''s Complaint through a Motion to Strike. Specifically, Audrey argued that the plaintiff could not maintain a cause of action under Connecticut General Statutes § 47a-7. After argument, Honorable James Abrams, in his well-reasoned decision, agreed with Audrey and held that "[t]he statute itself does not create a private cause of action for the tenant in the event the landlord violates any of the multiple requirements contained in Gen. Stat. § 47a-7," and struck plaintiff''s Complaint in its entirety.
John Komar Gets a Defense Verdict in Brooklyn
John Komar obtained a defense verdict on a summary jury trial in the Supreme Court Kings County before Judge Francois A. Rivera in the Jorge Garcet v. Renan Cantos Bermeo case, Index Number 510873/18. The plaintiff claimed that his lumbar discectomy with spinal fusion surgery and arthroscopic knee surgery was caused by the defendant''s negligence arising out a car accident on August 21, 2017.
David Gould Wins A Motor Vehicle Accident Case On Liability in Supreme Court Suffolk County - Jury Renders Their Verdict In 33 Minutes
David Gould Wins A Motor Vehicle Accident Case On Liability in Supreme Court Suffolk County - Jury Renders Their Verdict In 33 Minutes.
Florina Altshiler Helping Ukrainian Refugees in Poland
Thank you to our partner Florina Altshiler, who is in Poland this week working with Ukrainian refugees. Florina is helping families in their resettlement efforts, and is also doing what she can to help with other needs - English lessons for adults and art lessons for children. Every little bit helps.
NYPL Section 265.03(3), Criminalizing the Possession of a Weapon, is Unconstitutional. Here's How Defense Attorneys Can Fire Back.
Buffalo Police pull a vehicle over. The license plate is out of state. Officers approach and inform three African Americans inside a turn signal was missed. The driver has a prominent neck tattoo. He presents his Learner's Permit. The front-seat passenger, his girlfriend, presents her driver's license and paperwork for the just-purchased, out-of-state vehicle. The officers walk back to their patrol car. On a body camera, one officer can be heard saying, "They have a gun. I just know it. We need a reason to search." Quickly, an officer realizes that the young lady's driver's license is expired, making the learner's permit insufficient. "Yes, we got 'em," exclaims an officer. "We have our reason to search."
Kevin Horbatiuk Spends Day with Heroes on the Hudson
Russo & Gould Partner Kevin Horbatiuk spent his weekend on the Hudson River with Heroes on the Hudson and the Wounded Warrior Project. Kevin and members of NYC Kayak Clubs helped provide a day of fun on the water to former servicemen and servicewomen. All enjoyed a beautiful day of kayaking, sailing, and being together.
Audrey Medd Wins Judgment of Nonsuit
Congratulations to Senior Associate, Audrey D. Medd who secured a Judgment of Nonsuit against Plaintiff for her client which effectively dismissed the Plaintiff''s Complaint. Plaintiff now faces a difficult battle in the next four months if she decides to move to open the judgment as it is up to the Court''s discretion.
How Would the Grieving Families Act Affect Litigation in NYS?
The New York State Assembly and the New York State Senate have passed Bill S74A, known as the Grieving Families Act. NYS Gov. Kathy Hochul''s signature is the remaining last step to turn it into law. If signed into law, it will be the first update to New York''s wrongful death statute in more than 150 years.
Marie Castronuovo Wins Summary Judgment in Two Cases
Congratulations to our partner, Marie Castronuovo, on winning summary judgment in two different cases for Pritchard Industries. The first case, Mamadou Camara v. Boston Properties and Pritchard Industries, was venued in NY County. It involved a slip and fall on a loading dock ramp at the building owned by Boston Properties where Pritchard was the janitorial service provider. The second case, Theresa Nuovo v. 100 Wall Realty v. Pritchard Industries, was venued in Westchester County, and also involved a slip and fall. The plaintiff fell on weather mats in the lobby of 100 Wall Street during an active rain event. The evidence revealed that the lobby mats were in place, but the plaintiff argued they were insufficient and improperly configured with a two-foot space between two mats that caused her to fall when she stepped off one mat to get to the other.
Trishe Hynes Wins Summary Judgment for Russo & Gould Client
Associate Trishe Hynes won summary judgment for our client in the matter of Califano v. Westley, Index No. 607554/2019. The plaintiff was seeking $150,000 on this claim, in which he had a litany of prior injuries. Trishe argued that he was unable to meet the serious injury threshold, as all of his injuries were pre-existing and not causally related to the subject accident.
Florina Altshiler on Pro Bono Honor Roll for WDNY
We are proud to share that our partner, Florina Altshiler, was named to the Pro Bono Honor Roll for the Western District of New York. Providing pro bono representation to litigants in civil cases is part of WDNY''s history. Each year, the Court releases their honor roll, thanking the attorneys for their service.
Florina Altshiler Featured in Mediator Spotlight for Western District of New York
Our partner Florina Altshiler was selected as July''s featured mediator in the monthly mediator spotlight for the Western District of New York. Each month, the court features mediators from different panels. This helps members of the bar become familiar with the mediators available to them.
David Gould Gets Another Verdict in Under 20 Minutes
David Gould does it again, this time in a case before Judge John Katsonis in the Queens County Civil Court. The plaintiff in the case was a driver in a two-car collision in December 2014, in Nassau County. The only issue to be decided was whether the plaintiff established a "serious injury." She claimed that she sustained a herniated disc in her neck and bulging discs in her back as a result of the accident. David argued that the impact was so slight that it could not have caused the injuries she claimed. The jury deliberated for all of 19 minutes and rendered a unanimous defense verdict holding that she did not sustain a "serious injury."
Audrey Medd Wins Favorable Settlement in Federal Court in Connecticut
Congratulations to our Senior Associate, Audrey D. Medd for achieving a favorable settlement for our clients in a highly contentious matter. In this case, venued in the Federal Court, District of Connecticut, plaintiffs alleged housing code violations, including mold and other toxic contaminant exposure which plaintiffs alleged caused serious injuries and demanded an amount in excess of seven figures. After filing Motions to Dismiss and attending a grueling half day mediation with Federal District Judge Vatti, the parties settled the matter for an undisclosed amount, well under the plaintiffs'' demand.
David Gould to Present on Defense of Bad Faith Claims
Bad faith law in New York has rarely been more relevant. David Gould will present a CLE program on best practices in the defense of bad faith claims at a New York State Bar Association CLE program on May 24. The program will explore the current state of Bad Faith law in New York, the impact of recent decisions, ethical considerations, the proposed legislation, and practice tips.
Russo & Gould Attorneys Included in 2022 Super Lawyers and Rising Stars
We are proud to share that five of our attorneys have been named 2022 Super Lawyers and Rising Stars in the NY Metro area and Upstate New York! This is a distinction reserved for a select group of attorneys - only five percent per state are named to Super Lawyers and 2.5 percent named to Rising Stars each year. Please join us in congratulating our colleagues on this honor.