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Russo & Gould News

February
2024

Jeremy Berman Gets A Restraining Notice Vacated

In Colonial Funding Network, Inc. v. Swift Health Care, Inc., et al., Index 654647/2016, Supreme Court, New York County, Jeremy Berman secured an order vacating a restraining notice on a company''s bank account and vacating an approximately 6-year-old default judgment upon which the restraining notice was based.



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February
2024

David Gould Scores A Double Defense Verdict In Supreme Court Suffolk County

David Gould obtained a unanimous defense verdict in the Lenin A. Mejia and Ellen J. Mazariegos v. Mary Taylor and Brian C. Taylor case, Supreme Court Suffolk County Index Number 618336/2019 before Judge Alita V. Fields on February 16, 2024.



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January
2024

Cecil Floyd and Audrey Medd Win Unanimous Defense Verdict

Partner, Cecil Floyd, Esq. and Senior Associate Attorney, Audrey D. Medd, Esq. recently were awarded a unanimous defense verdict in the matter of PUE, JAMES L. Et Al v. JIMMIE'S, INCORPORATED, NNH-CV21-6111850-S, venued in New Haven Superior Court, in the State of Connecticut and tried before Judge Karen Goodrow.



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January
2024

CT Brewer's Guild Convention

On January 8, 2024, our Senior Associate, Audrey D. Medd, Esq. had the honor of presenting an educational class to the members, staff and employees of Connecticut Craft Breweries at the Connecticut Brewer''s Guild 2024 Convention.



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December
2023

David Gould And Charlie Popp End The Year With A Defense Verdict On Liability In The Bronx On A Trip And Fall Case

David Gould and Charlie Popp got a unanimous defense verdict on liability in the Supreme Court Bronx County before Judge Naita A. Semaj in the Julia Lopez v. Liljana Holding Corp. case, Index Number 24825-17. The plaintiff claimed to have injured her right ankle, right knee, left shoulder and back as a result of trip and fall on a defective sidewalk in front of Liljana Holding Corp.''s rental building located on Arthur Avenue in the Bronx on September 6, 2016.



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November
2023

Jillian Oliff gets a Defense Verdict on Liability in Kings County Supreme Court

Congratulations go out to Jillian Oliff who received a defense verdict before Judge Richard Velasquez in Supreme Court Kings County on the Eddie McDonald v. Sumit Kochar Case, Index Number 504385/2016



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October
2023

Not So Scary Halloween Fun at RG

Staff and attorneys participated draw your pumpkin contest at a luncheon. The winners left to right to right were Rona 1st place, Duana 2nd place, and Cindy and Christian shared 3rd place.



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October
2023

David Gould and Jillian Oliff Get A Unanimous Defense Verdict On Damages In Supreme Kings

Congratulations go out to David Gould and Jillian Oliff who received a unanimous defense verdict before Judge Aaron Maslow in the Supreme Court Kings County on the Ihor Verhalyuk v. Matthew Gonzalez and Legends Limo NYC Case, Index Number 512762/18.

By David S. Gould

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October
2023

Trishe Hynes Wins Summary Judgment Motion

Congratulations go out to Trishe Hynes who was assigned a rather wonky real property action against the insured, Josephine Tufel, the owner of her condominium unit.



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August
2023

Charles Stokes and Trishe Hynes Successfully Move for Dismissal of Insurance Bad Faith Claim in Federal Court



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June
2023

John Komar Wins Defense Verdict in Kings County

On June 6, 2023, John Komar obtained a defense verdict on a summary jury trial in Adams v. Irizarry, et al. (Kings County, 501134/18)



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June
2023

Cecil Floyd Wins a Liability Defense Verdict in King County

On June 1, 2023, Cecil Floyd won a liability defense verdict in the case of Altagracia Vargas v. Michael Dolphin in Civil Court, Kings County, Index No.: 300089/2020 before Hon. Heela Capell. Plaintiff claimed to have sustained personal injuries from a slip-and-fall on ice on the exterior steps of defendant''s premises at 11:00 a.m. on December 31, 2013.



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May
2023

Court of Appeal Affirms Jury Verdict for Defense in Fall Off of a Ladder Case Premised Upon Sole Proximate Cause

In the matter of Bonczar v. AMC Theaters, the plaintiff filed suit claiming violations of Labor Law 240(1) after he fell from an A-Frame ladder he was using to install a smoke detection system. At his deposition, the plaintiff was equivocal on the issue of whether he had checked the ladder to ensure that it was locked in place when he ascended it prior to his fall, admitting that he may not have done so.



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May
2023

Jury Dispenses Delivers Swift Justice by Rendering a Defense Verdict on Damages in Under One Hour - Alexandra Jacques v. Thomas Joseph Oliveri and Stephen J. Oliveri

David Gould obtained a unanimous defense verdict in the Supreme Court, Nassau County, before Judge Catherine Rizzo in the Alexandra Jacques v. Thomas Joseph Oliveri and Stephen J. Oliveri case, Index Number 608950-20. The plaintiff, a 52-year old Nurses Aide at Northwell Hospital, was the driver of an SUV that was stopped in traffic on the Southern State Parkway in Nassau County when the defendant, Thomas Joseph Oliveri who was 17-years old at the time of the accident, made contact with the rear of her vehicle. The case was tried solely on damages regarding whether the plaintiff sustained a "serious injury". The plaintiff underwent a right knee and right shoulder arthroscopy within four months of the accident. One of the plaintiff''s orthopedic medical experts testified that in his opinion that she will require future cervical and spinal fusion surgeries at a cost of $150,000.00 each. Mr. Gould argued that the impact was merely a minor fender bender and thus it was not the proximate cause of her past surgeries as well as any surgeries that might occur in the future.



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May
2023

Kevin Horbatiuk wins a verdict in favor of our clients after a trial on liability in Queens County, Supreme Court

On April 28, 2023 Kevin Horbatiuk won a verdict in favor of our clients after a trial on liability in Queens County, Supreme Court in the case of El Hassan vs Munoz Trucking Corporation and Maria Theresa Corral.

By Kevin G. Horbatiuk

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April
2023

David Gould and Svitlana Astakova Get A Unanimous Defense Verdict on Liability and Damages

David Gould and Svitlana Astakova obtained a unanimous defense verdict in the Civil Court Queens County before Judge Alan J. Schiff in the Pierre Laine v. Iga Trojanowski, Jean Dorismond and Harold Almonor case, Index TS-350535/19.

By David S. Gould

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January
2023

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.



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January
2023

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.



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December
2022

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.



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December
2022

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.

By Alan S. Russo , Florina  Altshiler

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