Florina Altshiler's article, "Employing Generally Accepted Scientific Principles to Address False Eyewitness Testimony Through Trial," was published in the Stetson Journal of Advocacy and the Law, an online law review.
Josh Kardisch and Florina Altshiler Win Second Fourth Department Appeal In Same Labor Law § 240(1) C
In February, 2018, Josh Kardischwon the reversal of summary judgment for plaintiff in the Appellate Division, Fourth Department in Bonczar v. American Multi-Cinema, Inc., et al, 2018 NY Slip Op 00712 (4th Dept. 2018). The plaintiff claimed to have sustained injuries after falling from a ladder in a movie theater which defendant owned. The lower court granted plaintiff summary judgment on his claim for violation of Labor Law § 240 (1).
In a case involving a sheet metal worker who, while installing a ceiling duct cap, fell off an A-frame ladder after receiving an electrical shock from an overhead junction box, Josh H. Kardisch and Margaret Mazlin persuaded the Appellate Division, First Department, to reverse the lower court's summary determination of plaintiff's Labor Law §240(1) claim.
In Couverthier v. Prestige Properties et al., Bronx County Index No: 300478/14 the plaintiff slipped and fell due to insufficient lighting and ice in a shopping center parking lot. Our client last removed snow and ice from the premises one week prior to plaintiff''s accident. Pursuant to the snow removal contract the contractor had no duty to return to the property or to further inspect the parking lot after their work was completed and approved by the management company.
Lee-David Weiner Wins Summary Judgment On Behalf Of A Project Manager In A Trip And Fall On The Side
In Stakey v. Town of Riverhead et al. Suffolk County Index No: 15-00089 the plaintiff tripped over plywood boards covering a sidewalk that was being repaired as part of larger renovation of a shopping center.
In Caesar v. The City of New York and Hakimi Hardware, New York County Index Number 160620/2016 the plaintiff claimed that she fell in a hole on the sidewalk in front of our client''s hardware store. However, plaintiff''s deposition testimony and the photographs plaintiff marked at her deposition established that she stepped into a hole on the curbstone and not the sidewalk.
Catherine J. Fiorentino recently won summary judgment in a case involving an electrician who fell from a ladder, earning a dismissal of all claims against the defendants, including plaintiff''s Labor Law 240(1), 241(6) and 200 claims
Matthew J. Shock Wins Summary Judgment on Behalf of Tenants for Alleged Defective Sidewalk Outside Premises
Matthew J. Shock successfully obtained summary judgment dismissing all claims against the Firm''s client, a commercial tenant, alleged to have been responsible for a defective sidewalk outside the premises.
The Firm successfully obtained summary judgment dismissing all claims against our client, the plaintiff''s employer, on the date of plaintiff''s accident. Plaintiff alleged that he was seriously injured after tripping and falling at a construction site in the course of his employment. The owner, tenant, and general contractor sought contractual indemnity from our client.
Plaintiff Claims She Tripped and Fell Over an Extension Cord in Defendants' Basement - Defense Verdict
David Gould obtained a unanimous liability defense verdict in Supreme Court Suffolk County before Justice Martha L. Luft, Piazza v. Zito, Index No.: 605403-16.
On January 9 2019, upon oral argument, Marie Castronuovo successfully defeated plaintiff''s summary judgment motion against defendant on liability in a sidewalk case in Kings County. In Jacobs v. Bnei Chail Trust plaintiff alleged to have fallen on a tripping hazard of greater than 1/2 in violation of NYC Administrative Code § 19-152.
On February 1, 2019, the Fourth Department issued a Decision in the matter of Flowers v. Harborcenter Development, LLC, et al., Docket No. CA 18-00261; Index No.: 802298/15, vacating $1.6 million of a $1.8 million jury verdict against our client, the defendants in this Erie County Labor Law 240 (1) case. Plaintiff, a construction site laborer, alleged that he was struck on and about the head by a load of rebar which he had bound together, and which a crane was hoisting with his guidance.
David Gould obtained a unanimous liability defense verdict in Supreme Court Nassau County before Justice Arthur Diamond, Casale v. The Estate of Edith Marksohn, Index No.: 601097-16.
Theresa Villani successfully argued the appeal in Salinas v. World Housewares, et al. before the Appellate Division First Department which unanimously affirmed the Supreme Court New York County decision granting summary judgment and dismissing the plaintiff's complaint in its entirety.
Marcin J. Kurzatkowski Obtains Summary Judgment in Alleged Slip and Fall on Snow/Ice Case in Bronx Case
On October 10, 2018, Marcin J. Kurzatkowski obtained summary judgment on behalf of our client in the Nakia Scott v. Euro-Spek, LLC, et al. matter in the Supreme Court - Bronx County.
On June 29, 2018,Marcin J. Kurzatkowsk iobtained summary judgment on behalf of our client in the Carrin Quin and Joseph Quin v. Thomas Costa, et al. matter in the Supreme Court - Orange County.
On September 28, 2018, Marcin J. Kurzatkowski obtained summary judgment on behalf of our client in the Sabrina Lee v. The City of New York, et al. matter in the Supreme Court - Kings County.
The Firm recently won summary judgment in a trip and fall case, securing a dismissal of all of plaintiff''s claims with prejudice against our client, a private landowner that owned the abutting sidewalk where plaintiff was allegedly injured. Plaintiff claimed that he tripped and fell in a snow-covered city-owned tree well on New Year''s Day 2011. Throughout the litigation, plaintiff argued that it was the snow condition--and not the tree well--that caused plaintiff''s accident.
The Firm obtained summary judgment on behalf of our client, a large national retail corporation, in a lawsuit commenced by a worker who allegedly sustained millions of dollars in damages due to an accident at a construction site. Even though our client, as owner of the premises, could have been held vicariously liable pursuant to 241(6) of the Labor Law, we were able to convince the Court, at oral argument and in motion papers, that our client could not be held liable to the plaintiff or any party, under any theory of liability.
On, May 21, 2018, Fallon Mulerman-Orer won summary judgment dismissing Plaintiff''s Complaint against our client in the case of Hilda Ysolina Gramajo De Flores v. Julia Daniels and Lee Rodriguez, Index No. 600680/2015 (Supreme Court, Nassau County).