August 2009, Newsletter, Cases and Outcomes
Plaintiff used an affirmation from a doctor no longer licensed in New York in an effort to defeat our motion for Summary Judgment
The Court granted our motion in Brown v Aviles , Supreme Court, Suffolk Co (Molia, J.) for summary judgment on threshold. The court found that we sustained our burden of establishing a prima facie case of entitlement to a dismissal on threshold grounds based on Dr. Khachadurian’s medical reports and examinations finding no evidence of spasm or loss or lordosis and full range of motion on the part of the plaintiff’s spine. The plaintiff’s testimony was stressed in the motion sense it supported our position that she had not suffered a serious injury...Read Full Article
Cases dismissed on Service and Statute of Limitations Issues
The pitfalls that face plaintiff in the use of service upon the Secretary of State for a non-resident who is in an accident on a New York roadway are great. In Calloway v Wells, Supreme Court, Westchester Co. (Leibowitz, J) the court dismissed a case against our client Nakia Wells who was a resident of Pennsylvania. The plaintiff served Ms. Wells at her former address in Kissimmee Florida...Read Full Article
Landlord does not have common law duty to install radiator covers at properties where children live.
Utkan v Szula, ____ AD3rd____ (2d Dept, 2009) Slip Opinion 01794 the plaintiff alleged that an exposed radiator in the apartment owned by the defendant-landlord burned the infant plaintiff. The plaintiff attorney argued that the defendant was aware that there were children residing in the apartment. The defendant also knew that the radiators where uncovered or exposed. The plaintiff’s mother had requested that the landlord install radiator covers...Read Full Article