Congratulations to Keri Wehrheim for securing an important procedural victory before the Appellate Division, Second Department. This case reinforces the strategic use of CPLR 3216 to dismiss stale claims, ensuring that defendants are not prejudiced by a plaintiff’s failure to prosecute. The decision was rendered by Hon. Dillon, Hon. Brathwaite Nelson, Hon. Ford, and Hon. […]
July 21, 2025
Congratulations to Keri Wehrheim for successfully securing an important procedural win before the Appellate Division, Second Department. This decision reaffirms the rigorous standards of the relation-back doctrine and the necessity of timely notice for new defendants in Child Victims Act (CVA) cases. The ruling was rendered by Hon. Hector D. LaSalle, Hon. Angela G. Iannacci, […]
Congratulations to Keri Wehrheim and Gerard Ferrara for successfully affirming the dismissal of all claims against our client, Robert and Ann Elsasser, Inc., in the Appellate Division, Second Department. This decision reinforces the principle that compliance with local rules governing commercial vehicle operations can serve as a strong defense against negligence claims. The case was […]
Congratulations to Keri Wehrheim for successfully demonstrating on appeal that the lower court erred in its interpretation of the law, securing a reversal in favor of Mapfre Insurance Company. This victory clarified the nuanced application of insurance exclusions and affirmed the importance of a thorough analysis of intent and policy language. The case was heard […]
Congratulations to Gerard Ferrara for successfully opposing the plaintiffs' motion for summary judgment in this case. This ruling reinforces the importance of addressing potential triable issues of fact, particularly in disputes involving serious injury under Insurance Law § 5102(d). The case was heard before Hon. Francesca E. Connolly, Hon. Joseph J. Maltese, Hon. Paul Wooten, […]
July 17, 2025
Defendants were granted summary judgment in this declaratory judgment action, finding Mapfre Insurance was obligated to defendant and indemnify insured defendants. The Appellate Division reversed, and summary judgment was denied. Separate Respondents were involved in an altercation outside a bar, in which insured Respondent struck Co-respondent in the head with a baton. Co-respondent commenced a […]
March 29, 2023
Defendant’s motion for summary judgment pursuant to Insurance Law § 5102(d), was granted. The Appellate Division affirmed...
July 26, 2022
Defendant’s motion for summary judgment was granted in this slip and fall case. The Appellate Division affirmed. Plaintiff alleges injury after falling on ice in a NYC parking lot owned by defendant. “Generally, a contractual obligation, standing alone, will not give rise to tort liability in favor of a third party… However, a party that […]
March 29, 2022
Defendant was awarded summary judgment on the issue of liability in this motor vehicle accident. The Appellate Division affirmed. Plaintiff was riding his bicycle, when he made a left turn and struck defendant. "With few exceptions not relevant in this case, a person riding a bicycle on a roadway is entitled to all of the […]
Third-party defendant’s motion for summary judgment was denied. The Appellate Division affirmed. Differing versions as to how the motor vehicle accident occurred, and conflicting testimony raised issues of fact as to proximate cause. Defendant alleged observing third-party defendant repeatedly changing lanes and speeding.
Plaintiff’s motion for summary judgment was denied in this motor vehicle accident, involving defendant who was a volunteer firefighter responding to a fire at the time of this accident...
March 26, 2013
Defendant’s motion for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) was denied...
March 25, 2005
Congratulations to Gerard Ferrara for successfully affirming the dismissal of the amended complaint against defendant, Tana T. Piccirillo. This decision underscores the importance of demonstrating sole proximate cause in vehicle collision cases and highlights the firm’s effective appellate advocacy. The case was heard in the Appellate Division, Second Department, before a panel including Hon. Betsy […]
July 21, 2025
Defendant’s motions for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) were granted. The Appellate Division affirmed.
March 29, 2011
Defendant’s motion for summary judgment pursuant to Insurance Law § 5102(d), was granted. The Appellate Division affirmed...
July 26, 2022
Defendant moved to dismiss the action as abandoned, pursuant to CPLR 3215, when plaintiff failed to seek a default judgment within 1 year of default. The lower court denied defendant’s motion, and the ...
March 25, 1997
Defendant’s summary judgment motion on the issue of liability, involving invocation of the emergency doctrine, was granted. The Appellate Division affirmed. Plaintiff alleges injury from a motor vehicle accident, when co-defendant’s vehicle crossed a double yellow line, struck plaintiff's vehicle head on in the opposing lane of traffic. The impact pushed plaintiff's vehicle backwards, into […]
March 27, 2021
Plaintiff was awarded summary judgment on the issue of liability in this motor vehicle accident. The Appellate Division reversed. While defendant was attempting to make a right turn at the subject intersection, he struck plaintiff’s vehicle, which was parked in the parking lane. However, defendant testified plaintiff was parked entirely within the crosswalk. "[A] violation […]
March 26, 2016
Congratulations to Keri Wehrheim for successfully securing an important procedural win before the Appellate Division, Second Department. This decision reaffirms the rigorous standards of the relation-back doctrine and the necessity of timely notice for new defendants in Child Victims Act (CVA) cases. The ruling was rendered by Hon. Hector D. LaSalle, Hon. Angela G. Iannacci, […]
July 21, 2025
Defendant denied permissive use in this motor vehicle accident, but summary judgment was denied. The Appellate Division reversed...
March 25, 2006
