Co-defendant was awarded summary judgment on the issue if liability in this motor vehicle accident. The Appellate Division reversed. Plaintiff was a passenger in defendant’s vehicle. Defendant testified that an unknown speeding vehicle cut him off, causing him to veer into the right lane, and then onto the shoulder to avoid a collision. Defendant’s vehicle […]
March 29, 2022
In this rear-end motor vehicle accident case, after plaintiff rested their case at trial, defendant moved for directed verdict pursuant to CPLR 4401, which was granted by the trial court. The Appellate Division affirmed.At trial, plaintiff testified that the vehicle he was driving was struck in the rear. However, plaintiff did not remember who struck […]
Plaintiff's moved pursuant to CPLR 5015(a)(1) to vacate an order granting defendant's unopposed motion for summary judgment on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d). The Appellate Division affirmed. “On appeal, the defendant does not contest the Supreme Court's determination that the plaintiff established a reasonable excuse […]
In this multiple fatality case, commercial co-defendant’s motion for summary judgment was denied, and plaintiff’s motion was granted, finding all defendants liable as a matter of law. The Appellate Division affirmed. Plaintiffs’ decedent was a passenger in defendant’s vehicle, when the vehicle collided with co-defendant’s garbage truck, which was travelling in the oncoming direction and […]
March 27, 2022
Defendant’s motions pursuant to CPLR 3211(a) to dismiss the cause of action based on breach of fiduciary duty were denied in this CVA action. The Appellate Division reversed, and granted dismissal. A cause of action for damages for breach of fiduciary duty must be pleaded with particularity under CPLR 3016 (b). Two essential elements of […]
After a jury trial, plaintiff moved to set aside the verdict pursuant to CPLR 4404(a), or alternatively for additur, and plaintiff’s motion was denied. The Appellate Division affirmed.Following a jury trial, plaintiff was found to have suffered a permanent consequential limitation of use of a body function, organ, or member and awarded $50,000 for 4 […]
March 27, 2021
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 […]
Commercial contractor co-defendant appealed from decision, which granted plaintiff's motion pursuant to CPLR 5015(a) to vacate a prior order granting co- defendants summary judgment, and granted reargument to ultimately deny co-defendant’s motion for summary judgment to dismiss claims based on respondeat superior. The Appellate Division affirmed. Plaintiff was a sidewalk pedestrian who sustained personal injuries, when co-defendant’s […]
March 27, 2020
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 26, 2020
Congratulations to Keri Wehrheim and Gerard Ferrara for securing an important ruling in this case, which reaffirms the principle that distinct claims stemming from unrelated accidents must be litigated independently unless substantial overlap in facts or legal issues exists. The decision, authored by Hon. Betsy Barros, Hon. Joseph J. Maltese, Hon. Paul Wooten, and Hon. […]
July 21, 2025
In this action for false arrest, abuse of process and defamation, defendant’s motion for dismissal pursuant to CPLR 3211(a)(7) was granted. The Appellate Division affirmed.“A plaintiff cannot prevail on causes of action based upon false arrest [and] false imprisonment … if the arresting officers had probable cause to believe that [the plaintiff] committed the underlying […]
March 26, 2015
Defendant was awarded summary judgment on the issue of liability in this action involving personal injuries from a motor vehicle accident. The Appellate Division affirmed. While travelling on an exit ramp off Grand Central Parkway, defendant was suddenly and without warning cut off. Defendant braked hard and swerved, avoiding a collision with that vehicle, but […]
After a jury trial, plaintiff moved to set aside the verdict pursuant to CPLR 4404(a), or alternatively for additur, and plaintiff’s motion was denied. The Appellate Division affirmed.Following a jury trial, plaintiff was found to have suffered a permanent consequential limitation of use of a body function, organ, or member and awarded $50,000 for 4 […]
March 27, 2021
Defendants and co-defendant Town were awarded summary judgment dismissal in this slip and fall case. The Appellate Division affirmed.Plaintiff alleged she tripped and fell due to a raised sidewalk flag adjacent to property owned by defendants, and located in co-defendant Town. “Generally, liability for injuries sustained as a result of negligent maintenance of or the […]
March 26, 2015
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, 1998
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 […]
July 21, 2025
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 was denied in this personal injury and wrongful death action. The Appellate Division reversed, and dismissed the action against defendant-passenger...
March 25, 2011
