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Scahill Law Group Appeals

Found 74 Results
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Nasca v. Sgro, 130 A.D.3d 588 (2d Dept 2015)


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


Ming v. Grossman, 133 A.D.3d 742 (2d Dept 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 […]


Maya v. Town of Hempstead, 127 A.D.3d 1146 (2d Dept 2015)


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 […]


Smith v. Pottery King, 125 A.D.3d 753 (2d Dept 2015)


Defendant’s motion for dismissal pursuant to CPLR 3211(a)(7) was denied. The Appellate Division reversed.Co-defendant was the driver for commercial co-defendant, and an employee of a corporation in which defendant was a principal. Co-defendant struck plaintiff’s vehicle, while driving in the scope of his employment. Plaintiff brought suit against commercial defendant, and subsequently brought claims directly […]


Joaquin v. Franco, 116 A.D.3d 1009 (2d Dept 2014)


Defendant was granted summary judgment on the issue of liability in this motor vehicle accident, wherein the evidence reflected the defendant was travelling under the control of a green traffic light...

March 26, 2014


Joseph v. Simmons, 114 A.D.3d 644 (2d Dept 2014)


Plaintiff’s action was dismissed on default. Plaintiff’s motion to renew was granted, and the action reinstated. On appeal, the Appellate Division reversed...


Sciafla v. Roman Catholic Church of Our Lady of Hope, 116 A.D.3d 690 (2d Dept 2014)


Defendant parking lot owner moved for summary judgment, which was denied. The Appellate Division reversed. Plaintiff alleged injuries after being struck by a vehicle in the parking lot. The Appellate Division found defendant had proved that the sole proximate cause of the accident was the negligence of the driver that struck the plaintiff.


Bajada v. Spector, 119 A.D.3d 622 (2d Dept 2014)


Defendant’s motion for summary judgment was denied in this action involving injuries from a motor vehicle and bicyclist accident.  The Appellate Division reversed...


Desthers v. Espinal, 121 A.D.3d 1035 (2d Dept 2014)


Defendant’s were awarded summary judgment, dismissing plaintiff’s claims of injury pursuant to General Municipal Law § 205.  The Appellate Division affirmed...


Clemente v. Interboro Ins. Co., 115 A.D.3d 699 (2d Dept 2014)


Defendant moved to compel disclosure pursuant to CPLR 3124 of documents in this breach of an insurance contract action was denied...


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Scahill Law Group Appeals

Found 74 Results
Page 4 of 8

Jung Hee Lee v. Viera, 145 A.D.3d 674 (2d Dept 2016)


Defendant was awarded dismissal pursuant to CPLR 3211(a)(5), on the basis of res judicata.  The Appellate Division affirmed. Due to plaintiff's repeated failure to comply with court-ordered discovery, a conditional order of preclusion was issued.  Plaintiff again failed to comply, and defendant moved for summary judgment which was granted.  The court held plaintiff's failure to […]

March 26, 2016


Joseph v. Simmons, 114 A.D.3d 644 (2d Dept 2014)


Plaintiff’s action was dismissed on default. Plaintiff’s motion to renew was granted, and the action reinstated. On appeal, the Appellate Division reversed...

March 26, 2014


Joseph v. Kelly, 178 A.D.3d 1028 (N.Y. App. Div. 2019)


Co-defendant’s motion for summary judgment on the issue of liability was granted in this motor vehicle accident case.  The Appellate Division reversed. Plaintiff was operating a school bus, when the bus was involved in a three-vehicle accident.  Co-defendants moved for summary judgment on the issue of liability and serious injury within the meaning of Insurance Law […]

March 27, 2019


Joseph v. Interboro Ins. Co., 144 A.D.3d 1105 (2d Dept 2016)


Defendants were awarded summary judgment in this breach of an insurance contract action.  The Appellate Division affirmed. Prior to purchasing residential property in Brooklyn, plaintiffs' mortgage broker informed them they needed insurance. On plaintiffs' behalf, the mortgage broker contacted co-defendant insurance broker, to procure homeowners' insurance based on representations plaintiffs made in their loan application […]

March 26, 2016


Joaquin v. Franco, 116 A.D.3d 1009 (2d Dept 2014)


Defendant was granted summary judgment on the issue of liability in this motor vehicle accident, wherein the evidence reflected the defendant was travelling under the control of a green traffic light...

March 26, 2014


Jeansimon v. Lumsden, 92 A.D.3d 640 (2d Dept 2012)


Defendant’s motion for summary judgment was denied in this slip and fall case.  The Appellate Division reversed...

March 25, 2012


J.D. v Roman Catholic Diocese of Brooklyn, 203 A.D.3d 880 (2d Dept 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 […]

March 27, 2022


Irizarry v. Lindor, 110 A.D.3d 846 (2d Dept 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 granted.  Plaintiff moved to reargue, which was granted, and upon re-argument, vacated the award of summary judgment to defendant...

March 26, 2013


In re Janeen Tortora, 72 A.D.3d 1105 (2d Dept 2010)


This action sought to preclude decedent’s father from receiving any distribution of settlement proceeds from a wrongful death and personal injury action...

March 25, 2010


Hartsuff v. Michaels, 139 A.D.3d 1005 (2d Dept 2016)


Plaintiff was granted summary judgment on the issue of liability in this accident, wherein the defendant made a left-turn in front of the oncoming plaintiff’s vehicle, allegedly in violation of Vehicle and Traffic Law 1141. On appeal, the Appellate Division reversed, finding issues of fact as to whether plaintiff was a proximate cause of the […]

March 26, 2016


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