Co-defendant’s motion for summary judgment was denied in this wrongful death and medical malpractice action. The Appellate Division affirmed. Plaintiffs' decedent was a passenger in defendant’s vehicle; defendant was an employee of movant co-defendant, the commercial vehicle owner. After plaintiff’s death, his estate brought actions for wrongful death and medical malpractice. Multiple actions were consolidated. […]
March 27, 2018
Co-defendant vehicle owner’s motion for summary judgment was denied. The Appellate Division affirmed. A school bus owned by co-defendant came into contact with defendant’s vehicle in this lane change accident. Plaintiff was a passenger in the school bus. The court found there was conflicting evidence as to how the accident occurred, including which vehicle entered […]
After a jury trial on damages, the jury rendered a verdict that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d). Plaintiff appealed. The Appellate Division affirmed, finding the verdict was not contrary to the weight of the evidence, as conflicting expert testimony was presented and jurors are entitled to […]
March 27, 2017
Co-Defendant was the middle vehicle in a 3 vehicle rear-end chain accident. Co-Defendant moved for summary judgment, which was denied by the lower court. The Appellate Division affirmed, noting that there were questions of fact (i.e., order of impacts), as to whether the middle vehicle contributed to the proximate causation of this accident.
March 26, 2017
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
Defendant was denied summary judgment on the issue of liability in this rear-end motor vehicle accident. The Appellate Division reversed.
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 […]
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 […]
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 […]
Defendant won summary judgment on the issue of liability, wherein his vehicle never made contact with plaintiff’s vehicle. The Appellate Division affirmed.
Congratulations to Gerard Ferrara for securing an affirmance from the Appellate Division, Second Department, in favor of defendants Baffone Transportation, Inc. and Francesco Fatta. The plaintiff appealed from a Queens County Supreme Court order denying his application to impose sanctions against the defendants and defense counsel and to strike the defendants’ answer. The appeal arose […]
June 22, 2026
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
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
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
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
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
Defendant’s motion for summary judgment was denied in this slip and fall case. The Appellate Division reversed...
March 25, 2012
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
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
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
