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
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.
Defendant’s motion for summary judgment was denied in this action involving injuries from a motor vehicle and bicyclist accident. The Appellate Division reversed...
Defendant’s were awarded summary judgment, dismissing plaintiff’s claims of injury pursuant to General Municipal Law § 205. The Appellate Division affirmed...
Defendant moved to compel disclosure pursuant to CPLR 3124 of documents in this breach of an insurance contract action was denied...
Defendant was granted summary judgment on the issue of liability in this rear-end motor vehicle accident. The Appellate Division affirmed.
Defendant’s motion for summary judgment was granted in this slip and fall accident. The Appellate Division affirmed...
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. The Appellate Division reversed.
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 granted. Plaintiff moved to reargue, which was granted, and upon re-argument, vacated the award of summary judgment to defendant...
In this child support proceeding, the mother's motion to vacate a prior order, which granted the father's objections to another prior order, was granted. The Appellate Division affirmed...
Congratulations to Gerard Ferrara for successfully affirming the dismissal of all claims against our client, Palabras De Rome Entertainment, Inc. This decision highlights the role of proximate cause in negligence cases. The case was heard in the Appellate Division, First Department, before a panel including Hon. Judith J. Gische, Hon. Jeffrey K. Oing, Hon. Barbara […]
July 21, 2025
In this personal injury action, both plaintiff and the defendant driver alleged the other was driving inappropriately and aggressively, including stopping suddenly, tailgating, and swerving. After the vehicles came to a stop, a physical altercation took place. The defendant driver pled guilty to misdemeanor assault and disorderly conduct. Plaintiff sued defendant driver, as well as […]
March 27, 2019
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
Plaintiff’s motion for summary judgment on the issue of liability was granted in this rear-end accident, wherein plaintiff’s vehicle was fully stopped...
March 25, 2012
Defendant’s motion for summary judgment was granted in this slip and fall accident. The Appellate Division affirmed...
March 26, 2014
Defendant’s summary judgment motion was denied in this action for slip and fall personal injuries. Defendant appealed, and plaintiff cross appealed...
March 25, 2011
Defendant won summary judgment on the issue of liability, wherein his vehicle never made contact with plaintiff’s vehicle. The Appellate Division affirmed.
March 26, 2016
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 […]
July 21, 2025
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 […]
March 29, 2022
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 […]
