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
Plaintiff’s appeal of co-defendant’s summary judgment motion to dismiss cross claims was dismissed, as plaintiff was not aggrieved by same...
Plaintiff’s motion for summary judgment was granted by the lower court in this rear-end motor vehicle action case. The Appellate division reversed, and denied plaintiff’s motion based on issues of fact...
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...
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...
Plaintiff’s motion for a default judgment pursuant to CPLR 3215 was denied, and defendant’s request to compel acceptance of their late answer was granted...
March 25, 2009
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. ..
July 25, 2007
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. The Appellate Division affirmed.Plaintiff’s chiropractor’s findings were not based on a recent examination, and plaintiff’s neurologist failed to offer contemporaneous findings.
March 25, 2007
Defendant denied permissive use in this motor vehicle accident, but summary judgment was denied. The Appellate Division reversed...
March 25, 2006
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
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, 2003
Defendant’s were awarded summary judgment, dismissing plaintiff’s claims of injury pursuant to General Municipal Law § 205. The Appellate Division affirmed...
March 26, 2014
Congratulations to Gerard Ferrara for securing an affirmance of summary judgment before the Appellate Division, First Department, in favor of our client, Maritza Deliz. The ruling, issued by a panel consisting of Hon. Peter H. Moulton, Hon. Ellen Gesmer, Hon. Andrea Masley, Hon. Bahaati Pitt-Burke Scarpulla, and Hon. Manuel J. Rosado, upheld the dismissal of […]
July 21, 2025
Congratulations to Gerard Ferrara for securing an affirmance of summary judgment before the Appellate Division, First Department, on behalf of Maritza Deliz. The panel—consisting of Justices Moulton, Gesmer, Scarpulla, Rosado, and Michael—unanimously upheld the dismissal of all claims and cross-claims against Ms. Deliz in a multi-party action arising from a fatal rear-end collision. Maritza Deliz […]
Plaintiff’s appeal of co-defendant’s summary judgment motion to dismiss cross claims was dismissed, as plaintiff was not aggrieved by same...
March 25, 2010
Co-defendant moved for summary judgment on the issue of liability in this motor vehicle accident, which was denied...
March 25, 2011
Defendant moved to compel disclosure pursuant to CPLR 3124 of documents in this breach of an insurance contract action was denied...
March 26, 2014
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 for securing a critical partial victory before the Appellate Division, Second Department. Through a compelling presentation of the church’s governance and structure, Keri demonstrated that the denomination operates as a connectional system of independent entities rather than as a unified jural body. The panel, including Hon. Colleen D. Duffy, Hon. Paul Wooten, […]
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 […]
March 27, 2018