Congratulations to Andrea Ferrucci for a successful defense on appeal in Mirjani v DeVito (2016 NY Slip Op 00448) decided on January 26, 2016 by the Appellate Division, First Department. On a fatality automobile accident case, summary judgment was sustained by the Appellate Division, noting, "The motion court properly rejected this testimony since the totality of [Behrouz's] submissions create only a feigned issue of fact, and they are therefore insufficient to defeat defendants' motions (Harty v. Lenci, 294 A.D.2d 296, 743 N.Y.S.2d 97 [1st Dept.2002] ).Estate of Mirjani v. DeVito, 135 A.D.3d 616 (N.Y. App. Div. 2016)" Read the decision here.

Andrea Ferrucci received another successful defense on appeal in Amber Giovenco v. Evelyn Abeshouse (2016 NY Slip Op 00930) decided on February 10, 2016 by the Appellate Division, Second Department. Read the decision here. Great job Andrea!

We are pleased to report that Isaac Dana received a successful outcome on February 2, 2016 on a summary jury trial before Judge Vaughn in Kings Co. in JORGE CENTENO v CARMINE TEPEDINO and JESUS FELICIANO (Index No. 18391/12). The Judge directed a verdict in our favor and let us out of the case.

Congratulations to Tim Jones on a Defense Verdict on damages on February 4, 2016, before Judge Sherman in Bronx County in LAZARO JOEL MONTAS v. SALLY H. ABOUEL-ELA (Index No. 305620/10). The plaintiff underwent a right shoulder arthroscopic subacromial decompression on February 10, 2011. In addition, the plaintiff had a left knee arthroscopy on June 10, 2010. We found him on social media on the roster for the Bronx Astros in a Men's Adult Baseball League. He was a catcher and last played in the summer of 2014. He admitted on cross examination to more stolen bases post his surgeries than MRIs. Plaintiff's expert was Dr. Ali Guy, a tried and true plaintiff's medical "consultant". The transcript from the direct and cross-examination of Dr. Guy is attached. This is definitely worth a quick read. Great Result Tim!!!!

Congratulations go to Frank Scahill for the first defense verdict of 2016 on January 12, 2016, in Jose Castillo v. Oto Garcia (501899/12) on the issue of liability before Judge Graham in Kings County.

As Managing Partner, Frank ensures the firm’s commitment to the Golden Rule – responsiveness to clients. And the result has been long-standing relationships – in some cases for decades – with many clients.

His philosophy is an outgrowth of his background. A child of Irish immigrants, he was raised with the values of hard work and education. His parents struggled to build a life in the US and as a first-generation American, Frank felt a responsibility to succeed and live up to his parents’ and the American dream. He grew up in Rockaway Beach and attended Fordham and St. John’s University. He is an active alumnus of St. John’s and each year the firm offers intern positions to law school students.

Read Frank Scahill's bio here

Defense Verdict for Eric Flores:

Congratulations to Eric Flores for a Defense Verdict on damages before Judge Bluth in New York County in Glenys DeLacruz v. Keith D. Talone and Maria Mendez, (Index Number: 154821/2012) on November 16, 2015. Our client was found 80% at fault for the accident but the jury awarded $0 to the plaintiff in damages. The case was dismissed on our threshold defense.

Eric is the New York County Team Leader responsible for managing the firm’s court calendar. His knowledge of the court system and relationships with judges, clerks, administrative personnel, and fellow attorneys in Civil and Supreme Court, are an invaluable resource for the firm. His practice is focused on defending automobile cases, where he excels in the investigative and strategic aspects of each case. Prior to joining the firm, he worked for a plaintiff’s medical malpractice firm, which gives him unique insights into how his opponents may present their case.

Read More about Eric Flores

Decisive Appellate Decision for Andrea E. Ferrucci: Congratulations to Andrea Ferrucci for a decisive victory in the Appellate Division Second Department November 18, 2015 decision of Ming v. Grossman (2015 NY Slip Op 08404) where summary judgment was granted to our client on the application of the emergency doctrine. The emergency doctrine acknowledges that when an actor is confronted with a sudden and unanticipated situation, which leaves little or no time for deliberation and requires him to make a speedy decision without weighing alternative courses of conduct, the actor may not be liable for negligence if the actions taken are reasonable and prudent when evaluated in the context of the emergency conditions. (see Rivera v New York City Tr. Auth., 77 NY2d 322, 327; Amaro v City of New York, 40 NY2d 30, 36; Marri v New York City Tr. Auth., 106 AD3d 699, 700). Under appropriate circumstances, the existence of an emergency, as well as the reasonableness of the actor's response to it, may be determined as a matter of law. (see Majid v New York City Tr. Auth., 128 AD3d 648, 649; Bello v Transit Auth. of N.Y. City, 12 AD3d 58, 60); Wu Kai Ming v. Grossman, No. 2015-00674, 2015 WL 7264931 (N.Y. App. Div. Nov. 18, 2015). This case involved a motor vehicle collision which occurred when the defendant, who was operating his vehicle on an exit ramp off the Grand Central Parkway, was allegedly suddenly and without warning cut off by a sedan which veered in front of him, blocking both lanes of travel on the ramp. The defendant applied his brakes hard and swerved to the right, thereby avoiding a collision with the sedan, but the defendant's vehicle was then struck in the rear by the plaintiff's minivan, which had been traveling in the right lane of the ramp and was unable to stop in time. Wu Kai Ming (supra).

Congratulations to Andrea E. Ferrucci and Keri Wehrheim for their victory on appeal in Ryan v Rocking Horse Farms, Ltd. (2015 NY Slip Op 08402) decided on November 18, 2015 by the Appellate Division, Second Department. Here, a defendant (Robert Chappell) was granted summary judgment on the issue of liability in a motor vehicle case by the Court below. The Appellate Division reversed, finding "Chappell failed to meet his initial burden as the movant. In support of his summary judgment motion, Chappell submitted the deposition testimony of the parties, which presented conflicting accounts of the facts surrounding the accident. According to Durand, Chappell's vehicle began to move forward when the light turned green, but then stopped suddenly and without warning in the intersection despite the fact that it was clear of traffic and pedestrians. Under the circumstances, a triable issue of fact exists as to whether Chappell was at fault in the happening of the accident."

Congratulations to Eric Flores for a defense verdict on damages in Renick v. Nadasan (151017/12) on October 15th before Judge Bluth In New York County. The plaintiff was found 75% at fault on liability. On damages, the jury found the plaintiff did not suffer a serious injury and no award was given.