Summary Judgment Decisions

Glean v. Kufs et al., Index No. 525837/2019 (Sup. Ct., Kings Cnty. 2025)
Congratulations to Rich Brown for securing a highly favorable outcome in a summary jury trial on damages in Kings County before Hon. Judge Velasquez. Despite the plaintiffs’ closing request for $400,000 and $450,000 in damages respectively, the jury awarded just $20,000 to Elisha Glean and $25,000 to Doreen Glean. In Kings County, where juries routinely award significantly higher sums for surgical cases, this outcome reflects an exceptional result for our client.

Both plaintiffs alleged extensive orthopedic and spinal injuries, including arthroscopic knee surgeries, meniscal tears, herniated discs, radiculopathy, and ongoing disability claims supported by MRIs and surgical records. The defense successfully challenged the magnitude and impact of these claims, leading the jury to return a minimal award well below expectations.

This result underscores Rich’s skillful handling of complex damages cases and his ability to deliver strong outcomes even in plaintiff-friendly venues. Congratulations to Rich on a standout win.

Jean Beaubrun v. Yehuda David Taller (Index No. 611165/23, Nassau County Supreme Court)
Congratulations to Gerard Ferrara for securing a summary judgment dismissal in Nassau County Supreme Court before Hon. Gregg Roth. The plaintiff alleged significant spinal and shoulder injuries, claiming his injuries met multiple serious injury threshold categories under New York Insurance Law § 5102(d).

Gerard successfully argued that the plaintiff failed to establish a serious injury, leading the court to dismiss the case in its entirety. Key findings from the court’s decision included:

With these findings, the court granted summary judgment in favor of the defense, dismissing all claims. This victory highlights Gerard’s ability to eliminate high-exposure injury claims before trial through strategic motion practice and expert medical analysis.

Cubano v. The School Bus Co., Index No. 21320/2016E (Sup. Ct., Bronx Cnty. 2024)
Congratulations to the team for securing a partial summary judgment dismissal in Supreme Court, Bronx County before Hon. Bianka Perez. The court dismissed the plaintiff’s “90/180-day” claim and permanent loss of use claim, significantly narrowing the scope of the case while allowing only limited injury claims to proceed.

The plaintiff alleged serious cervical spine injuries resulting from a motor vehicle accident and sought damages under New York Insurance Law § 5102(d). Defendants moved for summary judgment, arguing that the plaintiff failed to meet the statutory serious injury threshold.

The court partially granted the motion, holding that the defendants established entitlement to dismissal of the plaintiff’s “90/180-day” claim, citing medical records and deposition testimony confirming that the plaintiff returned to work just two days after the accident—a fatal flaw for this category of injury. Additionally, the court found no evidence supporting a “permanent loss of use” claim, which requires proof of a total loss of function.

This ruling eliminates key high-exposure claims and reinforces Scahill Law Group’s ability to strategically limit liability. Congratulations to the team on this strong outcome.

Bonilla-Mejia v. Broadway Land Co., Index No. 27559/2019E (Sup. Ct., Bronx Cnty. 2024)
Congratulations to the team for securing summary judgment dismissal in Supreme Court, Bronx County before Hon. Paul L. Alpert. The court dismissed all claims against The Kentucky Fried Chicken Northeast Franchisee Association, Inc., finding that the entity had no connection to the premises where the plaintiff’s alleged slip and fall occurred.

The plaintiff sought damages for personal injuries from a 2019 incident on the sidewalk abutting the premises. The defense moved for summary judgment, arguing that the Franchisee Association had no responsibility for maintaining or repairing the sidewalk and no operational ties to any KFC locations. The court agreed, citing testimony from Anthony Cameron, the association’s secretary, confirming that the Franchisee Association functions solely as a nonprofit organization for franchise communication and planning and has no involvement with individual store operations.

With no opposition filed, the court granted summary judgment in full, directing the clerk to dismiss all claims against the Franchisee Association. This result eliminates an unnecessary defendant from the case and reinforces Scahill Law Group’s ability to strategically secure early dismissals for clients. Congratulations to the team on this successful outcome.

Deliz v. Avid Waste Sys., Index No. 29144/2017E (Sup. Ct., Bronx Cnty. 2024)
Congratulations to the team for securing summary judgment in Supreme Court, Bronx County before Hon. Bianka Perez, resulting in the dismissal of all claims against Maritza Deliz. The court found that Deliz bore no liability for the underlying accident, clearing her from the case.

The litigation arose from a 2017 motor vehicle accident on the Bruckner Boulevard service road in Bronx County. The plaintiff passengers alleged injuries after Deliz’s vehicle was struck from behind by a truck operated by Avid Waste Systems, Inc. The court agreed that Deliz was not at fault, dismissing all claims, cross-claims, and third-party claims against her.

Congratulations to the team on this important result.

Augustin v. DeMonteverde, Index No. 032405/2023 (Sup. Ct., Rockland Cnty. 2024)

Congratulations to the team for securing partial summary judgment in Supreme Court, Rockland County before Hon. Sherri L. Eisenpress. The court dismissed the plaintiff’s 90/180-day claim, significantly limiting the potential exposure in this personal injury case.

The plaintiff alleged multiple spinal, shoulder, and knee injuries from a 2022 motor vehicle accident at an intersection. The defense moved for summary judgment, arguing that the plaintiff failed to meet the serious injury threshold under New York Insurance Law § 5102(d). The court found that the plaintiff did not miss any time from work and failed to provide medical evidence demonstrating substantial limitations in daily activities, warranting dismissal of the 90/180-day category claim.

While the court allowed other injury claims to proceed, this ruling narrows the scope of damages and eliminates a key high-exposure claim. Congratulations to the team on securing this important pre-trial win.

Travelers Pers. Ins. Co. v. Pestech Exterminating, Index No. 030612/2021E (Sup. Ct., Rockland Cnty. 2024)
Congratulations to the team for securing summary judgment dismissal in Supreme Court, Rockland County before Hon. Rolf Thorsen. The court granted summary judgment in favor of Deborah W. Buzaid, fully dismissing all claims against her in this multi-party litigation.

This case arose from a complex motor vehicle accident involving multiple parties and insurers. Defendant Buzaid moved for summary judgment, asserting that she bore no liability for the alleged damages. The motion was unopposed, and the court ruled in Buzaid’s favor, ordering full dismissal of all claims against her.

This result successfully removes Buzaid from the litigation, reinforcing Scahill Law Group’s ability to secure early dismissals for clients facing unwarranted claims.

Nehhas v. Alvarado, Index No. 42036/2023E (Sup. Ct., Bronx Cnty. 2024)
Congratulations to the team for securing partial summary judgment in Supreme Court, Bronx County before Hon. John Howard-Algarin. The court dismissed plaintiff’s multiple serious injury claims, including those related to the cervical spine, lumbar spine, significant disfigurement, fracture, permanent loss of use, and 90/180-day categories, significantly reducing the scope of the case.

The plaintiff alleged injuries from a 2020, multi-vehicle chain-reaction collision on the Hutchinson River Parkway. Defendants moved for summary judgment on liability and the serious injury threshold under New York Insurance Law § 5102(d). While the court found that factual disputes precluded dismissing liability claims, it granted dismissal of the plaintiff’s spinal injury claims, citing preexisting degenerative conditions and failure to establish causation. The 90/180-day claim was also dismissed, as the plaintiff’s own testimony contradicted any claim of extended impairment.

Although a shoulder injury claim remains, this ruling substantially narrows the plaintiff’s case and eliminates significant exposure. Congratulations to the team on securing these critical dismissals.

Eid v. Village of Dobbs Ferry, Index No. 56844/2023 (Sup. Ct., Westchester Cnty. 2024)
Congratulations to the team for securing summary judgment dismissals in Supreme Court, Westchester County before Hon. Nancy Quinn Koba. The court dismissed all claims against The Estate of Frank Golio, Victor Golio, Golio Realty, Golio Contracting Corp., and Hana Gourmet Corp. d/b/a Sushi Mike’s Japanese Restaurant, ruling that the storm-in-progress doctrine applied, eliminating any duty to remediate ice at the time of the accident.

The plaintiff, a GrubHub delivery driver, alleged he slipped on ice outside the Dobbs Ferry premises while picking up an order. The Golio Defendants and Hana Gourmet moved for summary judgment, arguing that a winter storm was ongoing, and they could not be held liable for failing to clear ice that had accumulated during active precipitation. The court agreed, citing meteorological expert testimony confirming that freezing rain and snow were falling at the time of the accident, precluding liability.

This decision completely dismisses all claims against both sets of defendants, securing a significant victory and reinforcing legal protections under the storm-in-progress doctrine. Congratulations again to the team on this excellent result.

Salemmo v. Mormile, Index No. 152233/2022 (Sup. Ct., Richmond Cnty. 2024)
Congratulations to the team on successfully defeating the plaintiff’s motion for summary judgment. The plaintiff, Joseph Salemmo, moved for summary judgment on the issue of liability against the defendant. The court denied the motion with prejudice, holding that the plaintiff failed to make a prima facie showing of entitlement to summary judgment. The ruling emphasized that the plaintiff’s motion relied solely on an attorney affirmation without any admissible evidence from a party with firsthand knowledge—an insufficient basis for summary judgment.

The court reiterated that an attorney affirmation lacking personal knowledge holds no probative or evidentiary value. Because the plaintiff failed to meet his burden, the court denied the motion outright. This decision ensured that all claims could proceed to trial without a pretrial liability determination against our client.

Perregaux v. Public Administrator Kings County, Index No. 155238/2017 (Sup. Ct., New York Cnty. 2024)
Congratulations to the team for securing summary judgment dismissal in Supreme Court, New York County before Hon. James G. Clynes. The court dismissed all claims and cross-claims against defendants Ilona Kristel DeJongh and Leslie Dweck, finding no evidence of contributory negligence and holding that the sole proximate cause of the accident was the U-turn made by the co-defendant taxi driver.

The litigation arose from a 2017 motor vehicle accident on Central Park South. Plaintiff Shirley D. Perregaux was a passenger in a taxi operated by Alexandre Chakov and owned by Ilya Vaynshtok when the taxi made an improper U-turn from the parking lane into the path of DeJongh’s eastbound vehicle. Defendants DeJongh and Dweck moved for summary judgment, arguing that the taxi’s illegal maneuver was the sole cause of the crash and that there was no evidence of negligence on DeJongh’s part. The court agreed and held that DeJongh was entitled to dismissal as a matter of law.

Plaintiff and the co-defendants opposed, arguing that further discovery was needed. However, the court rejected this claim, finding that mere hope of uncovering evidence is insufficient to defeat summary judgment. The court also denied plaintiff’s cross-motion to compel discovery, ruling that the requested records—relating to DeJongh’s doctor’s appointment—had no bearing on liability.

This result eliminates all claims against DeJongh and Dweck before trial, significantly narrowing the case and reinforcing Scahill Law Group’s ability to secure early dismissals for clients. Congratulations to the team on this decisive victory.

Abdullah v. Tolentino, Index No. 157605/2021 (Sup. Ct., New York Cnty. 2024)
Congratulations to the team for securing a partial summary judgment dismissal in Supreme Court, New York County before Hon. James G. Clynes. The court dismissed the plaintiffs' 90/180-day serious injury claims, significantly narrowing the scope of the case.

The plaintiffs, Omar Abdullah and Samantha Chung, alleged injuries arising from a motor vehicle accident and sought damages under New York Insurance Law § 5102(d). The defense moved for summary judgment, arguing that the plaintiffs failed to meet the statutory serious injury threshold. The court granted the motion in part, holding that the plaintiffs failed to demonstrate that their injuries prevented them from performing their usual and customary activities for at least 90 out of the 180 days following the accident. The decision relied on medical records and deposition testimony showing that neither plaintiff was sufficiently restricted for the required duration.

The ruling removes a key high-exposure claim from the case, reducing potential damages and strengthening the defense’s position moving forward, reinforcing Scahill Law Group’s ability to effectively mitigate risk for its clients. Congratulations to the team on this important pretrial victory.

Acosta Castillo v. Hands On Moving LLC, Index No. 160418/2022 (Sup. Ct., New York Cnty. 2024)
Congratulations to the team for securing summary judgment dismissal in Supreme Court, New York County before Hon. James G. Clynes. The court granted defendant Narciso Martinez Guzman’s motion for summary judgment, dismissing all claims and cross-claims against him.

The plaintiffs, Rafael Antonio Acosta Castillo and Jose Guzman Ballinas, alleged negligence in a motor vehicle accident involving multiple defendants, including Hands On Moving LLC, Collin Stephen Gregory, and Narciso Martinez Guzman. Guzman moved for summary judgment, arguing that he bore no liability for the accident. The motion was unopposed, and the court ruled in Guzman’s favor, directing the Clerk to dismiss all claims and cross-claims against him.

Additionally, the plaintiffs had cross-moved for summary judgment on liability against Hands On Moving LLC and Collin Stephen Gregory. However, pursuant to a stipulation, the plaintiffs withdrew their motion, limiting the immediate claims at issue as the case proceeds against the remaining defendants.

This ruling successfully eliminates a defendant from the case, reducing overall exposure and reinforcing Scahill Law Group’s ability to achieve decisive pretrial victories. Congratulations to the team on this favorable outcome.

De La Cruz Cueva v. Rodriguez, Index No. 452583/2020 (Sup. Ct., New York Cnty. 2024)
Congratulations to the team for securing a partial summary judgment dismissal in Supreme Court, New York County before Hon. James G. Clynes. The court granted summary judgment in favor of defendants Anis Hargey Saul, Premier Paratransit, New York City Transit Authority, Metropolitan Transportation Authority, and Victor Rodriguez, dismissing the plaintiff’s "90/180-day" serious injury claim under New York Insurance Law § 5102(d).

The plaintiff alleged serious injuries stemming from a motor vehicle accident and sought damages for permanent impairments and limitations. The defense moved for summary judgment, arguing that the plaintiff failed to meet the statutory threshold for a serious injury. The court partially granted the motion, holding that the plaintiff did not provide sufficient medical that the injury prevented the plaintiff from performing substantially all of their usual and customary activities for at least 90 days within the first 180 days post-accident.

This ruling significantly narrows the claims and reduces potential exposure by eliminating a high-damages category from the case. The plaintiff’s remaining claims will proceed, but without the broad recovery sought under the "90/180-day" provision. Congratulations to the team for securing this strategic win and limiting liability pretrial.

Bey v. Mazeb, Index No. 501474/2021 (Sup. Ct., Kings Cnty. 2024)
Congratulations to the team for securing summary judgment dismissal in Supreme Court, Kings County before Hon. Anne J. Swern. The court granted the defendant’s motion after oral argument, finding that the plaintiffs failed to raise triable issues of fact, leading to a full dismissal of the case.

This result eliminates all potential liability for the defendant and reinforces the team’s ability to successfully challenge weak claims before trial. Congratulations to the team on this decisive victory.

Harvard v. Metro Provisions, Corp. & Chiarello, Index No. 501645/2021 (Sup. Ct., Kings Cnty. 2024)
Congratulations to the team for securing summary judgment dismissal in Supreme Court, Kings County before Hon. Richard J. Montelione. The court found that plaintiff failed to meet the serious injury threshold under New York Insurance Law §§ 5102(d) and 5104(a), warranting dismissal of the case in its entirety.

Plaintiff alleged injuries to his cervical and lumbar spine and right hip following an 2019 motor vehicle accident. The defense moved for summary judgment, citing expert medical reports from two doctors, both of whom conducted objective medical examinations and found no loss of range of motion, no permanent or residual limitations, and no causal connection between the plaintiff’s injuries and the accident. The court found that the plaintiff’s medical experts failed to sufficiently differentiate between preexisting conditions and the claimed accident-related injuries, rendering their opinions conclusory and insufficient to raise a triable issue of fact.

Additionally, the court dismissed plaintiff’s 90/180-day claim, citing deposition testimony where the plaintiff admitted that he returned to work within 2–3 days and lost only about 20 days total for medical appointments.

This ruling eliminates all claims and exposure for the defendants, reinforcing the team’s ability to secure full dismissals before trial. Congratulations to the team on this victory.

Lindsay, Jr. v. Francklin, Index No. 503096/20 (Sup. Ct. Kings Cnty. 2024)
Congratulations to the team for securing summary judgment dismissal in Supreme Court, Kings County before Hon. Caroline P. Cohen after oral argument and review of all motion papers.

Jones v. The City of New York, Index No. 2618/2016 (Sup. Ct., Kings Cnty. 2024)

Congratulations to the team for securing summary judgment dismissal in Supreme Court, Kings County before Hon. Patria Frias-Colón where the court dismissed all claims and crossclaims against Defendant Unique Q. Holloman.

The litigation arose from a fatal motor vehicle accident involving the decedent and a vehicle operated by Defendant Raymond Junior Ramos. Holloman moved for summary judgment, arguing that she was not negligent and did not contribute to the collision. The court agreed, finding that a driver with the right-of-way who has only seconds to react cannot be deemed negligent for failing to avoid a collision. Neither the plaintiff nor Defendant Ramos raised a triable issue of fact in opposition.

As a result, all claims and crossclaims against Holloman were dismissed with prejudice, eliminating her from the case. Congratulations to the team on this critical pretrial victory.

Vernon v Gatti et al., Index No. 511733/2023 (Sup. Ct. Kings Cnty 2024)
Congratulations to the team for securing summary judgment dismissal in Supreme Court, Kings County before Hon. Carolyn E. Wade.

Keir v. Stewart, Index No. 529106/2022 (Sup. Ct., Kings Cnty. 2024)
Congratulations to the team for securing summary judgment dismissal in Supreme Court, Kings County before Hon. Rupert V. Barry, removing all claims and crossclaims against Defendant Thomas Sieske, finding no basis for liability.

Plaintiffs brought this action for personal injuries allegedly arising from a motor vehicle incident. Defendant Sieske moved for summary judgment, arguing that he bore no responsibility for the accident. The court agreed, holding that plaintiffs failed to raise any triable issues of fact in opposition.

Congratulations to the team on fully dismissing our client from the case and eliminating any further exposure or liability on his part.

Mittelman v. Khalil, Index No. 513520/2023 (Sup. Ct., Kings Cnty. 2024)
Congratulations to the team for securing partial summary judgment in Supreme Court, Kings County before Hon. Ingrid Joseph where the defendant sought summary judgment on the serious injury threshold under Insurance Law § 5102(d).

The court granted dismissal of the plaintiff’s “90/180-day” claim, while finding that triable issues of fact remained regarding the plaintiff’s alleged injuries.

This ruling narrows the issues for trial. Congratulations to the team on this strategic win.

Hajrulla v. Cuautlecuautle, Index No. 517001/2022 (Sup. Ct., Kings Cnty. 2024)
Congratulations to the team for securing partial summary judgment in Supreme Court, Kings County before Hon. Rupert V. Barry. The court dismissed the plaintiff’s “90/180-day” claim under Insurance Law § 5102(d), narrowing the plaintiff’s injury claims and limiting potential damages.

The defendants moved for summary judgment, arguing that the plaintiff failed to meet the serious injury threshold. The court granted the motion in part, dismissing the 90/180-day claim, finding that the plaintiff’s testimony failed to establish that he was substantially limited in his daily activities for the required period.

This ruling strategically limits the plaintiff’s claims. Congratulations to the team on this important pre-trial win.

Lajara v Mujalli, Index No. 518740/21 (Sup. Ct. Kings Cnty. 2024)
Congratulations to the team for securing partial summary judgment in Supreme Court, Kings County before Hon. Heela D. Capell. The court dismissed the plaintiff’s “90/180-day” claim under Insurance Law § 5102(d), narrowing the plaintiff’s injury claims and limiting potential damages.

The court agreed that plaintiff failed to meet the serious injury threshold as plaintiff’s testimony failed to establish that he was substantially limited in his daily activities for the required period.

Congratulations to the team on narrowing plaintiff’s pre-trial claims.

Lustig v. Brown, Index No. 521489/2019 (Sup. Ct., Kings Cnty. 2024)
Congratulations to Isaac Dana for securing summary judgment in Supreme Court, Kings County, resulting in the dismissal of all claims against Lucy M. Mark and Hilbert Tunstall. The defense moved for summary judgment, arguing that there was no triable issue of fact establishing liability against them.

This ruling completely eliminates these defendants from the case, reinforcing Isaac’s ability to achieve early dismissals for clients through strategic litigation. Congratulations to Isaac on this excellent result.

Leacock v. Santos, et al., Index No. 522230/2021 (Sup. Ct., Kings Cnty. 2024)
Congratulations to the team for securing summary judgment in Supreme Court, Kings County before Hon. Francois A. Rivera, resulting in the dismissal of all claims defendant. The defense moved for summary judgment based on sworn testimony, and showed they were free from comparative fault.

Congratulations to the team on this complete dismissal of plaintiff’s claims.

Crooks v. Abdul, Index No. 526107/2021 (Sup. Ct., Kings Cnty. 2024)
Congratulations to the Scahill Law Group team for securing summary judgment dismissal in Supreme Court, Kings County, before Hon. Francois A. Rivera. The court dismissed all claims and crossclaims against defendants Jameke Jerome Primer and Clarence Carr (John Doe II), finding no liability for the underlying accident.

The plaintiff alleged injuries from a multi-vehicle collision and sought to hold Primer and Carr responsible. The defense moved for summary judgment, arguing that their vehicle was not in contact with the plaintiff’s vehicle and did not contribute to the accident. The court agreed, citing affidavits and a certified police report that confirmed the movants played no role in the collision.

In opposition, neither the plaintiff nor the co-defendants produced any admissible evidence contradicting the defense’s position. The court also rejected arguments that the motion was premature, noting that similar summary judgment dismissals had already been granted to other defendants in the case.

This ruling fully removes Primer and Carr from the litigation, eliminating their exposure and reinforcing Scahill Law Group’s ability to secure early dismissals in complex, multi-defendant cases. Congratulations to the team on this victory.

Lovitt, et al. v. Smith, Index No. 526403/21 (Sup. Ct., Kings Cnty. 2024)
Congratulations to the team for securing partial summary judgment in Supreme Court, Kings County before Hon. Heela D. Capell. The court dismissed the plaintiff’s “90/180-day” claim under Insurance Law § 5102(d), narrowing the plaintiff’s injury claims and limiting potential damages.

Congratulations to the team on narrowing plaintiff’s pre-trial claims.

Umarova v. Dedushi, Index No. 527806/2021 (Sup. Ct., Kings Cnty. 2024)
Congratulations to the Scahill Law Group team for securing a partial summary judgment dismissal in Supreme Court, Kings County, before Hon. Lisa S. Ottley. The court dismissed all claims of serious injury except for the plaintiff’s right knee injury, significantly narrowing the scope of the case.

The plaintiff alleged injuries to the cervical spine, lumbar spine, right shoulder, and right knee, claiming they met the serious injury threshold under New York Insurance Law § 5102(d). The defense moved for summary judgment, arguing that the plaintiff’s injuries were not serious and failed to meet the statutory criteria.

The court agreed with the defense, finding that the plaintiff’s medical reports regarding the spine and shoulder were inadmissible, as they were neither affirmed nor sworn. Additionally, the court dismissed the 90/180-day claim as the plaintiff failed to establish an inability to perform customary activities for the required period.

This ruling removes high-exposure injury claims from the case and limits the plaintiff’s potential recovery, reinforcing Scahill Law Group’s ability to strategically reduce liability in motor vehicle litigation. Congratulations to the team on this excellent result.

Villegas v. Recalde, et al., Index No. 533580/2022 (Sup. Ct., Kings Cnty 2024)
Congratulations to the Scahill Law Group team for securing a summary judgment dismissal on the issue of liability in Supreme Court, Kings County, before Hon. Aaron D. Maslow.


Singh v. Carenza, Index No. 600120/2023 (Sup. Ct., Nassau Cnty. 2024)

Congratulations to the Scahill Law Group team for securing summary judgment dismissal in Supreme Court, Nassau County, before Hon. Conrad D. Singer. The court dismissed the plaintiffs’ complaint in its entirety, ruling that platiniffs failed to establish a “serious injury” under New York Insurance Law § 5102(d).

The plaintiffs sought damages for alleged injuries sustained in a 2020 motor vehicle accident and claimed permanent consequential limitation, significant limitation, and 90/180-day injuries. Defendants moved for summary judgment, arguing that medical evidence, including independent medical examinations (IMEs) and plaintiffs’ own deposition testimony, failed to support their claims.

The court agreed with the defense, citing:

As a result, the court granted summary judgment to all defendants and dismissed the plaintiffs’ complaint in full, rendering the plaintiffs’ cross-motions moot.

This decision reinforces Scahill Law Group’s ability to effectively challenge weak injury claims with expert analysis. Congratulations to the team on this important win.

Borges v. Cappiello, Index No. 600690/2023 (Sup. Ct., Nassau Cnty. 2024)
Congratulations to Scahill Law Group for securing summary judgment dismissal in Supreme Court, Nassau County, before Hon. Denise L. Sher. The court dismissed all claims and cross-claims against defendant Nicole McCabe, ruling that she bore no liability for the underlying motor vehicle accident.

This case arose from a three-vehicle rear-end collision on the Wantagh State Parkway. McCabe was the middle vehicle, traveling in heavy stop-and-go traffic when defendant Cappiello struck her from behind, pushing her car into the plaintiff’s vehicle.

McCabe moved for summary judgment, arguing that she was either fully stopped or in the process of stopping when the Cappiello vehicle failed to maintain a safe distance and rear-ended her. The court agreed with the defense, finding that McCabe had no duty to anticipate being rear-ended and was not a proximate cause of the accident and noting that case law supports that a middle vehicle in a chain-reaction accident is entitled to summary judgment when it is lawfully stopped and struck from behind.

With no triable issues of fact, the court granted summary judgment in favor of McCabe, dismissing the case against her in its entirety. Congratulations to the team on this successful outcome.

Sangurima v. Heras, Index No. 601938/2022 (Sup. Ct., Suffolk Cnty. 2024)
Congratulations to Scahill Law Group for securing summary judgment dismissal in Supreme Court, Suffolk County, before Hon. Vincent J. Martorana. The court dismissed all claims and cross-claims against defendants Thomas D. Cooper Construction Inc. and Thomas D. Cooper, Individually, ruling that they were not vicariously liable for the accident.

The case arose from a 2021 pedestrian accident involving a truck driven and owned by co-defendants Heras and Heras. Plaintiff sought to hold the Cooper Defendants responsible under VTL § 388, arguing they retained ownership of the vehicle or that Heras was acting within the scope of his employment at the time of the accident.

The Cooper Defendants moved for summary judgment, arguing that they were not the vehicle owner, the vehicle was not on its policy, and that the driver was not acting within the scope of his employment when the accident occurred. The court agreed, noting that merely driving home from work does not constitute an employer’s liability.

With no triable issues of fact, the court granted summary judgment in favor of the Cooper Defendants, dismissing all claims against them. Congratulations to the team on this hard-won victory.

Gangapersad v. Cruz-Grande, Index No. 603085/2022 (Sup. Ct., Nassau Cnty. 2024)
Congratulations to Scahill Law Group for securing summary judgment dismissal in Supreme Court, Nassau County, before Hon. Conrad D. Singer. The court dismissed the plaintiff’s complaint in its entirety, ruling that she failed to establish a serious injury under New York Insurance Law § 5102(d).

The case arose from a 2021 motor vehicle accident where the plaintiff sought damages for alleged injuries, including right shoulder surgery, cervical and lumbar spine injuries, and epidural injections. Defendants moved for summary judgment, arguing that medical evidence and deposition testimony failed to support the plaintiff’s claims.

The court agreed with the defense, citing medical reports which found no objective evidence of serious injury, deposition testimony showing that plaintiff continued full-time work and daily activities without restriction, and unexplained gaps in medical treatment which undermined claims of ongoing impairment.

With no triable issues of fact, the court granted summary judgment to the defendants and dismissed the plaintiff’s complaint in full. Congratulations to the team on the use of discovery to effectively defend against plaintiff’s claims.

Cardenas v. Honig, Index No. 604282/2021 (Sup. Ct., Nassau Cnty. 2024)
Congratulations to Scahill Law Group for securing a partial summary judgment victory in Supreme Court, Nassau County, before Hon. Randy Sue Marber. The court dismissed the plaintiff’s claims under several categories of New York Insurance Law § 5102(d).

The case arose from a 2020 motor vehicle accident. Plaintiff moved for summary judgment on liability, alleging that defendant improperly cut across multiple lanes. Defendants cross-moved for summary judgment on the basis that plaintiff did not sustain a "serious injury" under New York’s threshold law.

The court denied plaintiff’s motion, citing conflicting factual accounts of the accident. However, the court granted defendants’ motion in part, dismissing claims under the 90/180-day category and significant disfigurement, but found factual disputes regarding the extent of plaintiff’s spinal injuries. Key points supporting the defense included:

With the majority of plaintiff’s claims dismissed, this ruling significantly narrows the case moving forward. Congratulations to the team on this strong defense outcome.

Small v. Bernard, Index No. 607441/2019 (Sup. Ct., Nassau Cnty. 2024)
Congratulations to Scahill Law Group for securing a partial summary judgment victory in Supreme Court, Nassau County, before Hon. Felice J. Muraca. The court dismissed the plaintiff’s 90/180-day injury claim under New York Insurance Law § 5102(d), significantly narrowing the case ahead of trial.

This case arose from a 2018 motor vehicle accident, with plaintiff alleging a partial tear to her right shoulder as a qualifying "serious injury." Defendant moved for summary judgment, arguing that plaintiff failed to meet the threshold under multiple statutory categories.

The court granted dismissal of the 90/180-day claim, finding that plaintiff failed to provide sufficient medical evidence to support a substantial curtailment of activities. With the 90/180 claim dismissed, the case now moves forward for trial on the remaining injury categories. Congratulations to the team on this outcome ahead of trial.

Pellegrino-Lopez v. Ramos, Index No. 612831/2020 (Sup. Ct., Nassau Cnty. 2024)
Congratulations to Scahill Law Group for securing a partial summary judgment victory in Supreme Court, Nassau County, before Hon. Randy Sue Marber. The court dismissed multiple serious injury claims asserted by the plaintiff under New York Insurance Law § 5102(d), significantly limiting the scope of the case.

This case arose from a 2019 parking lot accident in which plaintiff alleged injuries to her cervical spine, lumbar spine, and left knee. Defendants moved for summary judgment, arguing that plaintiff failed to meet the statutory threshold for a serious injury. The court granted summary judgment dismissing all claims except those related to significant limitation and permanent consequential limitation, ruling that:

With the majority of plaintiff’s claims dismissed, the case proceeded on a narrower basis. Congratulations to the team for successfully challenging weak injury claims prior to trial.

Olivares v. Andacky, Index No. 613963/2023 (Sup. Ct., Nassau Cnty. 2024)
Congratulations to Scahill Law Group for securing summary judgment dismissal in Supreme Court, Nassau County, before Hon. Gary M. Carlton. The court ruled in favor of defendant Brian K. Andacky, dismissing all claims against him.

The case arose from a 2023 motor vehicle accident in which plaintiff attempted to exit a gas station and make a left turn across multiple lanes of traffic. Defendant had the right of way when plaintiff entered his lane. The defense successfully argued that:

The court rejected plaintiff’s attempt to raise a triable issue of fact, holding that defendant had no reasonable opportunity to avoid the collision. As a result, the complaint was dismissed in its entirety.

This decision reinforces Scahill Law Group’s strength in defending right-of-way cases and eliminating speculative liability claims. Congratulations to the team on another decisive win.

Wright v. Town of Hempstead et al., Index No. 614507/2021 (Sup. Ct., Nassau Cnty. 2024)
Congratulations to Scahill Law Group for securing summary judgment dismissal in Supreme Court, Nassau County, before Hon. Sarika Kapoor. The court ruled in favor of defendant Michael Gallagher, dismissing all claims and cross-claims against him.

This case arose from a January 2021 three-vehicle accident in Uniondale that tragically resulted in the death of Jomani Wright. Defendant Gallagher’s vehicle was legally parked and unoccupied when it was struck after the initial collision between co-defendants McCoy and Daza. Plaintiffs and co-defendant Daza argued that Gallagher’s vehicle was improperly parked and contributed to the severity of the accident.

The defense successfully demonstrated that Gallagher’s vehicle was not a proximate cause of the accident and that there was was no evidence that the placement of Gallagher’s vehicle contributed to the crash. The court agreed, holding that the presence of a parked car—legal or illegal—does not create liability without a causal link to the accident. As a result, Gallagher was granted full summary judgment dismissal.

This decision highlights Scahill Law Group’s ability to eliminate speculative liability claims and reinforce key principles of proximate cause in negligence cases. Congratulations to the team on this significant win.

Gutierrez v. Minicozzi, Index No. 614730/2022 (Sup. Ct., Suffolk Cnty. 2024)
Congratulations to Anthony Graziani for securing summary judgment dismissal in Supreme Court, Suffolk County, before Hon. Joseph Farneti. The court dismissed all claims and cross-claims against defendant Minicozzi, finding no liability in the multi-vehicle rear-end collision.

This case arose from a September 2021 chain-reaction accident in Riverhead. Plaintiff alleged that one or more vehicles "stopped short," causing the collision. The defense successfully argued that Minicozzi’s vehicle was rear-ended by another driver and merely propelled forward, meaning there was no comparative negligence.
The court also granted summary judgment dismissal for co-defendants Kathleen Ramirez and Habberstad BMW, holding that their vehicle was legally stopped at a red light when struck.

This ruling reinforces key principles of liability in rear-end collisions and highlights Scahill Law Group’s ability to effectively eliminate improper claims. Congratulations to Anthony Graziani and the team on another successful defense.

Stasio v. Zhang, Index No. 615636/2021 (Sup. Ct., Nassau Cnty. 2024)
Congratulations to Scahill Law Group for securing a partial summary judgment victory in Supreme Court, Nassau County, before Hon. Christopher T. McGrath. The court dismissed the plaintiff’s 90/180-day serious injury claim under New York Insurance Law § 5102(d).

This case arose from a 2019 motor vehicle accident at an intersection in Queens. Plaintiff alleged spinal and left knee injuries and received physical therapy, an epidural injection, and acupuncture before discontinuing treatment. Defendants moved for summary judgment, arguing plaintiff failed to meet the serious injury threshold under the law. The court agreed and dismissed the 90/180 claim due to
plaintiff missing only a few days of work and providing no medical evidence of substantial activity restrictions.

This ruling narrows the scope of plaintiff’s claims. Congratulations to the team for this strategic victory.

Abraham v. Johnson Barnett, Index No. 701234/2023 (Sup. Ct., Queens Cnty. 2024)
Congratulations to Scahill Law Group for securing partial summary judgment in Supreme Court, Queens County, before Hon. Phillip Hom. While the court granted plaintiff’s motion for summary judgment on liability, it dismissed claims for recklessness and punitive damages against defendants.

This case arose from a 2022 rear-end collision on the Long Island Expressway, where plaintiff was a passenger in a vehicle stopped in traffic before being struck from behind by defendants' vehicle.

The court dismissed plaintiff’s recklessness and punitive damages claims, ruling that plaintiff’s allegations amounted to ordinary negligence rather than conduct warranting punitive damages.

This decision reinforces Scahill Law Group’s success in defending against excessive damages claims. Congratulations to the team on this strategic win.

Valdez-Valdez et al. v. Moniruzzaman, Index No. 706706/2023 (Sup. Ct., Queens Cnty. 2024)
Congratulations to Frank Scahill for securing summary judgment on liability in Supreme Court, Queens County, before Hon. Frederick D.R. Sampson. The court granted counterclaim plaintiff’s motion for summary judgment on liability.

This case arose from a rear-end collision on the Long Island Expressway, where counterclaim plaintiff’s vehicle was completely stopped when struck from behind by defendant. Defendant opposed summary judgment, arguing that the lead vehicle stopped suddenly, creating an emergency situation. The court rejected this argument, ruling that a rear-end collision creates a prima facie case of negligence for the trailing driver and the emergency doctrine does not apply because sudden
stops are foreseeable in traffic.

This ruling reinforces Frank Scahill’s expertise in securing early liability determinations and eliminating weak defenses in rear-end collision cases. Congratulations to Frank and the team on another successful outcome.

Dorce v. Siriodis, Index No. 707114/2021 (Sup. Ct., Queens Cnty. 2024)
Congratulations to Sherry E. Siriodis and her defense team for securing summary judgment dismissal in Supreme Court, Queens County, before Hon. Ulysses B. Leverett. The court dismissed plaintiff’s complaint in its entirety, ruling that plaintiff failed to meet the serious injury threshold under New York Insurance Law § 5102(d).

This case arose from a 2020 motor vehicle accident in which plaintiff was a rear-seat passenger in a vehicle that was rear-ended by defendant. Plaintiff alleged injuries to her cervical, lumbar, and thoracic spine.

The defense successfully argued that plaintiff did not sustain a "serious injury" as their medical expert revealed minimal range-of-motion restrictions, findings consistent with degenerative disc disease rather than trauma from the accident, and
no orthopedic disability.

This decision underscores the importance of objective medical evidence in threshold injury cases and reinforces the team’s strong defense strategies employed in dismissing non-meritorious claims. Congratulations to the defense team on another pre-trial win.

Shahravan v. Augustine, Index No. 712528/2019 (Sup. Ct., Queens Cnty. 2024)
Congratulations to the defense team for securing summary judgment dismissal in Supreme Court, Queens County, before Hon. Robert I. Caloras. The court ruled in favor of defendants, dismissing the plaintiffs’ claims in their entirety.

This case arose from a 2019 motor vehicle accident in which plaintiffs alleged spinal injuries. Defendants moved for summary judgment, arguing that plaintiffs failed to meet the serious injury threshold under Insurance Law § 5102(d).

The defense successfully demonstrated that plaintiffs' injuries were not causally related to the accident or did not rise to the statutory threshold. Specifically, defendants’ medical expert found that restricted range of motion was unrelated to the accident. Further, plaintiffs had a substantial gap in treatment, with both discontinuing care within a year post-accident.

As a result, the court granted summary judgment, dismissing both plaintiffs’ claims in full, including their 90/180-day category claims.

This ruling underscores the importance of consistent medical treatment in personal injury cases and reinforces the strong defense strategies employed in threshold injury litigation. Congratulations to the defense team on this win.

Billey v. Soto, Index No. 713771/2023 (Sup. Ct., Queens Cnty. 2024)
Congratulations to Gerard Ferrara for securing partial summary judgment in Supreme Court, Queens County, before Hon. Mojgan C. Lancman. The court dismissed plaintiff’s claims for significant disfigurement and permanent loss of use but allowed the case to proceed on other injury claims.

This case arose from a 2020 motor vehicle accident in which plaintiff, a passenger, alleged serious injuries to his lumbar spine and left shoulder. Defendants moved for summary judgment, arguing that plaintiff failed to meet the serious injury threshold under Insurance Law § 5102(d).

The court ruled that plaintiff’s disfigurement claim lacked evidence of scarring that would be considered significant. The permanent loss of use claim was dismissed, as there was no evidence plaintiff lost full function of any body part.

This decision reinforces Gerard’s ability to successfully narrow injury claims pre-trial. Congratulations to Gerard and the team on this strategic win.

Smith v. Simmons et al., Index No. 715037/2022 (Sup. Ct., Queens Cnty. 2024)
Congratulations to the defense team for securing summary judgment dismissal in Supreme Court, Queens County, before Hon. Robert I. Caloras. The court dismissed the plaintiff’s complaint in its entirety, ruling that defendants were not negligent and bore no liability for the accident.

This case arose from a 2022 motor vehicle accident at an intersection in Queens. Plaintiff alleged that defendants negligently operated their vehicle, causing the collision. However, the defense successfully argued that plaintiff, who was required to stop at a stop sign, failed to yield the right-of-way before entering the intersection.

The court relied on a certified police report and deposition testimony where defendant stated she was traveling at a safe speed and had less than a second to react when plaintiff allegedly "blew through the stop sign" at 60-65 MPH. The court held that a driver with the right-of-way is entitled to expect that others will obey traffic laws, and since Simmons had virtually no time to react, there was no basis for comparative negligence.

With liability fully resolved in favor of the defendants, the court dismissed the complaint. This decision reinforces the defense team’s success in securing early dismissals in right-of-way cases. Congratulations to the team on this complete victory.

Ulmer v. Clowns.com, Inc. et al., Index No. 718717/2021 (Sup. Ct., Queens Cnty. 2024)
Congratulations to the defense team for securing a partial summary judgment victory in Supreme Court, Queens County, before Hon. Nicole McGregor Mundy. The court dismissed multiple serious injury claims asserted by the plaintiff under New York Insurance Law § 5102(d), significantly narrowing the scope of the case.

This case arose from a 2021 motor vehicle accident in Queens. Plaintiff alleged injuries to her cervical, thoracic, and lumbar spine, as well as her left shoulder, claiming they met six statutory categories of "serious injury."

The defense successfully argued that plaintiff did not sustain a significant disfigurement, fracture, or permanent loss of use of a body organ, function, or system. In fact, their medical expert’s findings showed normal range of motion and concluded that plaintiff’s alleged injuries were degenerative rather than trauma-induced.

As a result, the court dismissed plaintiff’s claims under the disfigurement, fracture, and permanent loss categories but allowed the remaining claims to proceed to trial.
This ruling reinforces the defense’s ability to challenge weak injury claims while preparing for litigation on remaining disputed issues. Congratulations to the team on this strategic win.

Guillen v. Duran et al., Index No. 718909/2022 (Sup. Ct., Queens Cnty. 2024)
Congratulations to the defense team for securing summary judgment dismissal in Supreme Court, Queens County, before Hon. Ulysses B. Leverett. The court dismissed all claims and cross-claims against defendant with prejudice, ruling that he bore no liability for the accident.

This case arose from a three-car, chain-reaction collision, where plaintiffs sought damages against multiple defendants. The defense successfully argued that the driver of the front vehicle in a rear-end collision could not be held liable as a matter of law as precedent establishes that lead drivers in chain-reaction accidents are generally not responsible unless proven otherwise. The court agreed, granting full summary judgment in Duran’s favor and dismissing all claims against him.

This decision reinforces the well-established principle that lead drivers in multi-vehicle collisions are presumed free of liability absent negligence. Congratulations to the defense team on this decisive victory.

Zhang v. Sosa et al., Index No. 722638/2021 (Sup. Ct., Queens Cnty. 2024)
Congratulations to the defense team for securing summary judgment dismissal in Supreme Court, Queens County, before Hon. Joseph J. Esposito. The court dismissed plaintiff’s complaint in its entirety, ruling that plaintiff failed to meet the serious injury threshold under New York Insurance Law § 5102(d).

This case arose from a motor vehicle accident in which plaintiff alleged injuries to multiple body parts. The defense successfully argued that plaintiff’s alleged injuries were not permanent or significant, as confirmed by defendants’ medical expert. The court granted full summary judgment, finding that defendants had met their burden of proof, and plaintiff’s claims could not survive under the serious injury threshold.

This decision underscores the importance of objective medical evidence and timely opposition in threshold injury cases. Congratulations to the defense team on this win.

Morinvil v. Kuhn et al., Index No. 724178/2021 (Sup. Ct., Queens Cnty. 2024)
Congratulations to the defense team for securing summary judgment dismissal in Supreme Court, Queens County, before Hon. Anna Culley. The court dismissed plaintiff’s complaint and all cross-claims against defendant, finding that he was not a proximate cause of the accident.

This case arose from a multi-vehicle accident. Defendant presented compelling evidence, including deposition testimony stating that his vehicle was at a complete stop before being struck in the rear by another vehicle and a certified police report supporting his account. The court ruled that defendant met his prima facie burden by demonstrating he was not at fault.

This outcome reinforces the importance of clear factual evidence in securing early case resolutions. Congratulations to the team in this early dismissal.

Kim v. White, Index No. 724905/2020 (Sup. Ct., Queens Cnty. 2024)
Congratulations to the defense team for securing summary judgment dismissal of the third-party complaint against Kim in Supreme Court, Queens County, before Hon. Ulysses B. Leverett. The court ruled that Kim, who was driving with the right of way, bore no comparative negligence in the accident.

This case arose from a two-vehicle collision. The defendant attempted a left turn directly into Kim’s path, violating Vehicle and Traffic Law § 1141, which requires left-turning drivers to yield to oncoming traffic.

The court found that Kim was traveling lawfully with the right of way. White failed to see Kim’s vehicle before the crash and turned without a signal or a clear path, and a left-turning driver is exclusively liable for a crash if they fail to yield in violation of VTL § 1141.

As a result, the court dismissed the third-party complaint against Kim in its entirety, reinforcing the defense team’s ability to secure favorable outcomes for our clients.

Del Jesus Martinez v. Bernard, et al., Index No. 810493/2022 (Sup. Ct., Bronx Cnty. 2024)
Congratulations to the defense team for for securing summary judgment dismissal for defendant Moretran Lease Services LLC in Supreme Court, Bronx County, before Hon. John A. Howard-Algarin. The court ruled that Moretran was shielded from liability under the Graves Amendment, which preempts vicarious liability claims against vehicle leasing companies.

This case arose from a 2021 motor vehicle accident in which a 2020 truck owned by Moretran and leased to Delicias Real Fruit II LLC was involved in a collision while operated by co-defendant Aurora G. Bernard. The plaintiff alleged that Moretran was negligent in its ownership, operation, and maintenance of the vehicle.

The court found that Moretran was engaged in the business of leasing vehicles and had no direct involvement in the operation of the truck at the time of the accident.
The lease agreement explicitly transferred maintenance responsibilities to the lessee and Moretran had no record of complaints or mechanical issues with the vehicle, eliminating any claim of negligent maintenance.

The court granted Moretran’s motion for summary judgment, dismissing all claims against it. This decision reinforces the protections of the Graves Amendment and highlights the defense team’s strong pre-trial strategy to eliminate contractual claims.

Sena, et al. v. Avila, et al., Index No. 816565/2022E (Sup. Ct., Bronx Cnty. 2024)
Congratulations to the defense team for securing summary judgment dismissal of the counterclaim against Sena in Supreme Court, Bronx County, before Hon. Bianka Perez.

Sena’s vehicle was rear-ended while stopped or stopping by a vehicle owned by Pelham Bay Beverage Inc. and operated by Robert Avila. The court found that defendant Avila failed to maintain a safe following distance, violating Vehicle and Traffic Law §1129, which establishes a prima facie case of negligence in rear-end collisions.

This ruling highlights the team’s success in defending against unfounded liability claims in rear-end collision cases.
 

Dessouky v. Ventura et al., Index No. 600262/2021 (Sup. Ct., Nassau Cnty. 2022)
Congratulations to the defense team for securing summary judgment dismissal of the third-party complaint against Disha Lumsir in Supreme Court, Nassau County, before Hon. James P. McCormack. The court granted Lumsir’s motion in full, finding she was not a proximate cause of the multi-vehicle accident at issue.

This case arose from a four-car chain-reaction collision on the Southern State Parkway. Lumsir, the lead vehicle, stopped to avoid hitting a car ahead. Plaintiff Dessouky’s vehicle made light contact with Lumsir’s, but was then struck from behind by a vehicle operated by Liliana Ventura, causing a second, heavier impact. Ventura brought a third-party complaint against Lumsir, which the court dismissed.

The court ruled that Lumsir was lawfully stopped in traffic and was rear-ended twice through no fault of her own. Ventura failed to raise any triable issue of fact, especially in light of her own testimony that she was following less than a car length behind and traveling at 20–25 mph in traffic.

The decision reinforces the protections for lead drivers lawfully stopped in traffic and highlights the defense team’s success in eliminating unfounded third-party claims. Congratulations to the team on this win.

Marte v. Pena et al., Index No. 816712/2021E (Sup. Ct., Bronx Cnty. 2022)
Congratulations to the defense team for securing summary judgment dismissal in Supreme Court, Bronx County, before Hon. Ben R. Barbato. The court granted the motion to dismiss the complaint against defendants on default and without opposition.

Congratulations to the team on a clean procedural win.