Giovanelli v. Minrod Realty Corporation, et. al., 237 A.D.3d (2nd 2025) – (premises liability / personal injury) – successfully defended appeal seeking reversal of summary judgment in favor of insured tenant in a personal injury action arising out of a bicyclist’s claim that the driveway in front of insured’s car wash was slippery as a result of the cleaning products the insured used. Established that insured car wash did not have notice of a slippery condition on its driveway, that plaintiff’s photographs were inadmissible, and that plaintiff’s expert affidavit was speculative and conclusory. Plaintiff claimed to have sustained a shoulder tear requiring arthroscopic repair.
Smith v. 3173 Gas Corp., 216 A.D.3d 1192 (2nd 2023) – (premises liability / personal injury) – successfully defended appeal seeking reversal of summary judgment in favor of insured tenant in a personal injury action arising out of a slip and fall on an exterior exit ramp. Established that no defect existed, that plaintiff fell due to an ongoing rainstorm, and that plaintiff could not demonstrate any specific statutory safety violations. Plaintiff claimed to have sustained a shoulder tear requiring arthroscopic repair.
Doherty v. 730 Fifth Upper, LLC, et.al., 222 A.D.3d 516 (1st Dep’t 2023) – (premises liability / personal injury) – successfully defended appeal seeking reversal of lower court order granting summary judgment to a non-exclusive property manager holding that it did not owe a direct duty to plaintiff, having not entirely displaced the property owner’s obligation to maintain its own property.
McSpedon v. Levine, et. al., 158 A.D.3d 618 (2nd 2018) – (legal malpractice) – successfully defended appeal seeking reversal of court order granting insured attorney’s motion for summary judgment seeking dismissal of the causes of action sounding in conspiracy to commit fraud and aiding and abetting breach of fiduciary duty. The action involved alleged sham adult adoption to circumvent the provisions of a trust fund.
Stevens v. Law Office of Blank & Star, PLLC, 155 A.D.3d 917 (2nd 2017) – (legal malpractice) – successfully defended appeal seeking reversal of court order denying plaintiff’s motion to enter a default judgment in a malpractice case seeking $12,000,000 and granting insured’s motion to dismiss. Plaintiff sued insured client alleging that the law firm committed legal malpractice and commenced several actions against insured. The Appellate Division held that the Supreme Court properly denied plaintiff’s motion for leave to enter a default judgment against insured law firm and that the Supreme Court properly granted insured’s motion to dismiss the complaint.
CB Richard Ellis, Inc. v. Harleysville Ins. Co. of N.J., 140 A.D.3d 412 (1st Dep’t 2016) – declaratory judgment – successfully defended appeal on the application of New Jersey state Law, granting to CB Richard Ellis, Inc. the right to a defense and reimbursement of legal fees in the defense of an underlying substantially valued case involving seven surgeries case under Harleysville’s policy.
O’Connor, et al. v. Metro Management Development, Inc., et al., 130 A.D.3d 698 (2nd Dep’t 2015) – (premises liability / personal injury) – successfully appealed denial of summary judgment on behalf of insured building owner in a personal injury action arising out of a fall down in an interior staircase that lacked lighting. Established that plaintiff could not prove that the lack of lighting was the proximate cause of the accident as there was evidence that he was intoxicated at the time of the accident. Plaintiff claimed to have sustained a documented traumatic brain injury, as well as numerous fractures.
National Union Fire Insurance Company a/s/o Madison Haywood v. Jackson Transit Authority, 127 A.D.3d 490 (1st Dep’t 2015) – (personal injury / subrogation) – successfully appealed denial of defendant’s motion to dismiss plaintiff’s complaint for failure to establish jurisdiction over non-domiciliary defendant or any reasonable basis on which to conduct discovery into the jurisdictional issue.
Goodlow v. 724 Fifth Avenue Realty, LLC, et al., 127 A.D.3d 1138 (2nd Dep’t 2015) – (premises liability / contract / personal injury) – successfully appealed denial of summary judgment on behalf of insured building owner seeking contractual defense and indemnification from elevator contractor. This action involved allegations of a malfunctioning elevator that resulted in serious back injuries to plaintiff, including a lumbar spine microdiscectomy. Recovered approximately ninety (90%) percen6t of defense costs incurred for insurance carrier and obtained full indemnification from elevator contractor for the subject loss.
Li v. 37-65 LLC, 114 A.D.3d 538 (1st Dep’t 2014) – (premises liability / personal injury) – successfully defended appeal seeking reversal of summary judgment in favor of insured building owner in a personal injury action arising out of a fall down an interior spiral staircase. Established that defect was not a significant structural defect and that plaintiff could not demonstrate any specific statutory safety violations. Plaintiff claimed to have sustained a fractured wrist requiring Open Reduction Internal Fixation and alleged that he was unable to return back to his pre-accident employment.
Wachspress v. Central Parking System of New York, Inc., 111 A.D.3d 499 (1st Dep’t 2013) – (premises liability / personal injury) – in this case of first impression, successfully appealed denial of summary judgment and secured dismissal of plaintiff’s complaint where plaintiff tripped and fell over a wheel stop within a open-air parking lot in New York County. While plaintiff claimed that defendant’s employees pointed her to a route that required her to walk past the wheel stop in question, the Court determined that the wheel stop, which was in sufficient contrast with the ground, was open and obvious and not inherently dangerous. Plaintiff claimed to have sustained a fractured hip, which required a total hip replacement.
American International Insurance Company a/s/o Mortimer Zuckerman v. A. Steinman Plumbing & Heating Corp., et al., 93 A.D.3d 559 (1st Dep’t 2012) – (premises liability / property damage) – successfully defended appeal seeking reversal of summary judgment in favor of insured building owner dismissing multimillion-dollar property damage case. Mortimer Zuckerman’s (owner of New York Daily News and Boston Properties) insurance carrier sought in excess of $3,000,000 in property damage against insured client relating to a water leak that occurred in his 6,000 square foot apartment located on Fifth Avenue in Manhattan. The Appellate Division affirmed the dismissal of the action in its entirety.
Brown v. Andreoli, 81 A.D.3d 498 (1st Dep’t 2011) – (motor vehicle / personal injury) – successfully appealed denial of defendant’s motion to dismiss plaintiff’s complaint upon showing that plaintiff failed to demonstrate reasonable excuse for failing to move for default judgment as against defendant unit more than a year after defendant’s time to answer had expired.
Castore v. Tutto Bene Restaurant, Inc. d/b/a Chelsea Restaurant, 77 A.D.3d 599 (1st 2010) – (premises liability / personal injury) – successfully defended appeal seeking reversal of summary judgment in favor of insured restaurant in a slip and fall case involving plaintiff. Plaintiff was a customer in the insured’s restaurant and claimed that she slipped on the staircase leading downstairs to the bathroom. The insured successfully argued that it did not have knowledge of the existence of a dangerous condition. The Appellate Division rejected the opinions of plaintiff’s expert claiming that the accident was likely caused by the existence of a single step at the bottom of the landing and the absence of a handrail. Plaintiff sustained multiple fracture and required cervical spine fusion.
Bisogno v. 333 Tenants Corp. Co-Op, et al., 72 A.D.3d 555 (1st Dep’t 2010) – (premises liability / personal injury) – successfully defended appeal seeking reversal of summary judgment in favor of insured building owner dismissing trip and fall action that resulted in a significant wrist injury required Open Reduction Internal Fixation on an elderly woman. The Appellate Division affirmed the dismissal against the insured building based on lack of notice of the alleged defective condition.
Parra v. Allright Parking Management, Inc., et al., 59 A.D.3d 346 (1st Dep’t 2009) – (labor law / personal injury) – successfully appealed lower court’s denial of summary judgment on behalf of parking lot management company in Labor Law § 240(1) action involving asbestos abatement worker. Appellate Division reverse the lower court and dismissed plaintiff’s case in its entirety after granting summary judgment to plaintiff pursuant to Labor Law § 240(1). Plaintiff claimed to have been disabled and required multiple lumbar and cervical surgical procedures as a result of the accident.
Kane v. Triborough Bridge & Tunnel Authority, et al., 8 A.D.3d 239 (2nd Dep’t 2004) – (motor vehicle / personal injury) – successfully defended appeal seeking to set aside jury verdict in favor of insured motor vehicle operator dismissing entire case against insured. Action involved crossover head-on collision with catastrophic injuries.
Fraguarda v. M&M of Bruckner, Inc., et al., 5 Misc.3d 45 (1st Dep’t 2004) – (premises liability / personal injury) – successfully appealed lower court’s denial of summary judgment on behalf of property owner in action involving trip and fall accident. Established that the alleged defect was not the proximate cause of the accident.
