On September 15, 2023, Alexandra Zerrillo and Jeffrey Nichols secured a summary judgment win on behalf of a Brooklyn venued nursing home client. Plaintiff alleged medical malpractice, negligence, and violations of the Public Health Law against the nursing home defendant based upon an alleged failure to prevent the development and deterioration of numerous pressure ulcers. […]
On August 23, 2023, Nicole Salerno and Tyler Fiorillo secured summary judgment on behalf of their hospital client in Orange County Supreme Court. The case involved claims of medical malpractice and wrongful death, in which Plaintiff-Administrator alleged that the negligent conduct of the defendants during decedent’s approximate two (2) week admission to the hospital, resulted […]
Adonaid Medina, Mike Diven and Dylan Braverman obtained dismissal of medical malpractice claims brought against a Manhattan Hospital affiliated with the largest medical system in New York. Plaintiff was represented by aggressive plaintiff’s counsel who opposed dismissal by way of two expert opinions arguing that there was malpractice associated with a two stage anterior discectomy […]
The COVID-19 team prevailed in a pre-answer motion to dismiss an almost 50-page Complaint containing Eight Causes of Action against a New York City Nursing Home. Plaintiff claimed that there was poor infection control policies and a failure to comply with CDC and New York Department of Health COVID-19 policies, leading to the patient’s exposure […]
Patricia Comblo and Dylan Braverman secure summary judgment win in favor of physician client in Bronx County Supreme Court wrongful death action. Plaintiff alleged medical malpractice regarding a failure to diagnose and treat acute myelogenous leukemia. The VBPNP team argued there was no viable claims as against their client. Specifically, it was argued their client […]
Joshua Cohen and the COVID-19 Team won a motion for Summary Judgment dismissing a case with prejudice for a Gastroenterologist based on EDTPA immunity. The plaintiff had a history of gastroesophageal reflux disease, dyspepsia and constipation. Shortly after the COVID-19 Emergency Declaration, the plaintiff was seen in the physician’s office complaining of constipation and had […]
Dylan Braverman and Tyler Fiorello moved to dismiss the claims against their client, a radiologist employed by a major metropolitan area academic research hospital. The patient presented to the Emergency Department with flu-like symptoms on January 10, 2021 (the second wave of COVID-19 in the NYC Metropolitan area). The ED attending suspected COVID-19 and ordered […]
Jason J. Lavery and William H. Gagas secured a substantial appellate victory from the Appellate Division, First Department, affirming summary judgment for our clients and dismissing the entirety of plaintiffs’ $30+ million property damage claim. Jason and William defended one of the City’s largest property owners in a lawsuit brought by a neighboring landowner to […]
On December 6, 2022, Thomas P. Jaffa secured summary judgment in favor of his electrical contractor client and defeated the third-party plaintiff’s motion as to the client in Supreme Court, Suffolk County. Plaintiff’s Labor Law action alleged a fall from a scaffold as a result of the scaffold wheel becoming lodged into an opening on […]
Partner, Neil Mascolo, wins summary judgment for Harleysville Insurance Company in a Declaratory Judgment action. Neil sought additional insured coverage for his client, a GC, in a Labor Law 240(1) and 241(6) case. The defendants were two separate insurers for two different subcontractors. The insurers denied the tender of coverage based on their argument that […]