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Auto collision plaintiff discontinues voluntarily on courthouse steps

Francis Parra v. J&C Beverage Corporation and Cesar Brioso, Supreme Court, New York County, Index No. 105172/09

An aggressive defense won the day in a motor vehicle collision case defended by AGF&J Associate Dennis J. Monaco. AGF&J maintained the hardline position that plaintiff’s injuries were insufficient to qualify as a ‘serious injury’ under New York State Insurance Law and refused to make a settlement offer, even after plaintiff obtained summary judgment on liability and the Court had rejected arguments that expert evidence showed there was no “serious injury”. On April 9, 2012, Mr. Monaco appeared before Judge Silver at 80 Centre Street for jury selection, fully prepared to try the case to verdict. Instead, plaintiff’s counsel executed a Voluntary Stipulation of Discontinuance with prejudice as to AGF&J’s clients.