Castro v. Thompson et al., Supreme Court, New York County, June 3, 2010 In a dramatic turn of events, Barry Jacobs and associate Shari Sckolnick obtained dismissal of a legal malpractice claims against the defendant law firm. An underlying divorce action had involved the appointment of a partner of the firm—not the firm itself—as a…

Mohammed Keita v. Bank of America, N.A., QBE First Insurance, and AIG Insurance (Civil Action No.: 1:17-CV-880 (ENV)(SLT)) (E.D.N.Y. August 21, 2018) The action was one of at least 16 commenced by this pro se plaintiff, an “incessant filer of claims”, in the Southern District alone, naming various insurers, agents, banks and others as defendants.…

Bridgitte Decker, et al. v. Nagel Rice, LLC, et al., United States District Court, Southern District of New York, May 28, 2010 Barry Jacobs and associate Shari Sckolnick won a dismissal of all claims against the client law firm, brought by a group of individuals who had survived an Austrian ski train fire in 2000.…

Hendrix v. Jinx-Proof LLC, et al., Supreme Court, New York County, April 30, 2010 Associate Jessica Napoli obtained partial summary judgment on behalf of the client bar owner in a personal injury action brought by a patron. Plaintiff claimed that as closing time approached at Beauty Bar, an altercation arose between her friends and a…

Mazyck v. 1 800 Plan, LLC and Bergen Homes Condominium, Supreme Court, Kings County, June 14, 2010 In an action defended by Abrams Gorelick’s Glenn Jacobson and associate Jessica Napoli, the Court granted building owner’s motion for summary judgment dismissing the slip-and-fall negligence complaint. Testimony by the defendant’s representative established that the company had “cleaned…

Appiah v. Adjei, et al., Index 21939/2014E (Bronx Cty. November 30, 2018) The transcript of Oral Argument on defendants’ motion for summary judgment provides an interesting look into the thought process of a working judge. In his decision placed on the record, the Honorable John R. Higgitt, J.S.C., granted the defendants’ motion for summary judgment…

Ogando, et al. v. National Freight, Inc., et al., ___ A.D.3d ___ (1st Dep’t 2018) A unanimous Appellate Division panel affirmed the Bronx court’s Decision dismissing a motor vehicle accident Complaint, agreeing that neither of the two plaintiffs who were allegedly injured in the subject automobile accident had sustained a “serious injury” required under Insurance…

Ray v. Paris Limousine Service Corp., et al., 300606/2016 (Sup. Ct. Bronx Cty. Dec. 31, 2018) Defendant was traveling in stop-and-go heavy traffic at a speed of one to five miles per hour when struck from behind by plaintiff’s vehicle. Applying well-settled law, a Bronx court granted summary judgment on liability to the defendant, dismissing…

cQueen v. Parks, Index No. 0308964/2012 (Sup. Ct. Bronx Cty. January 9, 2019) Plaintiffs were ordered on no less than five occasions to furnish a response to the defendant’s post-Examination Before Trial demands. The responses never arrived, and a Bronx court dismissed plaintiff’s Complaint. The process took more than a year. Defendant served post-EBT demands…

Ray v. Paris Limousine Service Corp., et al., 300606/2016 (Sup. Ct. Bronx Cty. Dec. 31, 2018) Defendant was traveling in stop-and-go heavy traffic at a speed of one to five miles per hour when struck from behind by plaintiff’s vehicle. Applying well-settled law, a Bronx court granted summary judgment on liability to the defendant, dismissing…