Avgush v. Jerry Fontan, Inc., et al., ___ A.D.3d ___ (1st Dep’t 2018) New York’s Appellate Division, First Department, unanimously affirmed summary judgment dismissing an action brought in notoriously plaintiff-friendly Bronx County. The details of the accident were previously reported in these pages. (See “Defendants granted summary judgment in claim for permanent loss of vocal…

Ray v. Paris Limousine Service Corp., et al., 300606/2016 (Sup. Ct. Bronx Cty. Dec. 31, 2018) Click on this link to view additional information in pdf format 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…

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…

by Thomas R. Maeglin Two recent decisions from courts in New York reflect, in different ways, the difficulties posed by efforts to deal with the losses resulting from prescription opioids. Readers may be familiar with large-scale litigation pending in federal and state courts, in which states, counties, cities and towns are suing drug manufacturers, distributors,…

Carmen Rodriguez v. George Rodriguez, Matadeen Chandrika, Jose Barzallo, Jose Zumba, Index No. 153682/2016 (Sup.Ct. March 11, 2019) A New York County court granted the defendant’s motion for summary judgment upon evidence that he did not breach any duty to plaintiff and was not liable for injuries she received while riding as a passenger in…

Giron v. NYCHA, Index No. 22599-2016E (Sup.Ct. Bronx Cty. 2019) Plaintiff alleged she fell on a snow-covered exterior staircase that had not been shoveled, salted, sanded or cleaned, claiming that it had snowed the night before her fall but was not snowing at the time of the accident. She sued the owner of the staircase,…