Grosswirth v. Prata, Index No. 53681/2016 (January 17, 2019) A Westchester County court granted summary judgment to a defendant vehicle operator, dismissing not only claims by the plaintiff but cross-claims and third-party claims too. Defendant operated vehicle number three out of the twelve involved in an accident that occurred on the Hutchinson River Parkway. Plaintiff…

Curiotto v. Garcia, et al., Index No. 304127/2014 (Sup. Ct. Bronx Cty. 2019) Plaintiff’s slip and fall accident could not be traced to any leak from defendant’s van. Accordingly, the Court granted defendant’s motion for summary judgment. Plaintiff allegedly slipped and fell on a sidewalk abutting the home where the defendant pet grooming company parked…

Cynthia Moctezuma v. Luis Garcia, Index No. 20483/2016E (Sup. Ct. Bronx Cty. December 17, 2018) Citing extensive orthopedic, neurological and radiological expert reports, a Bronx Court granted summary judgment to a defendant in a motor vehicle accident case, dismissing the Complaint pursuant to New York State Insurance Law section 5102(d). Medical examinations reflected numerous ailments…

Cynthia Moctezuma v. Luis Garcia, Index No. 20483/2016E (Sup. Ct. Bronx Cty. December 17, 2018) Citing extensive orthopedic, neurological and radiological expert reports, a Bronx Court granted summary judgment to a defendant in a motor vehicle accident case, dismissing the Complaint pursuant to New York State Insurance Law section 5102(d). Medical examinations reflected numerous ailments…

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,…

Monterae Boglin v. New York City Housing Authority, Index No. 305089/2015 (Sup.Ct. Bronx Cty. 2019) A Bronx Supreme Court granted summary judgment dismissing a personal injury action where defendant demonstrated it neither created nor had actual or constructive notice of a dangerous condition in the form of a hanging metal light fixture cage in a…

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 Abrams Gorelick Associate Dennis J. Monaco. Abrams Gorelick maintained the hardline position that plaintiff’s injuries were insufficient to qualify as a ‘serious injury’ under…

1840 Concourse Associates LP v. Praetorian Insurance Company f/k/a Insurance Corporation of Hannover, Mo. No. 2012-616 (August 30, 2012) The Court of Appeals has denied plaintiff’s motion for leave to appeal in a case previously reported in Newswire. (See “Appellate Division affirms summary judgment order: Finds Signed Statement in Proof of Loss does not create…

Mike Gorelick presented at the New York State Bar Association continuing legal education program on “The Examination Before Trial – Honing Your Deposition Skills” at the New Yorker Hotel in New York City.