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…

Martinez v. Pena, et al., Index 161979/2014 (Adam Silvera, J.,Sup.Ct. N.Y.Cty. April 11, 2019) Plaintiffs were injured in an automobile accident involving defendant Pena who, when at the moving defendant’s bar earlier in the evening, was allegedly served alcohol while visibly intoxicated in violation of New York’s Dram Shop Act. Later that night, Pena lost…

Cynthia Moctezuma v. Luis Garcia, ___ A.D.3d ___ (1st Dep’t 2019) A four-judge panel found no difficulty in affirming a Bronx court’s decision granting summary judgment ruling that plaintiff failed to establish that her injuries were causally related to the subject motor vehicle accident. The Appellate Court held, that defendants met their burden establishing a…

Olivare v. Tomlin, Index No. 303336/2016 (Sup. Ct. Bronx Cty. 2019) In a fact-sensitive motion involving multiple physician affirmations and party testimony, Plaintiff’s auto accident claims were dismissed by a Bronx Court after defendant showed that plaintiff did not sustain a “serious injury” within the meaning of Insurance Law section 5102(d). Plaintiff alleged he had…