News

Erol B. Gurcan, Associate

Erol Gurcan Wins Summary Judgment On Serious Injury Threshold

On November 1, 2018, Erol Gurcan successfully obtained summary judgment and dismissal of plaintiff’s claims pursuant to New York Insurance Law Section 5102(d) in the matter of Naumenko and Makhover v. Caquias (Supreme Court, Kings County, Index No. 503601/2014) . The motion sought dismissal of all claims filed by plaintiff, Svetalana Makhover, who alleged that […]

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Jon Pisiewski, Associate

Jon Pisiewski Wins Reversal And Dismissal Of Plaintiff’s Case In Second Department

On July 18, 2018, Jon Pisiewski obtained a reversal of the trial Court’s decision and dismissal of the plaintiff’s complaint against our client from the Appellate Division, Second Department in Duncan v. 112 Atlantic Realty, LLC.  The plaintiff claimed that he tripped and fell when his foot became caught under the edge of a trench

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Steven Dyki

Steven Dyki Prevails On Summary Judgment Motions In Kings County Labor Law Case

On June 7, 2018, Steven Dyki successfully obtained dismissal of the plaintiff’s claims for negligence and violations of Labor Law sections 200 and 240(1) in Cruz v. 1142 Bedford Avenue, Index No.: 505075/2013 (Sup. Ct., Kings County).   Mr. Dyki also obtained dismissal of all of the plaintiff’s claims of violation of Labor Law section 241(6)

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William C. Lawlor

William Lawlor Wins Summary Judgment Dismissing Labor Law Case In Kings County

On May 24, 2018, William Lawlor won summary judgment dismissing the plaintiffs’ complaint in Wloch v. JDT Realty Enterprises, Index No. 511922/2014 (Sup. Ct., Kings County).  The plaintiff, a union construction worker, claimed that he sustained a traumatic brain injury and injuries to his shoulder, neck and lumbar spine when he was struck on the

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Premises Owner Entitled To CPLR Article 16 Protection Despite Non-Delegable Duty

By Jessica M. Erickson

The owner of real property in New York has a non-delegable duty to maintain the premises in a reasonably safe condition. Although it would appear that a non-delegable duty is an exception to the apportionment of CPLR Article 16, §1602(2)(iv) is actually a “savings provision” that allows a premises owner found less than 51% liable to apportion the liability with responsible tortfeasors.

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New York Court of Appeals Rules on the Interplay Between Worker’s Compensation Law §29(6) and Vehicle and Traffic Law §338

By Lindsey S. Lamonica

This matter was referred to the New York State Court of Appeals by the United States Court of Appeals for the Second Circuit for a decision concerning the relationship between the Workers’ Compensation Law and the Vehicle and Traffic Law, when a plaintiff is injured in an automobile accident and one of the tortfeasors is a co-worker otherwise protected from liability under the Workers’ Compensation Law.

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Recent Decision Concerning Admissibility of Expert Testimony of Biomechanical Engineer

By Barbara A. Hayes

The Appellate Division, First Department recently issued a decision broadly expanding the admissibility of the expert testimony of a biomechanical engineer. In Vargas v Sabri, 115 AD3d 505 [1st Dept 2014], the First Department upheld the decision denying plaintiff’s request for a Frye hearing to determine the admissibility of the testimony of Dr. Callum McRae.

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Liberal Interpretation of Labor Law § 240(1) in Fernandez And The Need For Thorough Deposition Questioning

By Jon P. Pisiewski

On occasion, when conducting a deposition, attorneys find themselves confronted with an opposing counsel improperly objecting to “irrelevant” or follow-up questions about something the witness denied. However, thorough questioning anticipating potential pitfalls may often lead to asking the crucial question that can turn a case.

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