Partner Robert Yenchman successfully moved for summary judgment in an action venued in Suffolk County. In this labor law case, the plaintiff brought suit to recover damages for injuries he sustained when a scaffold that he was using tilted over, causing him to fall. Our client was a site safety consultant on the project. After […]
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Associate Caroline Hock obtained a permanent stay of arbitration on behalf of an insurer in a coverage dispute pending before the Supreme Court in Queens County, which centered on whether the driver of a motor vehicle was an “insured” pursuant to the uninsured/underinsured motorists section of the subject insurance policy issued to the driver’s domestic […]
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Attorney Ross Ruggiero obtained summary judgment for his client, a landlord and property manager, in Bronx County. At the start of discovery, Ross served a Notice to Admit on the plaintiff with a photo of the accident location, which was circled for the purpose of the plaintiff identifying said location. The Notice to Admit was […]
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Attorney Megan Murphy prevailed on a motion for summary judgment on behalf of our client, a County governmental entity. The matter involved a trip and fall incident based upon an alleged defect within a parking lot. Megan successfully argued that our client did not owe any duty of care to the plaintiff. Additionally, she argued […]
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Attorney Stephen Macho successfully obtained summary judgment in a medical malpractice action. The plaintiff alleged a failure to timely diagnose laryngeal cancer against our client, an emergency room physician. The Supreme Court, Bronx County, found the emergency room treatment rendered by our client and subsequent transfer to a hospital for further work up was appropriate […]
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Senior Counsel Michael J. Del Piano recently won an arbitration against the New York State Department of Health (DOH) regarding its requirement that certain employees in DOH regulated facilities (i.e., hospitals, nursing homes, etc.) receive the COVID-19 vaccination or lose their jobs. DOH sought to terminate the employee, who objected to receiving the COVID-19 vaccination […]
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Lewis Johs Avallone Aviles, LLP is proud to announce that Thomson Reuters’ Super Lawyers has recognized 22 attorneys from the firm on the New York Metro Super Lawyers and Rising Stars lists for 2022. The Super Lawyers selection process includes independent research, peer recognition and professional achievement. Each year, only five percent of attorneys in […]
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Associate Tim Cameron obtained summary judgment, on liability grounds, in a personal injury action venued in New York County Supreme Court. In this premises liability case, plaintiff sued for personal injuries allegedly sustained when she tripped and fell on an alleged defect in a sidewalk abutting a gas station. In his motion, Tim argued that […]
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Associate, Ross Ruggiero, recently won an Arbitration before the American Arbitration Association for his client, an out-of-state insurer. The Applicant argued that the insurer was required to pay No-Fault benefits under the New York State Insurance Law; however, Ross argued that the Applicant did not have personal jurisdiction over the out-of-state insurer due to the […]
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Partner Jason Katz obtained dismissal of plaintiff’s complaint in a motor vehicle action where the issue centered on “permissive use” of his client’s vehicle as that term is defined in Vehicle and Traffic Law Section388(1). That section makes every owner of a vehicle liable for injuries resulting from negligence in the “use or operation of […]
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