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The post Guzman v. The City of New York and Carlo Lizza & Sons Paving, Inc. New York County, Successful Summary Judgment 2019 appeared first on Bongiorno, Montiglio, Mitchell & Palmieri, PLLC.

The plaintiff, Ofra Ruth Rodriguez, claimed to have slipped and fell on snow and ice covering a sidewalk between Mr. Bongiorno’s clients’ home and the codefendant’s home.  The plaintiff testified that on the morning of the accident it had snowed and had almost stopped when she was leaving her house.  Plaintiff conceded that there was freshly fallen snow when she slipped and fell.

The Honorable Frederick D. R. Sampson found that Mr. Bongiorno’s clients were exempt by NYC Administrative Code 7-210 as owner-occupied two family homeowners that exclusively use the home for residential purposes as well as that pursuant to the Storm in Progress Doctrine, defendants did not owe a duty of care, as an adequate period of time did not elapse after the snow stopped entirely.  Thus, Judge Sampson Granted the defendants’ motion for summary judgment and dismissed the plaintiff’s complaint and all cross claims against homeowners, Rabindra Nandlall, Vivakanand Nandlall, and Deolall Nandlall.

The post Angelo J. Bongiorno’s Motion for Summary Judgment on Liability Granted in slip and fall on snow and ice case appeared first on Bongiorno, Montiglio, Mitchell & Palmieri, PLLC.

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The plaintiff, Ciechorski (a dock builder), alleged injuries as a result of the repetitive work activity of carrying buckets of epoxy across floating platforms to fill hollow piles driven into the Hudson River floor.  New York City Economic Development Corporation retained defendant, Hudson Meridian, to provide construction management services for the demolition and reconstruction of Pier on East 34^th Street.

The Honorable Justice Debra A. James agreed with Mr. Bongiorno’s argument that Hudson Meridian was not a statutory agent of the Owner, City, or General Contractor, NYC Economic Development Corporation and Granted the defendant’s motion for summary judgment dismissing the plaintiff’s claims of violations of Labor Law 240(1), 241(6) and 200 as well as plaintiff’s claims of negligence and all cross-claims against Hudson Meridian.

The decision was Affirmed on Appeal to the Appellate Division, 1^st Department, 2017.

The post Michal G. Ciechorski v. The City of New York, New York City Economic Development Corporation and Hudson Meridian Construction Group, Inc. Supreme Court / New York County 2016 appeared first on Bongiorno, Montiglio, Mitchell & Palmieri, PLLC.

The plaintiff, Greson Martinez-Bonilla, was involved in a motor vehicle accident with the codefendant, Steven Johnson, who was driving a truck owned by our client, Ryder Truck Rental, Inc.  The codefendant, Steven Johnson, was the operator of a vehicle in the course of his employment with codefendant, Shleppers Holdings LLC, who rented the truck from Ryder Truck Rental, Inc.

The Honorable William J. Giacomo Granted defendant’s motion for summary judgement dismissing the plaintiff’s Complaint and all cross claims against Ryder Truck Rental, Inc. on that grounds that the claims were barred by the Grave Amendment.

The post Greson Martinez-Bonilla v. Ryder Truck Rental, Inc., Shleppers Holdings LLC and Steven Johnson Supreme Court / Westchester County 2016 appeared first on Bongiorno, Montiglio, Mitchell & Palmieri, PLLC.

The Plaintiff alleged that as a result of the accident she had to undergo a left total knee replacement.  The Plaintiff  was taken by ambulance from the accident to the hospital where she made complaints of bilateral knee pain.  The plaintiff treated for PT for a few months then had an unexplained 14-month gap in treatment with her orthopedist.  After beginning to treat with her orthopedist again, the Plaintiff waited another 22 months before having the knee replacement surgery.

The Plaintiff was morbidly obese and alleged that the 22-month gap was as a result of her having gastric bypass surgery to lose weight prior to having the knee replaced.  However, this need to lose weight prior to the surgery was not documented anywhere in her medical records.

The x-rays and MRI’s conducted on plaintiff’s knee showed degeneration which was also noted in the Operative Report.

The argument was set forth to the jury that the knee surgery was caused by a progressive deterioration as a result of her excessive weight during her lifetime coupled with her 25-yr. career as a postal worker.

The jury found that the knee surgery was not causally related to the accident.

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