The post Another Win for BMMP appeared first on Bongiorno, Montiglio, Mitchell & Palmieri, PLLC.

Aigul E. Sarvarova and Angelo J. Bongiorno were successful in obtaining summary judgment in the case of M.L., etc. v. City of New York, et al., Queens County, Justice Ulysses B. Leverett.  The plaintiff, a 3 ½ year-old infant at the time of the alleged accident, was a passenger on a school bus that was involved in a collision with another motor vehicle. The infant plaintiff, by his mother and natural guardian, brought an action claiming personal injuries, naming The City of New York, New York City Department of Education, the respective drivers, the school bus company, and the school that he attended at the time, as defendants.  Plaintiff alleged inter alia that the City defendants were negligent in the maintenance of the stop sign at the intersection where the subject accident took place.  In particular, the plaintiff claimed that there was a missing stop sign at the subject intersection, which caused the alleged accident.  Upon conclusion of discovery, the City Defendants moved for summary judgment arguing inter alia that they lacked prior notice of the allegedly missing stop sign.  That motion was Denied by Judge Leverett, and The City defendants moved to reargue.  At oral arguments before Judge Leverett, we were able to demonstrate to Judge Leverett that he overlooked the evidence showing that after receiving notice, the City replaced the stop sign about two weeks before the accident and did not receive notice of the stop sign missing again until after the accident had occurred.  After re-evaluation of the evidence that we presented, Judge Leverett Reversed his prior decision and Granted the City defendants’ motion for summary judgment, holding that the evidence showed that the City defendants did not have notice of the allegedly missing stop sign prior to the subject accident.

The post BMMP’s Aigul Sarvarova & Angelo Bongiorno win summary judgment appeared first on Bongiorno, Montiglio, Mitchell & Palmieri, PLLC.

The case involved a fourth-grade student at Jackson Ave Elementary School who was injured during recess. On the date of the accident the infant plaintiff and seven friends were playing touch football in the field adjacent to the playground equipment.

The infant plaintiff and his friends were advised by the recess aides as to the accepted boundaries to be used for the football field to ensure that the boys did not play too close to the playground equipment. Several times during the school year the boys attempted to extend the boundaries of the football field and were repeatedly warned by the recess aides to keep the football game limited to the accepted boundaries and to be sure to stay back from the playground area. The boys would obey the instructions of the recess aides for a period of time and then attempt to extend the boundaries of the field again.

The infant plaintiff testified that on the day of the accident the boys extended the boundaries of the football field even though they knew they were not supposed to. This extension of the field caused the football game to be played immediately adjacent to the playground area. During the football game, the infant plaintiff went out for a long pass which went beyond the back of the endzone and ran into a piece of playground equipment sustaining significant dental injuries.

The Plaintiff produced for trial testimony the infant plaintiff, his mother and an expert in physical education and recess. The two recess aides that were present on the date of the accident testified as well.

The jury returned a unanimous verdict of no negligence on behalf of the School District.

The post M.P., infant v. Mineola Union Free School District, Supreme Court, Nassau County 2019 appeared first on Bongiorno, Montiglio, Mitchell & Palmieri, PLLC.

The post Carpenter v. DL Peterson Trust, Supreme Court, Suffolk County 2019 appeared first on Bongiorno, Montiglio, Mitchell & Palmieri, PLLC.