Supreme Court Queens County Archives - Bongiorno, Montiglio, Mitchell & Palmieri, PLLC

Supreme Court, Queens County Dismisses Complaint Against Fire Insurer

BMMP — Fri, 06 Oct 2023 14:53:53 +0000

On September 21, 2023, in Xiao Dong Lin v. Hyundai Marine & Fire Insurance Company, et al., Judge Sally E. Unger granted our pre-answer motion to dismiss the complaint, based on documentary evidence, and held that our client rightfully rescinded the subject fire insurance policy due to material misrepresentation. The plaintiff argued that based on policy renewals, plaintiff’s material misrepresentation was waived. In contrast, BMMP’s William J. Mitchell presented undeniable and uncontroverted evidence of a material misrepresentation in the insurance application, which allowed the insurer to void the policy ab initio. The Court dismissed the complaint in its entirety. The Decision can be read here

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Another Win for BMMP

Neil Palmieri — Tue, 28 Apr 2020 14:29:33 +0000

Angelo J. Bongiorno and Alexys M. Carter of Bongiorno, Montiglio, Mitchell & Palmieri, PLLC were successful in obtaining dismissal for our client, Greater Jamaica Development Corp. in the case of Celso-Lasose v. Greater Jamaica Development Corp., et al., Queens County, Justice Denis J. Butler. The plaintiff, 49 years old at the time of the alleged accident, was a construction worker who was involved in a work-related accident in July 2018. The plaintiff commenced an action claiming negligence and violations of the NYS Labor Law Sections 200, 240(1) and 241(6) Plaintiff alleged inter alia that Greater Jamaica Development Corp. was the owner and general contractor at the time of the plaintiff’s accident. He further alleged that Greater Jamaica Development Corp. violated Labor Law Section 200, 240(1) and 241(6). Our office reached out to plaintiff’s counsel on numerous occasions and provided documentation evidencing that our client had sold the property three years prior to the plaintiff’s accident. Plaintiff refused to discontinue the action against Greater Jamaica Development Corp. and motion practice ensued. We argued that our client did not own the property at the time of the accident and is not a proper party to the action. That motion was granted by Judge Butler dismissing the plaintiff’s claims and all cross-claims against our client.

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Angelo J. Bongiorno’s Motion for Summary Judgment on Liability Granted in slip and fall on snow and ice case

bmp-law-admin — Sun, 11 Mar 2018 18:46:40 +0000

Angelo J. Bongiorno was successful in obtaining summary judgment dismissing the plaintiff, Ofra Ruth Rodriguez’ Complaint and all cross-claims against homeowners, Rabindra Nandlall, Vivakanand Nandlall, and Deolall Nandlall.

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.

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Emile v. O’Connell, Supreme Court, Queens County 2014

bmp-law-admin — Mon, 13 Jan 2014 15:54:39 +0000

Thomas A. Montiglio was successful in obtaining a defense verdict in the case of Emile v. O’Connell, Supreme Court, Queens County 2014 – Defense Verdict – The Plaintiff and the client were involved in an intersection where each driver alleged that the other driver ran the red light causing the accident. The jury returned a verdict of no negligence on behalf of the client.

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Kevin J. Banigan v. Greater Jamaica Development Corporation and Queens Economic Development Corporation Supreme Court / Queens County 2010

bmp-law-admin — Mon, 18 Oct 2010 20:46:57 +0000

Angelo J. Bongiorno was successful in obtaining summary judgment dismissing the plaintiff’s claims and all cross-claims against Greater Jamaica Development Corporation.

The plaintiff, Kevin J. Banigan, sustained injuries when he tripped and fell on a public sidewalk, walkway and/or curb in front of the Queens County, Civil Courthouse. Plaintiff alleged that Greater Jamaica Development Corporation operated, maintained, managed, controlled, inspected, repaired, performed construction work on sidewalk, walkway and/or curb in front of the Queens County Courthouse.

The Honorable Allan B. Weiss Granted defendants motion for summary judgment dismissing all plaintiff’s claims against Greater Jamaica Development Corporation due to the fact that counsel for plaintiff could not prove that Greater Jamaica Development Corporation had any involvement in the operation, maintenance, management, controlling, inspecting, repairing, performance of construction work on the sidewalk, walkway and/or curb in front of the Courthouse. In addition, Judge Weiss found the plaintiff was not able to articulate any reasonable basis to bring and maintain an action against Greater Jamaica Development Corporation.

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