CONGRATULATIONS
Please join us in congratulating Associate Anna Bonventre who was promoted to Partner on July 1, 2025. Ms. Bonventre has been an associate with the firm since April of 2020. Ms. Bonventre has continuously impressed the firm with her ability to work diligently to defend her clients. This promotion was well deserved. Congratulations Ms. Bonventre!
SUMMARY JUDGMENT DISMISSAL: SLIP AND FALL
In the case of Ciriclio v. Quest Diagnostic, et al. the plaintiff brought an action following a fall on a sidewalk outside of our client facility, Quest Diagnostic. Associate Gabrielle Picard moved for summary judgment. The Court granted the motion for summary judgment in favor of Quest. The Court found that the subject sidewalk was not a part of the lease agreement and serves the shopping center generally. The Court concluded that Quest did not owe a duty based on the lease agreement, did not maintain the sidewalk, or undertake any snow or ice removal in front of the storefront. The Court also noted that the that plaintiff did not submit any evidence that Quest owned, controlled, occupied, or undertook the safety of that area and plaintiff failed to raise a triable issue of fact as to Quest’s liability.
FIRST DEPARTMENT REVERSAL OF LOWER COURT DECISION DENYING SUMMARY JUDGMENT
In the case of Shequita Jackson v. Schindler Elevator Corporation, an elevator passenger brought an action against elevator maintenance company to recover damages for personal injuries she allegedly sustained when the elevator doors closed on her in the first-floor lobby of Coney Island Hospital. Partner, Angela Cutone was awarded summary judgment was granted in Kings County Supreme Court. The plaintiff appealed this decision. The Appeal was argued by Associate Shannon Hauth in the First Department. The First Department affirmed that summary judgment was appropriately granted on behalf of the SEC.
The decision notes that the defendants established prima facie that Schindler lacked actual and constructive notice of the alleged defective condition. The First Department further agreed that Schindler did not fail to use reasonable care to correct a condition which it should have been aware of. Lastly, the First Department concluded the affidavit of passenger’s expert failed to raise a triable issue of fact in opposition to SEC’s motion for summary judgment and res ipsa loquitor was not applicable to this matter.
WELCOME TO THE FIRM
In March of 2025, Miranda Ortiz joined our team as an Associate. Ms. Ortiz will be working on assisting the firm with a variety of litigation matters. Welcome Ms. Ortiz!
VOLUNTARILY DISCONTINUANCE
In the case of Cohen v. Yousefzadeh, et al., the plaintiff brought a medical malpractice action alleging that the physician failed to diagnose a perforation of a lap band during an EGD. Associate, Anna Bonventre moved for summary judgment arguing that the EGD was appropriately performed and interpreted and there was no evidence of a perforation. Following the filing of this motion, plaintiff’s counsel agreed to voluntarily discontinue this action with prejudice against our client.
WELCOME TO THE FIRM
In August of 2024, Daniel McDonough joined our team as an Associate. Mr. McDonough will be working on assisting the firm with a variety of litigation matters. Welcome Mr. McDonough!
WELCOME TO THE FIRM
In April of 2024, Gabrielle Picard joined our team as an Associate. Ms. Picard will be working on assisting the firm with a variety of litigation matters. Welcome Ms. Picard!
VOLUNTARY DISCONTINUANCE FOLLOWING
In the case of Carlucci v. Celifarco, et al. the plaintiff brought a medical malpractice action alleging that the physician perforated the plaintiff’s bowels during a colonoscopy causing the death of the decedent. This office moved for summary judgment arguing that the defendant acted consistently with the standard of care. Following the filing of this motion, plaintiff’s counsel agreed to voluntarily discontinue this action with prejudice.
SUMMARY JUDGMENT DISMISSAL: MEDICAL MALPRACTICE
In the case of Spencer v. Vogel, et al., the plaintiff brought an action alleging medical malpractice against the primary care physician alleging the physician failed to timely diagnose cancer. Associate Anna Bonventre moved for summary judgment in part arguing statute of limitations. The Court found that the defendants were entitled to summary judgment because the action was commenced more than two years six months after the last date on which the decedents primary care physician rendered professional services to the decedent. As such, the case was dismissed against the primary care physician.
SUMMARY JUDGMENT DISMISSAL: MEDICAL MALPRACTICE
In the case of Rampersad v. Symer, et al. the plaintiff brought an action against various physicians including a resident assistant surgeon. Partner, Angela Cutone moved for summary judgment on behalf of this surgeon. The Court found that the resident surgeon established a prima facie entitlement to summary judgment. The Court indicated the surgeon physician was able to established that he did not exercise independent medical judgment in treating the plaintiff decedent and acted solely within the supervision and control of the lead surgeon. Plaintiff failed to submit any evidence to the contrary. As such, this case was dismissed as against the resident surgeon.
CONGRATULATIONS
Please join us in congratulating Associate Angela Cutone who was promoted to Partner on January 1, 2024. Ms. Cutone has been with the firm since 2000. Ms. Cutone has continuously impressed the firm with her ability to work diligently to defend her clients. This promotion was well deserved. Congratulations Ms. Cutone!
SUMMARY JUDGMENT DISMISSAL: MEDICAL MALPRACTICE
In the case of Strachan v. Ionescu, et al. this office represented a family medicine physician alleging the physician failed to timely refer the plaintiff to specialists and timely diagnose cancer. Partner Matthew McDonough moved for summary judgment arguing that the physician at all times abided by the standard of care and properly and timely referred the plaintiff to specialists when necessary. The Court found that the defendants made out a prima facie case and the plaintiff failed to raise a triable issue of fact. Summary judgment was granted and the action was dismissed.
WELCOME TO THE FIRM
In November of 2022, Shannon Hauth joined our team as an Associate. Ms. Hauth will be working on assisting the firm with a variety of litigation matters. Welcome Ms. Hauth!
VOLUNTARY DISCONTINUANCE
In the case of Rabinowitz and Rubin v. The NY and Presbyterian Hospital, et al. Partner, Angela Cutone convinced plaintiff’s counsel to voluntarily discontinue the case with prejudice against New York Presbyterian Hospital. Plaintiff’s counsel agreed and the case was dismissed with prejudice.
DEFENSE VERDICT: MEDICAL MALPRACTICE
In the case of Pantea v. New York Presbyterian Hospital, et al. the plaintiff brought an action against various physicians and the hospital for failure to timely diagnose a stroke and timely administer tPA. This case was taken to trial in Queens County Supreme Court. Partner, Vincent Petrozzo successfully obtained a defense verdict in favor of the hospital.
FIRST DEPARTMENT REVERSAL OF LOWER COURT DECISION DENYING SUMMARY JUDGMENT
In the case of Sloan v. Jacobsen, et al. the plaintiff, a resident of a rehabilitation facility alleged that the staff internist failed to appropriately conduct post fall assessments causing the plaintiff to sustain injury following a fall in the facility. Partner Matthew McDonough moved for summary judgment, However, the motion was denied. The Court found that there was an issue of fact as to whether the defendant should have performed an appropriate post-fall assessment and whether ambulation restrictions should have been modified following a previous fall. This decision was appealed, and then Associate, Anna Bonventre orally argued the appeal in the First Department. The First Department reversed the lower court’s decision finding that the plaintiff’s expert affirmation was conclusory and speculative and insufficient to raise a triable issue of fact.