Results

We obtained summary judgment in a legal malpractice action in Lancaster County. We represented a law firm in the defense of legal malpractice cross-claims arising during underlying litigation. The plaintiff, an environmental consulting company, sued landowners for allegedly withholding information relevant to the clean-up of gasoline spill(s) on the landowners’ property. The landowners sued their attorneys, our clients, claiming that any liability on their part was due to malpractice committed in negotiating the contract between the landowners and the consultant.

We obtained the dismissal of a legal malpractice/fraud action brought by a nursing home against an attorney who represented a patient and who assisted the patient in the admission process. The owners of the nursing home claimed the attorney misrepresented his client’s assets in the application and that the nursing/assisted living facility relied on that representation in admitting the patient.

The parties had filed cross-motions for summary judgment. The issue for the court was whether the carrier had breached the terms of the policy when it denied the plaintiff’s first-party benefits claim relating to medical bills for PTSD allegedly caused by the underlying accident.

We obtained summary judgment in a construction defect case that was argued before the U.S. District Court for the District of Maryland. The case involved a claim that our client, the general contractor for an addition to a hospital, had committed numerous construction deficiencies during the construction of the addition and had committed fraud in attempting to conceal those deficiencies from the hospital’s owner.

We obtained a nonsuit in a dental malpractice action. The plaintiff alleged negligence against our client, a prosthodontist, for failing to properly place dental crowns and for negligently treating posterior bite collapse. At jury selection and day one of trial, the plaintiff’s counsel sought to withdraw from representation of the plaintiff, asserting that she terminated him the day before as there was a breakdown in the relationship. A continuance of trial was sought.

We received a defense verdict on no causation in a binding arbitration of a matter venued in Montour County, Pennsylvania, involving a bowel leak following urologic cancer surgery. We represented a Pennsylvania health system and its chief of urology who performed major cancer surgery upon the plaintiff (cystoprostatectomy and creation of ileal conduit).

We were granted partial summary judgment in a Labor Law case venued in the New York Supreme Court, Bronx County. The plaintiff was installing new floors in a large residential building in Manhattan that was owned by our client. The project involved a large-scale renovation of a penthouse and several lower levels. During the renovation, the plaintiff fell through an opening in the floor and sustained injuries to his knee and back. The plaintiff moved for summary judgment under New York Labor Law Section 240(1). We cross-moved for summary judgment, seeking a dismissal of all claims.

We obtained summary judgment in the Supreme Court of Rockland County, New York. The plaintiff slipped and fell while walking to her mailbox during a severe winter storm in January 2016. The plaintiff initiated a lawsuit against her homeowners association and its snow removal contractor. We moved for summary judgment on behalf of the defendants, asserting that the plaintiff’s claim was barred by the storm-in-progress doctrine.

We obtained obtained summary judgment on all cross-claims in favor of our client, a regional concrete company. In this action, the plaintiff slipped and fell on dust and construction debris in New York City. Our client was performing work at an adjacent building. The plaintiff alleged the dust and debris was created by our client’s work, as well as by subcontractors who were performing work within the subject building. Deposition testimony established that our client did not produce the white powdery substance that the plaintiff claims caused her fall.

We prevailed on an appeal before the Appellate Division, Second Department, NYC, reversing a lower court order that denied summary judgment to our client, the owner of a movie theater. The plaintiff was a patron at the movie theater, where he got into a fight with another patron over a parking spot. The plaintiff sued the theater for negligent security. The defense was able to show that there was no notice to the theater because the incident was sudden and unexpected, based on the short duration of the altercation, and the lack of similar prior incidents at the theater.