Sophisticated Defense Strategies For New York Trial And Appellate Matters
In an action for medical malpractice, negligent credentialing and hiring, and lack of informed consent, plaintiff alleged that ‘ client, a radiology facility improperly performed an MRI resulting in various personal injuries. moved for summary judgment dismissal of plaintiff’s claims against its client. In support of its motion, proffered the affidavit of the MRI Technologist who performed the subject MRI.…
Plaintiff alleged that the defendant podiatrists improperly performed an ankle surgery on the plaintiff’s osteochondral defect (OCD) and tendon injury which resulted in recurrence of the OCD, the need for subsequent surgeries, and permanent pain and limited motion of the foot and ankle. One major obstacle to establishing non-negligence was the disagreement as to which defendant podiatrist performed the foot…
The Appellate Division for the Second Judicial Department has affirmed the dismissal of a legal malpractice action against ‘ client. The Court agreed with ‘ argument that the claim against the attorney and his firm was properly dismissed by the trial court on the grounds that the plaintiff could not prove causation. Specifically, the Court held that the plaintiff failed…
The Appellate Division for the Second Judicial Department has affirmed the dismissal of a legal malpractice action against ‘ client. The Court agreed with ‘ argument that the claim against the attorney and his firm was barred by the statute of limitations, and that the plaintiff’s claims of continuous representation were insufficient to overcome the statute. The case was handled…
In an action for podiatric malpractice and lack of informed consent, it was alleged that ‘ client was negligent in treating a keratotic lesion on the plaintiff’s hammertoe with a debridement. It was alleged that the treatment resulted in osteomyelitis which was allowed to progress, resulting in the need for a distal amputation of the plaintiff’s toe. ‘ motion for…
has secured the appellate dismissal of a contentious legal malpractice action asserted against its clients following the conclusion of a matrimonial proceeding. After the trial resulted in a judgment of divorce in the underlying action, plaintiff commenced a lawsuit against ‘ clients asserting, among other things, that ‘ clients committed legal malpractice in failing to introduce sufficient evidence of plaintiff’s…
successfully moved for summary judgment in an action alleging nursing home abuse in Nassau County. The plaintiff alleged that the facility was negligent and violated resident rights under Public Health Law § 2801-d by failing to prevent multiple falls in a resident with severe dementia, with the last fall allegedly resulting in a hip fracture and death. obtained summary judgment…