Florina Altshiler Sworn in As Court Mediator in The Western District of New York
Russo & Toner, LLP is pleased to announce that Florina Altshiler, Esq., whom resides in our Buffalo, New York has been sworn in as a Certified Federal Court Mediator and has been added to the Western District of New York Panel
Summary Judgment for Employer in Labor Law 241(6) Case
The Firm successfully obtained summary judgment dismissing all claims against our client, the plaintiff''s employer, on the date of plaintiff''s accident. Plaintiff alleged that he was seriously injured after tripping and falling at a construction site in the course of his employment. The owner, tenant, and general contractor sought contractual indemnity from our client. Through our written motion and subsequent oral argument, we convinced the court that the Firm''s client was not was not negligent in its performance of its work at the subject construction site and therefore, not obligated to contractually indemnify any party. The Firm''s client was the only party that was dismissed from the case; the case continues against several defendants and third-party defendants.
Kevin Horbatiuk Obtains Reduction In Fees And Interest In ERISA Case
Kevin Horbatiuk received a favorable decision for our client in the case Cohen v. Life Insurance Company of North America, in the United States District Court for the Southern District of New York (Civil Action No. 17 CV 9270) from District Judge J. Paul Oetken.
David Gould Wins With A Unanimous Defense Verdict
David Gould obtained a unanimous defense verdict in the Supreme Court Suffolk County, Mario Sequene v. Jose Indor Campino, Index Number 12345-15.
John Komar Wins Damages Only Defense Verdict in Brooklyn Supreme Court
After deliberating for nine hours over the span of two days in the damages only trial of Brent v. Sheskin a Brooklyn jury returned a defense verdict on February 28, 2019 in favor of our client, a livery car driver based in Coney Island.
Plaintiff Claims She Tripped and Fell Over an Extension Cord in Defendants' Basement - Defense Verdict
David Gould obtained a unanimous liability defense verdict in Supreme Court Suffolk County before Justice Martha L. Luft, Piazza v. Zito, Index No.: 605403-16.
Josh H. Kardisch and Florina Altshiler Secure Reversal of $1.6 Million Verdict
On February 1, 2019, the Fourth Department issued a Decision in the matter of Flowers v. Harborcenter Development, LLC, et al., Docket No. CA 18-00261; Index No.: 802298/15, vacating $1.6 million of a $1.8 million jury verdict against our client, the defendants in this Erie County Labor Law 240 (1) case.
David Gould Get Defense Verdict in Nassau County on Fall From Ladder Case
David Gould obtained a unanimous liability defense verdict in Supreme Court Nassau County before Justice Arthur Diamond, Casale v. The Estate of Edith Marksohn, Index No.: 601097-16.
Theresa Villani Obtains Summary Judgment and Wins Appeal
Theresa Villani successfully argued the appeal in Salinas v. World Housewares, et al. before the Appellate Division First Department which unanimously affirmed the Supreme Court New York County decision granting summary judgment and dismissing the plaintiff's complaint in its entirety.
Cecil Floyd Wins Defense Verdict In Case Where Jury Awards $28 Million Against Other Defendants
After a four week trial in Supreme Court, Westchester County, Cecil Floyd secured a defense verdict in Gloria G. v. City School District of the City of Mount Vernon et al. Index No. 70026/12.
John Komar Wins Defense Verdict at Damages Trial in Brooklyn
On November 16, 2018 John Komar secured a defense verdict before the Hon. Richard J. Montelione, A.J.S.C. in Civil Court, Kings County, in the case of Hinds v Ali.
Marcin J. Kurzatkowski Obtains Summary Judgment in Alleged Slip and Fall on Snow/Ice Case in Bronx County
On October 10, 2018, Marcin J. Kurzatkowski obtained summary judgmet on behalf of our client in the Nakia Scott v. Euro-Spek, LLC, et al. matter in the Supreme Court - Bronx County.
Marcin J. Kurzatkowski Obtains Summary Judgment In Carbon Monoxide Exposure Case in Orange County
On June 29, 2018, Marcin J. Kurzatkowski obtained summary judgment on behalf of our client in the Carrin Quin and Joseph Quin v. Thomas Costa, et al. matter in the Supreme Court - Orange County.
Marcin J. Kurzatkowski Obtains Summary Judgment in Alleged Trip and Fall Case in Kings County
On September 28, 2018, Marcin J. Kurzatkowski obtained summary judgment on behalf of our client in the Sabrina Lee v. The City of New York, et al. matter in the Supreme Court - Kings County. Mr. Kurzatkowski represented a major bank with regards to the plaintiff's allegation that she sustained injuries when she tripped and fell on the sidewalk outside of a property in Brooklyn, New York.
Summary Judgment in Premises Liability Case
The Firm recently won summary judgment in a trip and fall case, securing a dismissal of all of plaintiff''s claims with prejudice against our client, a private landowner that owned the abutting sidewalk where plaintiff was allegedly injured. Plaintiff claimed that he tripped and fell in a snow-covered city-owned tree well on New Year''s Day 2011.
Twelve Day Trial Ends With Verdict for Russo & Toner Client
On October 1, 2018 John Komar secured a liability defense verdict for our clients in Pagan v. Paradise, after a twelve day unified trial in Supreme Court, Bronx County.
David Gould Obtains a Defense Verdict on Damages in Brooklyn - Jury Unanimously Finds the Plaintiff Did Not Sustain a "Serious Injury."
The plaintiff, a 46-year old deliveryman, claims herniated discs to his back and neck as well as left shoulder bursitis as a result of a two-car collision on August 6, 2013 in Albany County.
Summary Judgment in Multi-million Dollar New York Labor Law 241(6) Construction Accident Case
The Firm obtained summary judgment on behalf of our client, a large national retail corporation, in a lawsuit commenced by a worker who allegedly sustained millions of dollars in damages due to an accident at a construction site. Even though our client, as owner of the premises, could have been held vicariously liable pursuant to 241(6) of the Labor Law, we were able to convince the Court, at oral argument and in motion papers, that our client could not be held liable to the plaintiff or any party, under any theory of liability.
Defense Verdict On Liability In Erie County Labor Law 240 Construction Accident Case
Florina Altshiler, Esq., of Russo & Toner, LLP, obtained a defense verdict on liability after a jury trial in Erie County Supreme Court. Plaintiff, David Bonczar, a then 46-year-old male fire alarm technician claimed serious injuries following a fall from an A-frame ladder while installing a fire detection system at an AMC theater during a major renovation project. Plaintiff alleged that the ladder wobbled and shifted as he descended causing him to fall to the floor below.
Labor Law Summary Judgment Granted in Queens County Construction Accident Case
Summary judgment was granted in a Queens County construction accident case Calle v. 1411 IC-SIC Property LLC, Index No. 704429/2013 (Supreme Court, Queens County). The plaintiff claimed that during the course of demolishing a ceiling, a beam fell onto him causing severe injuries. The plaintiff moved for summary judgment on his claim for violation of Labor Law section 240(1) arguing that he was not provided with a proper protective device to perform his work.