Summary Judgment Roundup
In Adams v. Kohan, James M. Furey, Jr. secured dismissal of a medical malpractice action on statute of limitations grounds, and successfully defended the plaintiff’s appeal. The Court rejected plaintiff’s argument that the statute was extended by the continuous treatment doctrine. In Signorelli v. Pacs Industries, he proved that switchgear manufactured by the defendant was not a defective product.
On an appeal defended by Susan Darlington, the Appellate Division, Second Department affirmed the trial court decision dismissing premises liability claims against our clients for lack of notice. Vitello v. AMB Property Corp., 97 A.D.3d 567. After denial of our summary judgment in Dolan v. Halpern, 73 A.D.3d 1117, Ms. Darlington successfully prosecuted our appeal. The Appellate Division agreed that the plaintiff had failed to raise a triable issue of fact in response to the doctor’s proof that she adhered to good and accepted medical practice. Ms. Darlington also successfully moved to dismiss malpractice claims against a dermatologist in Guinan v. Fitzmaurice. The plaintiff claimed that she aborted her fetus due to fears of side effects from taking Tetracycline prescribed by the defendant.
In Chaudry v. Brown, Elena Lanza proved that there were no departures from the standard of care, and no proximate cause connecting the actions of the cardiologist to the death of a young woman due to the alleged failure to diagnose diabetic ketoacidosis and impending myocardial infarction.
In Seelig v. Cold Spring Hills Center for Nursing & Rehabilitation, Valerie Froehlich secured dismissal of a medical malpractice action on the grounds that plaintiff’s injuries pre-existed the alleged malpractice and therefore where not caused by the alleged acts or omissions of the client.
In Schwahl v. Vohra, et. al , our associate, Dr. Arnold Bank, proved that the infant plaintiff’s claimed cerebral palsy was not caused by the actions of the obstetrician and anesthesiologist we represented. In Farkas v. Park, claims on behalf of brain damaged baby against our obstetrician client were dismissed, thanks to the efforts of Dr. Bank. In Santamaria v. Almanzar, the Court dismissed plaintiff’s lawsuit when we demonstrated that applicable Federal Law precluded plaintiff’s action. The defense was based on immunity under the Federal Vaccine Act of 1986. Our thanks, and our client’s, again go to Dr. Bank. In Alzona v. Kaplan, Dr. Bank obtained partial summary judgment dismissing plaintiff’s claims of considerable but speculative damages.
In Weintraub v. Chang, Ingrid Rodriguez secured dismissal of a medical malpractice case was in a multi-district federal litigation regarding the manufacturing, distribution and importing of defective Heparin from China. In Pierce v. Centereach Fire Department, she secured summary judgment in a slip and fall by refuting the plaintiff’s expert, showing he was not using the applicable standard for construction at the time and that his scientific testing was inappropriate and flawed.
In DeCintio v. Budnick and Vitellaro and Gonzalez plaintiffs’ dropped their cases after we moved for summary judgment. In DeCintio, the plaintiff was claiming that an improperly applied mesh for pelvic floor repair lead to gynecological and gastrointestinal complications. Vitellaro claimed the neurologist was responsible for a delay in intervention to address a hematoma on her brachial plexus.
James Horan obtained summary judgment for Huntington Hospital in a case involving allegedly improperly performed spinal surgery. Jim also secured judgment in The Bronx in favor of a primary care physician alleged to have caused a delay in the diagnosis of his patient’s breast cancer.
Justin Zaroovabeli and Frank Catelli secured judgment in favor of the Town of Riverhead, by proving that the Town had no written notice of the premises defect that plaintiff claimed was responsible for her injuries.