The Supreme Court, Kings County, granted DSB’s motion for summary judgment in a New York State Labor Law construction accident case. Plaintiff in the action alleged that he fell from a ladder at a construction site and sustained a fracture of the medial malleolus that required surgery, traumatic brain injury resulting in 100% disability, a tear of the supraspinatus tendon requiring surgery, a tear of the patellar articular cartilage of the right knee and a tear of the posterior horn of the medial meniscus, ankle arthroscopy, synovectomy and debridement, talonavicular fusion and removal of hardware, and derangement of the cervical and lumbar spine.
The court found that the indemnification provision contained in an agreement with the condominium was void as against public policy under the New York General Obligations Law. There was no other basis for liability of DSB’s client and the case was dismissed.
DSB successfully moved for summary judgment on behalf of a parent of a driver involved in a motor vehicle accident. The firm was able to demonstrate that our client did not own or operate the vehicle involved in the accident and therefore, liability under VTL 388 or the common law principle of negligent entrustment could not attach. The Complaint was dismissed prior to commencement of discovery.
DSB was successful in moving to dismiss a personal injury action on behalf of a homeowner on Long Island. DSB argued that the Court lacked personal jurisdiction over the homeowner because the plaintiff failed to properly serve the homeowner with a copy of the summons and complaint within 120-days after the commencement of the action and did not move to extend the time in which to do so. The Supreme Court, Queens County, agreed with DSB and dismissed the action in its entirety.
Justin M. Rowe was elected Equity Partner of the law firm. Justin’s hard work and commitment to our clients as well as his trustworthiness made the decision easy for the partners. Justin will continue to try complex litigation matters for the law firm.
DSB obtained dismissal of a federal action alleging that a Town’s zoning board of appeals violated the Takings, Due Process and Equal Protection Clauses of the U.S. Constitution by rejecting a property owner’s claim of a pre-existing nonconforming use. Vanderveer v. Zoning Board of Appeals of the Town of East Hampton, E.D.N.Y. Docket No. 19-cv-03833 (11/30/2020).
DSB successfully argued an appeal on behalf of an LLC member regarding distribution of over $5 Million in profit from a real estate development. The lower court had ordered the funds distributed 50/50, disregarding a distribution waterfall in the operating agreement that would have resulted in DSB’s client receiving the majority of the funds, with the amount owed growing at 12% per annum compounded monthly until paid. The Appellate Division reversed, directed entry of a judgment providing that the formula set forth in the operating agreement must be followed, awarded costs in favor of DSB’s client, and remanded the matter for trial as to whether an additional judgment should be entered for monetary damages arising from breach of contract. AJG Parkview Corp. v. Calabrese, 187 A.D.3d 1175 (2d Dept. 2020).
DSB won a motion for summary judgment on behalf of a commercial tenant where the plaintiff tripped and fell through a cellar door located on the sidewalk abutting the commercial tenant’s leasehold. DSB argued, and the Supreme Court of Kings County agreed, that the commercial tenant established its prima facie entitlement to judgment as a matter of law where it neither owned the abutting property nor created the allegedly hazardous condition. Accordingly, it did not owe a duty of care to the plaintiff.
DSB was successful in moving for summary judgment on behalf of an eastern Long Island Town. Plaintiff alleged that town police falsely arrested and maliciously prosecuted her for Stalking in the Third Degree in violation of her civil rights. Plaintiff alleged that the complaining victim lied to police, and therefore, her arrest was wrongful. DSB successfully defeated plaintiff’s claims by affirmatively establishing that there was probable cause for her arrest and prosecution because (i) police obtained a valid arrest warrant, and further (ii) police had no reason to doubt the credibility of the complaining victim. DSB successfully established that police acted reasonably at all times, and thus, plaintiff’s arrest was constitutionally valid. Moreover, plaintiff’s arrest was not made pursuant to any alleged unlawful policy or practice of the Town. As a result, plaintiff voluntarily discontinued the action with prejudice and released the town from all liability arising out of her arrest and prosecution.
DSB was successful in moving for summary judgment on behalf of a school district located on Long Island. Plaintiff, as guardian of an infant, commenced a personal injury action for injuries sustained by the infant while attending carpentry class at an off-site location. The Supreme Court of Suffolk County found that DSB affirmatively established that it neither controlled nor operated the carpentry facility; accordingly, it did not owe a duty to plaintiff. DSB’s motion for summary judgment was granted in its entirety.
DSB, on behalf of a Zoning Board of Appeals of an eastern Long Island town, successfully appealed from an order annulling the denial of an area variance for a swimming pool patio that violated set back requirements. The Appellate Division, Second Department agreed that the Zoning Board’s denial had rational basis and was not arbitrary nor capricious.