DSB obtained summary judgment on behalf of a commercial property owner in New York City in a personal injury action involving alleged dangerous orange plastic netting on the property. Through discovery and investigation, we were able to establish that work performed in the area by a non-party utility company required the company to comply with NYC Parks Department Tree Protection guidelines and that the utility had installed the plastic fencing and had responsibility for it. The Court held that the defendant neither owned, controlled nor maintained the area of plaintiff’s accident and did not place the orange netting complained of by plaintiff.
Category: Uncategorized
May 9, 2022
DSB successfully moved for dismissal of a New York Labor Law case pending in the Supreme Court, Kings County. Plaintiff claimed he fell from a ladder during a renovation project. Plaintiff refused to provide necessary discovery, which led to DSB’s motion to dismiss under CPLR 3126. The court agreed that plaintiff willfully failed to provide discovery and dismissed the case.
December 10, 2021
DSB secured a pre-deposition voluntary discontinuance from the attorney of an injured party in a personal injury action early in the litigation. Plaintiff alleged that she tripped due to a broken/defective city sidewalk abutting DSB’s client’s premises. DSB was able to demonstrate that, even if the condition was located on the sidewalk abutting our clients’ residential property, the clients could not be liable as a matter of law. Plaintiff’s counsel agreed and voluntary withdrew their case. DSB’s strategy significantly reduced defense costs and eliminated potential exposure for the client.
May 17, 2018
The firm successfully obtained a defendant’s verdict on six of seven causes of action on behalf of three Eastern Suffolk County Village Police Officers and Village, in Federal Court in an excessive force case. The plaintiff’s surviving family members alleged that the Police Officers used excessive force, failed to intervene to protect the plaintiff and assaulted and battered the decedent. The plaintiff also alleged that the Village failed to properly train the Officers in the proper techniques for interacting with emotionally disturbed people. During the Officers’ attempt to place the individual in custody, in order to escort him to obtain psychiatric treatment, a scuffle ensued, causing the plaintiff and the Officers to fall to the ground. During the struggle, the Officers employed a Taser device (in stun mode) and oleoresin capsicum (O.C. or pepper spray). The subject was ultimately restrained with handcuffs and ankle ties. In the resulting lawsuit, plaintiff’s family claimed that the Officers’ alleged use of excessive force, their failure to intervene to protect the plaintiff and the Village’s failure to properly train the officers caused the plaintiff’s injuries and death. After a two week trial, the jury returned a verdict in favor of the Police Officers and Village on six of the seven causes of action. Despite their finding of liability on the one cause of action, the jury did not award any monetary compensatory or punitive damages.
May 1, 2018
The firm successfully obtained a defendant’s verdict on behalf of an Eastern Suffolk County Town Police Officer and Town, in Federal Court. The female plaintiff alleged that the Police Officer used excessive force, assaulted and battered her during a routine traffic stop. The plaintiff was pulled over by the Officer for using her cellular telephone while driving. During the stop a scuffle ensued, causing the plaintiff and the Officer to end up on the ground. As a result of the alleged excessive force, the plaintiff’s hamstring was torn from her hip bone. After a week-long trial, the jury returned a verdict in favor of the Police Officer and Town, finding no excessive force was committed.
