What's New

  • We were successful in obtaining an unanimous reversal in the Appellate Division, First Department remanding this Bronx County action for trial on all issues and reinstating the second and third third-party complaints. Plaintiff, an asbestos abatement inspector, alleges he injured his knee when he slipped and fell on a liquid substance on the floor while he was walking to an abatement area to perform an inspection in the course of the renovation of Grand Central Terminal. The case was tried to a $1.3 million plaintiff's verdict against our clients, the Owner and Construction Manager. Prior to trial, the two second third-party defendants had moved for summary judgment and their motions had been granted. The Appellate Court, in reversing the Trial Court's verdict, found that the Trial Court committed error in preventing us from questioning plaintiff about the reason he lost the job he held at the time of his accident as we had obtained documentation indicating the plaintiff was terminated for having defrauded his employer through the submission of fraudulent reimbursement slips. Further, the Appellate Court found that the Trial Court erred in precluding us from questioning plaintiff on cross examination as to the cause of his fall as he had testified at deposition that he was unsure. The Appellate Division also found the Trial Court erred in precluding the defense  expert medical witness from testifying that the subject incident was not a proximate cause of one of the injuries claimed by the plaintiff herein. McNeill v. LaSalle Partners, et al.; 2008 N.Y. Slip. Op. 05761 (1st Dept. June 2008).

  • We are pleased to announce that Stephen M. Bigham has been elevated to partner. Since joining the firm in 1999 his practice has focused primarily on defending property owners, construction managers, general contractors, and trade contractors in various kinds of complex tort actions including construction accidents, premises liability claims, and toxic torts (May 2008).

  • We obtained summary judgment for our client in a personal injury action arising out of serious injuries sustained by a plaintiff in a fall caused by a depression in the street near her home. Plaintiff underwent multiple surgeries to her leg and had made a $5.3 million settlement demand. Her treating physician indicated that she would never return to her previous line of work and required a knee replacement. We contended that our client was not liable to the plaintiff as there was no duty running from our client to the plaintiff to make the street safe. We also argued that our client did not create a dangerous condition and did not direct, supervise or conduct the work of the co-defendant contractor. The Court dismissed plaintiff complaint as to our client and also granted summary judgment on their cross claims for contractual indemnification and breach of contract. The Court directed that there be an immediate assessment of damages so that our client may recoup the attorney's fees and costs associated with our client's defense in this action. Bessie Caldwell and John Caldwell v. Cablevision Systems Corporation, et al.; Supreme Court, Westchester County; Index No.: 1404/07 (March 2008). 

  • We obtained dismissal of plaintiff's claims against our clients in a personal injury action for failure to effectuate proper service. Plaintiff improperly served our corporate client at a location that was not authorized to accept service of process as the New York State Department of State was the only authorized agent for service of process for actions commenced in New York. The Court also found that plaintiff was unable to show good cause in order to obtain an extension of time for service and therefore could not show that an extension was warranted in the interest of justice. Patricia Bufford v. Clearview's Mt. Kisco Cinema, et al.; Supreme Court, Westchester County; Index No.: 11746/07 (February 2008).

  • NFAM is pleased to recognize the following employees on having reached service anniversaries:

For fifteen years of service:
Norma Lopez - Office Services Staff
For ten years of service:
Lisa Rao - Secretary
For five years of service:
Matthew S. Marino - Associate
(December - 2007)