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PVRK Past News

PVRK NEWS highlights the recent successes and honors achieved by our attorneys.  If you desire further information on the case please contact the attorney directly.

Recent Decisions - Click here.

December 2012 Medical Malpractice
(Henry M. Primavera)
Claims against hospital and endocrinologist for failing to timely diagnose ulcerative colitis resulting in toxic mega colon and a colectomy discontinued at the conclusion of plaintiffs’ case in lieu of opposing a motion to dismiss.

November 2012 Medical Malpractice
(Henry M. Primavera)
Complaint brought against psychologist, psychiatric social worker and psychiatric institute dismissed at pleadings stage for failing to state a cause of action.

November 2012 Snow & Ice
(Matthew J. Rodriguez)
Plaintiff slipped and fell on snow and ice in a shopping center’s parking lot where we represented the snow removal contractor. The court granted our motion for summary judgment in its entirety dismissing plaintiff’s claims and all cross-claims as our insured did not owe a duty to plaintiff under Espinal and that the co-defendant owner did not allege sustainable contractual/common law indemnification claims.

September 2012 Defense Verdict
(Jeffrey Van Etten)
Defense verdict received following a three week trial in Supreme Court, Bronx County, in an automobile (garbage truck) pedestrian knock down. Plaintiff, a union stagehand, underwent seven surgical procedures including recent insertion of elbow prosthesis after he spent four years without an elbow. Although a spoliation charge was levied against the defendant based upon their destruction of daily trip inspection reports, we prevailed on a defense of misidentification/inability to identify defendant’s vehicle. At the time of trial appeals were pending on the denial of defendant’s motion for summary judgment. Plaintiff requested $9,750,000 from the jury based on over $2,600,000 in verifiable future and past earnings; and a stipulated $463,000 in past medical expenses.

September 2012 Insurance Coverage
(Amara S. Faulkner)
Our client, plaintiff’s employer, was granted summary judgment wherein the state court found that the contractual indemnification provision contained within the contract between the employer and the general contractor was in violation of the New York General Obligations Law.

August 2012 Civil Rights
(Thaddeus J. Rozanski
New York State Appellate Division, 2nd Department, affirmed summary judgment dismissal of the state court’s action sounding in religious discrimination and due process violations.

August 2012 Real Property Dispute
(James C. Clerkin)
Our client was granted dismissal of plaintiff’s complaint in this Federal Court property dispute litigation. Judge Baer agreed that the Rooker-Feldman Doctrine precluded the Federal District Court from exercising subject matter jurisdiction where the litigation sought to review final State Court determinations.

July 2012 Medical Malpractice
(Henry M. Primavera)
Claim against internist for allegedly improperly prescribing Flexural to a patient who subsequently died of a drug overdose voluntarily discontinued by plaintiff following service of a motion for summary judgment made on the doctor’s behalf.

July 2012 Medical Malpractice
(Henry M. Primavera)
Summary judgment granted in favor of a general surgeon in case involving claim of failing to timely diagnosis and treat c-diff disease resulting in toxic mega colon and a colectomy.

June 2012 Labor Law
(Jeffrey Van Etten)
In Supreme Court, Kings County, summary judgment was granted on third-party claims for common law indemnification against employer in wrongful death case involving union iron worker who was trapped and pinned under 2000 lbs. of glass/palette of windows. While plaintiff was awarded summary judgment against our client (after Court sua sponte searched the record as part of its 30 page decision) under Section 240(1) of the Labor Law, our initial motion was fully granted, allowing judgment over against the employer for indemnification purposes and granting our application for an award of defense fee reimbursements to our client’s insurance carrier.

May 2012 Medical Malpractice
(Henry M. Primavera)
Claim against an Infectious Disease specialist for failing to timely diagnosis and treat Lyme Disease voluntarily discontinued following service of a motion for summary judgment made on the doctor’s behalf.

March 2012 Medical Malpractice
(Douglas P. Perry)
In a wrongful death action, we won summary judgment for a pulmonary specialist and his practice where plaintiff alleged negligent management of a cardiac condition, including a lack of informed consent.



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