Patricia Comblo and Dylan Braverman secure summary judgment win in favor of physician client in Bronx County Supreme Court wrongful death action. Plaintiff alleged medical malpractice regarding a failure to diagnose and treat acute myelogenous leukemia. The VBPNP team argued there was no viable claims as against their client. Specifically, it was argued their client […]
Joshua Cohen and the COVID-19 Team won a motion for Summary Judgment dismissing a case with prejudice for a Gastroenterologist based on EDTPA immunity. The plaintiff had a history of gastroesophageal reflux disease, dyspepsia and constipation. Shortly after the COVID-19 Emergency Declaration, the plaintiff was seen in the physician’s office complaining of constipation and had […]
Dylan Braverman and Tyler Fiorello moved to dismiss the claims against their client, a radiologist employed by a major metropolitan area academic research hospital. The patient presented to the Emergency Department with flu-like symptoms on January 10, 2021 (the second wave of COVID-19 in the NYC Metropolitan area). The ED attending suspected COVID-19 and ordered […]
Jason J. Lavery and William H. Gagas secured a substantial appellate victory from the Appellate Division, First Department, affirming summary judgment for our clients and dismissing the entirety of plaintiffs’ $30+ million property damage claim. Jason and William defended one of the City’s largest property owners in a lawsuit brought by a neighboring landowner to […]
On December 6, 2022, Thomas P. Jaffa secured summary judgment in favor of his electrical contractor client and defeated the third-party plaintiff’s motion as to the client in Supreme Court, Suffolk County. Plaintiff’s Labor Law action alleged a fall from a scaffold as a result of the scaffold wheel becoming lodged into an opening on […]
Partner, Neil Mascolo, wins summary judgment for Harleysville Insurance Company in a Declaratory Judgment action. Neil sought additional insured coverage for his client, a GC, in a Labor Law 240(1) and 241(6) case. The defendants were two separate insurers for two different subcontractors. The insurers denied the tender of coverage based on their argument that […]
On September 30, 2022, Dylan Braverman and Megan Lawless prevailed on a pre-answer motion to dismiss in favor of a Staten Island hospital in the Supreme Court, Richmond County. Plaintiff brought malpractice claims based on care provided in April 2020. The VBPNP COVID-19 Team argued that the claims must be dismissed, based on the broad […]
On July 7, 2022, Dylan Braverman, Megan Lawless and Chuck Faillace prevailed on a motion to dismiss in favor of a major Manhattan hospital in the Supreme Court, New York County. Plaintiff brought malpractice claims based on care provided in March 2020. The VBPNP COVID-19 Team argued that the claims must be dismissed, based on […]
On September 1, 2022, Rani Kulkarni and John Barker secured summary judgment in favor of their surgeon client in Supreme Court, Nassau County. Plaintiff alleged medical malpractice regarding the care and treatment surrounding the plaintiff’s bilateral mastectomy and breast reconstruction performed by co-defendant practitioner and the surgeon client, as well as postoperative care which the plaintiff claimed […]
On July 11, 2022, Seema Palmerson, John W. Barker, and Gemma Kenney secured summary judgment in favor of their hospital client in Supreme Court, New York County. Plaintiff alleged dental malpractice regarding the care and treatment surrounding the plaintiff’s ORIF of a right parasymphysis and closed reduction of a left subcondylar fracture by co-defendant practitioner […]