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Legal Representation

The attorneys at Gallivan & Gallivan provide effective, aggressive representation to individuals injured in the New York area. Our priority is to maximize the recovery of our clients injured due to the neglect of others.

Darin Hill, security guard at a  nightclub in New York City, allegedly caused a patron, Plaintiff Fauntleroy, to suffer serious personal injuries during an altercation.  Mr. Hill was employed by a security company, All Season Protection of NY, LLC.  The operator of the nightclub, Sutol Operating Company, hired All Season Protection to provide security at the establishment.  Mr. Hill, All Season Protection and Sutol Operating are all defendants in the lawsuit filed on behalf of Plaintiff Fauntleroy.  Mr. Hill claimed he punched the patron in order to defend himself.

All the defendants made motions for summary judgment asking the Trial Court to dismiss the case.  The Trial Court ruled in favor of the defendants and the case was dismissed.  Plaintiff appealed.  In Fauntleroy v. EMM Grp. Holdings LLC, 133 A.D.3d 452, 452-53, 20 N.Y.S.3d 22 (N.Y. App. Div. 2015) , the Appellate Division, First Department, reversed the Trial Court’s decision.  As such the case will be placed on the trial calendar in Bronx County Supreme Court.

The Second Department Court found that issues of fact existed regarding whether Defendant Hill was justified in punching the plaintiff given the preceding events, and whether the punch was excessive under the law.  The case will also proceed against both Hill’s employer, All Season Protection and the operator of the establishment, Sutol.  Under the law of vicarious liability an employer can be held responsible for negligent or even intentional acts of its employees IF the employees are acting within the cope of their employment or in furtherance of the business.  Here, the use of physical force as a security guard or bouncer at a nightclub could certainly be considered within the scope of Hill’s employment.  For these reasons, the Appellate Court reasoned that a jury should decide these questions.

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The New York Supreme Court, Appellate Division, Second Department in Montenegro v P12, LLC, 2015 NY Slip Op 05919 [130 AD3d 695] reversed a lower court’s decision granting a defendant’s motion for summary judgment to dismiss a cause of action alleging a violation of Labor Law § 241(6), predicated on 12 NYCRR 23-1.8(a).

The plaintiff was employed as a carpenter on a renovation project at a premises owned by the defendant.  The plaintiff was injured while using a pneumatic nail gun to attach molding around a window.  He was struck in the eye with a nail and sustained injuries to the eye. Continue reading

The New York Supreme Court, Appellate Division, Second Department in Bergin v Golshani, 2015 NY Slip Op 06103 [130 AD3d 767], denied a defendant’s motion for summary judgment to dismiss a cause of action alleging negligence.

In the slip-and-fall case, the plaintiff sought to recover damages for personal injury for defendant’s failure to inspect the area where plaintiff was injured.  Here, the plaintiff fell on a loose piece of slate on a slate stone landing.  Nassau County Supreme Court denied the defendant’s motion for summary judgment to dismiss the plaintiff’s cause of action alleging negligence.  The defendant’s cross-appealed the court’s decision denying its motion for summary judgment to dismiss the cause of action.  Continue reading

In Amandola v Roman Catholic Diocese of Rockville Ctr., 2015 NY Slip Op 06099 [130 AD3d 761], the New York Supreme Court, Appellate Division, Second Department denied a defendant’s motion for summary judgment to dismiss a cause of action for failure to provide adequate supervision in its school.

A plaintiff brings suit against his school for failure to provide adequate supervision after being injured by his classmates on multiple occasions.  The plaintiff commenced this action against his school because his school failed to intervene after students repeatedly assaulted the plaintiff on school grounds and in the classroom.  Continue reading

The New York Supreme Court, Appellate Division, Second Department in Schiano v Mijul, Inc.,  2015 NY Slip Op 06910 [131 AD3d 1157], affirmed a trial court order for the imposition of sanctions for the failure to produce necessary documents in an action to recover damages for personal injuries.

The plaintiff was injured when he slipped and fell while walking in the parking lot of defendant’s premises in 2006. The plaintiff claims that he fell “due to the presence of a defective matter in maintaining the path.” The plaintiff also claimed that the defendants were reckless, careless, and negligent in failing to properly fix, repair, and maintain the area, which he walked upon. The plaintiff also argued that the defendants’ failure to maintain the area was a breach of their duty of reasonable owning, operating, and maintaining the area. As a result of the plaintiff’s fall, he claims to have suffered injuries and brought an action to recover damages for his injuries.

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In Swoboda v Fontanetta, 2015 NY Slip Op 06804 [131 AD3d 1042], the New York Supreme Court, Appellate Division, Second Department reversed a trial court order for summary judgment in an action for medical malpractice.

The plaintiff underwent surgery on her right shoulder in 2007, which was performed by the defendant physician at the defendant hospital. Following the surgery, the plaintiff felt pain in her clavicle area, but did not inform her doctor because she assumed the pain was normal.  The plaintiff then visited her doctor’s office, due to the pain and swelling in her clavicle area, but the doctor simply stated that she was feeling pain due to a muscle and sent her home without conducting an examination. Continue reading

The plaintiff in Yehia v Marphil Realty Corp., 2015 NY Slip Op 05670 [130 AD3d 615] was injured in a fire that occurred on the premises operated as a grocery store by defendant Nahshal Food Corp.  Marphil Realty Corp owned the premises and leased it to Nahshal.  The plaintiff was employed at the grocery store and resided in a bedroom located in the rear of the store.  When the fire broke out, the plaintiff was asleep in the bedroom and sustained injuries as a result of the fire.

The New York Supreme Court, Appellate Division, Second Department upheld a lower court’s order denying the defendant’s motion for summary judgment in his personal injury lawsuit.  If the motion for summary judgment was granted, the injured party’s case would have been dismissed.  Now it will proceed to a trial.

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The New York Supreme Court, Appellate Division, Second Department reversed a trial court order for summary judgment in favor of the defendant driver in a pedestrian car accident case.

The plaintiff was a pedestrian who was crossing the street when she was injured after being struck by the defendant’s car. The plaintiff argued that the defendants negligently drove their car into the plaintiff. The plaintiff also argued that the defendants committed intentional gross negligence. The plaintiff stated that she was struck by the defendant’s car while she was walking across a street within a pedestrian crosswalk with the light in her favor. However, the defendant testified that the plaintiff was riding a bicycle at the time of the accident and that the accident occurred after she suddenly appeared from between parked cars while trying to cross the street in the middle of the block.

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On November 27, 2007 the decedent (deceased) attended a party at Duvet Restaurant and Lounge, a restaurant and night club located on W 21st Street in Manhattan, where he was fatally stabbed. The decedent was stabbed outside the night club by another patron as the result of a fight that started inside the club. The decedent was stabbed with a knife that the defendant was able to bring into the club. The lawsuit was bought by the administrator of the decedent’s estate against the perpetrator of the crime as well as the establishment (bar/restaurant). An estate administrator is a person who has been appointed by the court to administer the estate of a person who passed away with no will.

The New York Supreme Court, Appellate Division, Second Department recently amended an order that denied plaintiff’s motion for summary judgment in this wrongful death suit.

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New York State is one of the few states that do not have a “date of discovery” statute of limitations, which can prove detrimental to many medical malpractice victims. A date of discovery statute of limitations allows a person to pursue an action from the date at which the malpractice is discovered as opposed to the date on which it occurred. This is beneficial to plaintiffs who discover an error was made after the statute of limitations has expired. Lavern’s Law, a proposed bill, would start the statute of limitations at the time the malpractice was discovered, not at the date it occurred.
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