PMT Winning in Court: Battle Tough and Trial Ready (Jan 2020)

PMT Winning in Court: Battle Tough and Trial Ready (Jan 2020)

What makes a successful trial attorney? There are many people who are able to try cases, but there is a huge difference between trying a case and winning a case. Winning a case requires special skills that not everyone has. Among the skills needed are creativity and confidence. To successfully represent the client’s best interests, it is necessary to be able to see all the strengths and weaknesses of the evidence in the case. Then, develop a big picture so that a compelling story can be told to the jury. Jurors expect to hear a client’s side of the case and the top trial attorneys are able to craft an explanation or a reason why your client is not responsible. What makes our PMT trial attorneys so effective is it they search for and find that creative story and then confidently present it to the jury. This month we highlight two cases which our PMT trial attorneys successfully tried to defendants’ verdicts. These cases demonstrate the creativity and confidence that make our attorneys the best in the business. PMT Partner Lawrence J. Buchman – View Bio Court: Supreme Court, Queens County Judge: Judge Leslie J. Purificacion Case Type: Motor Vehicle Accident Caption: Sue Ann Frias v. NYCTA Index No.: 705139/2017 Verdict Date: Nov. 13, 2019 Decision: Jury Deliberated Defense Verdict On April 13, 2016, Sue Ann Frias, a 68 year old woman, fell on the Q24 bus of the New York City Metropolitan Transit Authority because of an alleged unusual and violent sudden stop by the bus driver near the intersection of Atlantic and Rockaway Avenues.  The plaintiff claimed that...
Changes in Kings County As To Jury Selection and New Mandatory Alternative Dispute Resolution

Changes in Kings County As To Jury Selection and New Mandatory Alternative Dispute Resolution

By Marc H. Pillinger. New trial procedures will be going into effect on January 1, 2020, in Kings County.  When you select a jury after January 1, 2020, when you finish picking, you will immediately report for assignment and be sent out for trial on that day.  Under the new system, “cases will be assigned to a trial judge immediately upon selection of the jury.”  There will no longer be a pick and pass system for Supreme Court, Kings County.  So, hypothetically, if thirty cases are sent out to pick, Administrative Judge Knipel assures the Bar that he will have rooms to pick in the jury selection area.  Judge Knipel also stated that there should not be any “serious problem in terms of a backlog.”  This change was objected to by both the plaintiffs’ and the defendants’ bar. Furthermore, going forward, the “pick date” will be two weeks before Standards & Goals is reached instead of the current three. This change will require earlier planning for witnesses and experts.  It appears that Affidavits of Engagement will not be honored. Kings County has also started a new mandatory Alternative Dispute Resolution (ADR) Plan.  This new procedure is to expedite the early resolution of civil litigation.  In the new system, according to Judge Knipel, approximately 45 to 60 cases will be randomly selected for ADR on a daily basis.  Many of these cases will be chosen for ADR 45 days after a Preliminary Conference is held.  This will result in ADR being held, in most cases, prior to depositions being conducted. This new program went into effect on November 12, 2019. ...
PMT Winning in Court: Battle Tough and Trial Ready (Dec 2019)

PMT Winning in Court: Battle Tough and Trial Ready (Dec 2019)

In our world of insurance work,  we are all aware that above 90% of cases settle before trial.  Indeed, some estimate that the number of cases that settle before trial could be greater than 95%.  The reasons for this are simple and obvious:  parties to a lawsuit, especially where insurance is involved, want to avoid the unknown and sometimes shocking verdicts that juries can render.  And yet we all know that sometimes a case just cannot be settled and must be tried.  Insurance companies, self-insureds and the clients all want to know if you have the experience to take a tough case to a jury verdict.  At PMT, our highly experienced team of trial attorneys is prepared to do just that because our PMT trial team is battle tough and trial-ready. This month we share 2 recent defense verdicts that Emeka Nwokoro received in back to back trials in Brooklyn and Orange County. View Emeka Nwokoro’s bio Jury Verdict on the Issue of Liability Court: Supreme Court, Orange County Judge: The Honorable Craig Stephen Brown Type of Case: Slip and Fall/Premises Liability Caption: Joseph R. Turano and Regina Turano v. Sutton Hill II, LLC, Value Realty, Inc., and Mead Sealcoating & Parking Lot Maintenance, Inc. Index No.: EF003199/2018 Verdict Date: November 6, 2019 Plaintiff Joseph Turano, a 75 year old retired bus driver who lives with his wife Regina Turano in Middletown, New York, alleged that on March 8, 2018, at approximately 7:45 a.m., at the parking lot in front of the residential apartment complex where he lives, while he was clearing snow from his car, he slipped and...
Case by Case: Court of Appeals: Out-of-Possession Landlord

Case by Case: Court of Appeals: Out-of-Possession Landlord

By Wendy Eson and Marc H. Pillinger. In a recent decision, He v. Troon Mgmt., Inc., 2019 WL 5429374 (N.Y. Oct. 24, 2019), the Court of Appeals [reversed the First Department and] held that an out-of-possession landlord is liable for a violation of NYC Administrative Code Section 7-210 – failure to maintain the sidewalk and keep it clear of snow and ice. The Court found that “while an owner can shift the work of maintaining the sidewalk to another, the owner cannot shift the duty, nor exposure and liability for injuries caused by negligent maintenance imposed under section 7-210”. The Court noted that the landlord can still seek indemnification from its tenant, if the tenant has agreed to maintain the property in the landlord’s absence. This case emphasizes the importance of having a lease with contractual indemnification language and insurance requirements between the Landlord and Tenant.  In addition, the Landlord must make sure that the tenant has appropriate insurance in place, because we are now dealing with a non-delegable duty for a Landowner under Section 7-210. Should you have any questions, please call our office at (914) 703-6300 or contact: Marc H. Pillinger, Executive Partner mpillinger@pmtlawfirm.com Jeffrey T. Miller, Executive Partner jmiller@pmtlawfirm.com Thomas M. Bona, Partner tbona@pmtlawfirm.com...
Case by Case: Auto Policy Held Primary in Construction Accident

Case by Case: Auto Policy Held Primary in Construction Accident

By Lawrence N. Rogak. First Mercury Insurance Co. v State Farm Mutual Auto Ins. Co., 2019 NYSlipOp 51773 (Supreme Court, New York County) (Lebovitz, j) (10/29/2019) In this declaratory judgment action arising out of an injury to a construction worker who was unloading pallets of cement from a flatbed truck, his employer’s GL carrier sought an order declaring that his employer’s auto carrier had the primary duty to defend and indemnify the owner, GC and subcontractor on the job. The Court concluded that the auto insurer, State Farm, had a duty to defend and indemnify all parties, except for the breach of contract claim against the employer. DaSilva, a construction worker employed by subcontractor Europa Construction, was injured while he was standing on the flatbed of a truck attempting to unload pallets of cement; he tripped on a pallet and then slipped on cement mixed with stones that had accumulated on the floor of the truck. Europa was insured, under different policies, by plaintiff First Mercury Insurance Company and by defendant State Farm Mutual Automobile Insurance Company. DaSilva, sued the property owner and general contractor, who in turn brought third-party complaints against Europa. First Mercury then brought this DJ against State Farm, seeking a judgment that State Farm owes the primary duty to defend and indemnify Europa, the property owner and the general contractor in the underlying personal-injury action. First Mercury also sought reimbursement of the attorney fees and costs that it expended defending the underlying action. First Mercury then moved for an order declaring that State Farm must: (i) defend and indemnify Europa against the third-party claims brought against it...
PMT Announces New Buffalo, NY Location and New Partner, Kenneth A. Krajewski

PMT Announces New Buffalo, NY Location and New Partner, Kenneth A. Krajewski

PMT’s new Buffalo NY office location and new partner combine to enhance service to clients The law firm of Pillinger Miller Tarallo, LLP is delighted to announce their newest location — the firm’s ninth. The new office is located at 500 Corporate Parkway, Suite 106, Buffalo, New York 14226. This location allows PMT to expand their reach and better serve the firm’s clients. Upon opening the office, Jeffrey Miller, one of the founding partners of the PMT Law Firm said, “We are excited to expand into Buffalo, NY. Not only does it have a special place in my heart as a SUNY Buffalo Alum, but it is a vibrant city that PMT has been servicing for over 10 years. To finally have an office in Buffalo fulfills a long-time dream of mine.” You can reach the Buffalo, NY office at (716) 541-0196. Kenneth A. Krajewski Strengthens the PMT Team PMT is pleased to introduce Kenneth A. Krajewski who joins our firm as a partner in the Buffalo office. Ken brings a wealth of knowledge and expertise, extensive trial experience and a hometown edge to the Buffalo office. Jeffrey Schulman, who manages PMT Upstate has known and respected Ken for many years as a formidable adversary. He says PMT is “delighted to have him as a member of our firm; we are truly fortunate to have such a skilled litigator join our Buffalo team.” Kenneth A. Krajewski has devoted his career to the practice of personal injury and property damage defense in all areas of insurance defense and civil litigation. View Ken’s Bio We look forward to continuing to provide...