PMT Secures Appellate Win Affirming Dismissal in Premises Liability Case

By Lauren R. Turkel and Amy S. Weissman.

Pillinger Miller Tarallo, LLP continues its record of success in defending clients through every stage of litigation, earning another appellate victory that reaffirms the firm’s strength in appellate and trial-level advocacy.

In Cecilio Pigott v. J.C. Happy Garden Corp., et al. (Appellate Division, First Department, Index No. 20667/2017 – PMT: General Liability, Appellate Litigation, and Complex Multi-Party Litigation), the plaintiff sought to reopen claims against the defendant following a prior stipulation of discontinuance without prejudice. PMT successfully argued that there was no legal or factual basis to disturb the stipulation.

The Appellate Division, First Department unanimously affirmed the Bronx Supreme Court’s decision, holding that the plaintiff failed to show fraud, breach of the stipulation, or lack of authority by counsel that would justify vacating the discontinuance. The Court concluded that the stipulation was valid and binding, rejecting the plaintiff’s attempt to revive previously dismissed claims.

This decision underscores PMT’s dedication to protecting its clients’ interests and ensuring that favorable trial-level outcomes remain final and enforceable through the appellate process.

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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

Jeffrey D. Schulman, Executive Partner
jschulman@pmtlawfirm.com

Richard J. Freire, Executive Partner
rfreire@pmtlawfirm.com