Judge Hunter's Opinions*

THE SUPREME COURT OF THE STATE OF NEW YORK
BRONX COUNTY
CIVIL TERM
PART IA-23
(Individual Assignment System [IAS] Part 23)
ROOM 706
(718) 590-3657

Lorraine Ross, Esq.
Principal Law Clerk to Justice

Michele Baez
Secretary to Judge


NOTICE TO LAWYERS APPEARING IN IA PART 23

Be prepared and well organized. Be punctual (I am always on the bench at 9:30 A.M. sharp) and professionally attired.
There are no time limits imposed on lawyers during voir dire in criminal trials. In civil trials, prior to opening statements, submit the parties' marked pleadings, Bills of Particulars, deposition transcripts and, in City cases, 50-h hearing minutes. Exhibits can be pre-marked. In commercial and personal injury cases, voluminous documents such as contracts, leases and medical records, should be paginated for easy reference. At the charge conference, submit a proposed verdict sheet (on disk and a hard copy) and counsel's requests to charge, noting PJI, statute, code and/or regulation sections and, when warranted, proposed text when marshalling the evidence
Opinions noted on this web site can be obtained in hard copy form (e-mail or fax) upon written request to JudgeHunter@aol.com
No sur-replies to motions.
Also, this court works with attorneys on appearance conflicts and scheduling problems.

LIKES
Lawyers making trial objections without speeches. As counsel are arguing a point of law, they support their position with legal precedent, if it exists.

DISLIKES
Attorneys who cite cases that are clearly not on point. Always remember that I have instant access to Westlaw & Lexis and to my Court Attorney Lorraine Martinez via my laptop computer, a constant companion of mine while on the bench.
Put cell phones, beepers and wristwatch alarms on vibrate or silent while in the courtroom
Please keep "approaching the bench" down to a bare minimum of requests

MOTIONS

All motion papers, including stipulations and requests for adjournments, shall be filed in the Clerks Office, (Room 217).
All motions filed and accepted will be deemed submitted on the return date, provided all papers are filed on the return date of the motion.
Answering papers will be accepted only on the return date in the Clerks Office, (Room 217)
Courtesy copies of all motions filed should not be submitted unless requested by the court.
Orders to Show Cause (OTSC) must comply with Uniform Rule 202.7(d) and be submitted to the Clerks Office, (Room 217) prior to judicial review.
Proof of service of all OTSC must be filed with the IA-23 Part Clerk in courtroom 706 on or before the return date of the OTSC. If proof of service is not timely filed, the OTSC will be removed from the calendar.
The moving party shall clearly specify the relief requested. Counsel, where appropriate, shall use tabs when submitting papers containing several exhibits. If a document annexed to an affidavit or affirmation is voluminous, only relevant portions shall be highlighted.
This Court will not consider sur-replies to motions.
Calendars will be called promptly at 9:30 A.M. on Mondays except for holidays. Only counsel fully familiar with the file and authorized to make binding concessions, settle or try the action shall appear at the call of the calendar.
Counsel are further advised that they must bring their complete file, including the bill of particulars and marked pleadings to court and have the requisite knowledge of the contents of their file.

INQUIRIES

All inquiries regarding status should, in the first instance, be made to the Motions Support Office Room 217. 718-590-3722
Inquiries to chambers or the Part should be limited to matters requiring the immediate exercise of judicial discretion.

TRIALS

Be prepared and well organized. Be punctual and professionally attired.
Voir dire time limits per side per panel: First round : 30 minutes; each subsequent round: 15 minutes.
Prior to opening statements, submit the parties’ marked pleadings, Bills of Particulars, deposition transcripts and in City cases, 50-h hearing minutes. Exhibits can be pre-marked.
In commercial and personal injury cases, voluminous documents such as contracts, leases and medical records, should be paginated for easy reference.
At the charge conference, submit a proposed verdict sheet (on disk and hard copy) and counsel’s requests to charge, noting PJI, statute, code and/or regulation sections and, when warranted, proposed text when marshaling the evidence.
This court works with attorneys on appearance conflicts and scheduling problems.
Lawyers should make trial objections without speeches. When counsel argues a point of law, they should support their position with legal precedent, if it exists.
If counsel cites a case, make sure that it is on point. I have instant access to Westlaw and Lexis and to my Court Attorney Lorraine Martinez via my laptop computer, a constant companion of mine while on the bench.
Put cell phones, beepers and wristwatch alarms on vibrate or silent while in the courtroom.
Please keep “approaching the bench” down to a bare minimum of requests.

ARTICLE 81 GUARDIANSHIP PROCEEDINGS
EFFECTIVE JANUARY 3, 2005, I HAVE BEEN DESIGNATED BY THE ADMINISTRATIVE BOARD OF THE FIRST DEPARTMENT AS ONE OF THREE JUSTICES TO PRESIDE OVER ARTICLE 81 GUARDIANSHIP PROCEEDINGS IN THE SUPREME COURT, BRONX COUNTY

Calendars will be called promptly at 9:30 A.M. on Thursdays, except for holidays. If a holiday falls on a Thursday, calendars will be called on the preceding Wednesday.
Since these proceedings are initiated by OTSC, adjournments will be granted only under exigent circumstances and with the prior approval of this court, to be followed by a written stipulation that must be faxed to chambers.
The report of the Court Evaluator must be faxed or e-mailed to the court at least 24 hours before the day and time of the hearing.
Proof of service must be filed with the IA-23 Part Clerk in courtroom 706 on or before the return date. If proof of service is not timely filed, the OTSC will be removed from the calendar.

EFFECTIVE AS OF MAY 5, 2008, I HAVE BEEN APPOINTMENT BY THE ADMINISTRATIVE JUDGE OF THE STATE OF NEW YORK AS A MEMBER OF THE STATEWIDE ARTICLE 81 GUARDIANSHIP ADVISORY COMMITTEE.


EFFECTIVE IMMEDIATELY, I HAVE BEEN APPOINTED TO PRESIDE OVER CIVIL COMMITMENT
PROCEEDINGS OF SEX OFFENDERS PREDISPOSED TO COMMIT ANOTHER SEXUAL OFFENSE (PROBABLE CAUSE HEARINGS AND JURY TRIALS) UNDER THE SEX OFFENDER MANAGEMENT AND TREATMENT ACT, LAWS 2007, CH.7, SECTION 1, EFF APRIL 13, 2007.

In the Matter of the Application of
The State of New York,
Petitioner,
against
Shawn Davis, #02A6250
An inmate in the custody of the New York State
Department of Correctional Services,
Respondent,
For Commitment Under Article 10
of the Mental Hygiene Law.
Hearing held on Sept. 17 and 21.
Synopsis by the Court: Court denies motion in limine by respondent to preclude the testimony or other evidence involving statements made by the respondent to an examining psychologist pursuant to the Sex Offender Management and Treatment Act, Article 10 of the Mental Hygiene Law.
Petitioner's Attorney: Risa S. Sugarman, Esq., New York State Attorney General's Office
Respondent's Attorney: Michael A. Genkin, Esq., Mental Hygiene Legal Service

>>> State Reporter 9/19/2007 1:50 PM >>>
Re: Matter of State of New York v Shawn Davis
By: Hunter, Alexander W., J.
Decision Date: 9/18/2007
Assigned Slip Opinion Number: 2007 NYSlipOp 27373
The above-entitled opinion has been accepted for publication in the Miscellaneous Reports.
Very truly yours,
Gary D. Spivey
State Reporter

This court finds that there is probable cause to believe that the respondent does suffer from a combination of mental abnormalities, namely, Schizophrenia Undifferentiated Type, Impulse Control Disorder, Polysubstance Dependence, Borderline Intellectual Functioning and sexual deviant arousal that is consistent with Paraphilia NOS that affects his emotional, cognitive and volitional capacity in a manner that predisposes him to the commission of conduct constituting a sexual offense and that is associated with serious difficulty in controlling such conduct.


RULES FOR THE NON-JURY TRIAL INITIATIVE PART (NJTIP)
I. LIMITATIONS ON RECOVERY
II. NO RIGHT TO APPEAL
III. EVIDENTIARY MATTERS
IV. PROCEDURAL MATTERS
V. TRANSFER AGREEMENT
Click on link below for the full text of these NJTIP Rules.
http://hometown.aol.com/judgehunter/NJTIP.html



LATEST & SELECTED CIVIL TRIALS


(Once a trial settles or ends in a verdict, one important exhibit, if one surfaces, will be published for a short period of time. Publication after the case is over prevents jurors who visit this site from placing undue emphasis on said exhibit.)



Date: 5/8/08
Case: Josefina Martinez-Garo v. Riverbay Corp.
Index No. 27642/02
Trip & Fall
Plaintiff Atty: Joshua Gropper
Defendant Atty: Horace O. Rhoden
Tried to Verdict for Defense

22157/01 Steven Lagoa v. Joremi Enterprises, Inc.
Plaintiff Attorney: Alan M. Shapey
Defendant Attorney: James O’Hare
Verdict for Plaintiff on 4/29/08
Past Pain/Suffering $2 million
Future Pain/Suffering $7 million
Earnings 3.4 million
Private school $320,000
Total $12,720,000.00

20355/05 Jose Trinidad v. George Feliciano
Motor Vehicle
Plaintiffs Attorney: Mauricio Malagon
Defendant Attorney: Steven I. Lubowitz
Verdict for Defendant on 4/10/08

6518/04 Nancy Romero v. ELJ Realty Corp.
Plaintiff Attorney: Conran Jordan
Defendant Attorney: Kuuku Minnam-Donkoh
Verdict for Plaintiff on 4/2/08
Found City negligent but did not find that negligence was a substantive factor in causing plaintiff’s injury.

17616/04 Lillian Frias v. Gwendolyn Simms
Plaintiff Attorney: Wanda Negron
Defendant Attorney: Paul Walters
Verdict for Plaintiff (Bench Trial) on 3/13/08
Granting plaintiff’s application for specific performance

24263/03 Juanita Clotter v. NYCTA
Plaintiff Attorney: Louis J. Mitchell
Defendant Attorney: Cornelius J. Redmond
Verdict for Plaintiff on 3/10/08
2,900,000

7497/03 Felix Lopez v. City of NY
Plaintiff Attorney: Scott J. Zlotolow
Defendant Attorney: Steven Koulish, Corp Counsel
Settled During Trial on 2/25/08
250,000

25513/04 Tammy Spivey v. Silke Hacking Corp.
Motor Vehicle
Plaintiff Attorney: Gary E. Lesch
Defendant Attorney: Leroi J. Andrews
Verdict for Defendant on 2/13/08

23627/03 Ronald Cassetana v. Tommy Pagoulatos
Motor Vehicle
Plaintiff Attorney: Adam F. Raclaw
Defendant Attorney: John E. Doran
Partial Settlement for $15,000 against MD Lokman & Ruin Service
Discontinued in STP against Pagoulatos on 1/25/08

24330/03 Chad Cowan v. Dr. Caronline J. Jones
Medical Malpractice
Plaintiff Attorney: Leonard S. Slavit
Defendant Attorney: Carl D. Weinberg
Settled During Trial on 1/22/08

1690/07 State of NY v. Dennis Dove
Article 10 - MHL
Plaintiff Attorney: Roger A. Cannaff, Deputy Chief
Defendant Attorney: Anup Kaur/MHLS
Verdict for Defendant on 1/15/08
51710/07 State of NY v. Shawn Davis
Article 10 – MHL
Plaintiff Attorney: Risa S. Sugarman
Defendant Attorney: Michael Genkin
Verdict for Defendant on 12/19/08


DAMAGES ONLY: TANKER TRUCK/CAR COLLISION
SETTLED
PG
-against-
A.R. FUELS, INC. and KEVIN MORRISON
Dominic Diprisco, Esq. & Richard Borrelli, Esq. for the Plaintiff
Scott A. Buxbaum, Esq. for the Defendants
Jury selection 7/23 & 7/24
Preliminary instructions and opening statements on 7/27.
On 7/30, plaintiff testified on direct only. In the afternoon, Dr. Lawrence Enisman, a plastic surgeon, testified for the plaintiff. Cross examination of the plaintiff followed
On 7/31, Dr. David Delman, an internist and emergency and spinal medicine physician, testified for the plaintiff.
On 8/1, Dr. Aric Hausknecht, a neurologist and pain management specialist and Dr. Zelek, a clinical psychologist and neuropsychologist, both testified for the palintiff.
This case settled for $2.25 million on 8/2.
Click the link below to view photographs of the accident scene.
http://hometown.aol.com/judgehunter/Pilly.html


Trip & Fall on a Public Sidewalk
The alleged injuries: Left salter II fracture of the distal tibia with a distal fibula fracture of the left trimalleolar;closed reduction procedure
Loss of services
DAVID RAMIREZ and ANGELINA MIRANDA
vs
THE CITY OF NEW YORK
Index No. 20157/01
Michael B. Zaransky, Esq. for the Plaintiffs
Assistant Corporation Counsel Christopher M. Yapchanik
Jury selection on 3/12/07
Case settled before opening statements in the amount of $150,000 to Mr. Ramirez; his mother's loss of services action was discontinued with prejudice


Medical Malpractice Jury Trial: Alleged Lack of Informed Consent
Defendant performed a breast reduction procedure. Plaintiff alleged that she was not told about the possibility of extensive and disfiguring scarring as a result.
CECELIA VAZQUEZ
vs
DR. KEITH BERMAN
Index No. 27595/02
Robert David Becker, Esq. for the Plaintiff
Peter Taglia, Esq. for the Defendant.
Jury selection on 1/8/07.
On 1/9, the defendant doctor testified for the plaintiff.
For the plaintiff, Dr. Hubert Weinberg, a plastic surgeon and Carrie Amarante, the aunt of plaintiff's ex husband, testified for the plaintiff.
Plaintiff rests.
On 1/11, the defendant doctor testified on his own behalf, followed by Dr. Robert Grant, a plastic surgeon and the Chief of Surgery.
Summations and charge on 1/12.
On 1/12, the verdict was for defendant.


PUGUERO & PUGUERO
v.
ALI, ISLAM & ROMERO.
Index #25249/02
TWO VEHICLE COLLISION
Injuries: Alleged herniated disks "indenting into the thecal sac."
Chet Preston, Esq. for the Plaintiffs
Joseph B. Failla, Esq. for the Defendants Ali & Islam
Costas M. Eliades, Esq. for the defendant Romero.
David Lesch, Esq. Personal Att'y for Defendant Islam
JS on 11/29/07 and 11/30/07
Openings and Plaintiff M. Peguero for the Plaintiffs on 11/30/07
On 12/1, plaintiff M. Peguero testified for the plaintiff.
On 12/4, cross examination of M. Peguero and full examination of plaintiff D. Peguero.
On 12/5, Dr. Rafael DeLaCruz Gomez, an internist and specialist in rehabilitation medicine, testfied for the plaintiffs.
On 12/6, Dr. John Hughes, the Director of Neurology for Our lady of Mercy Hospital, and Dr. Robert Tantleff, a diagnostic radiologist, testified on behalf of defendant Ali.
On 12/11, Dr. John Rigney, a diagnostic radiologist, testified for the plaintiffs out of order. Defendant Romero testified on behalf of the plaintiffs. Defendant Romero's motion to dismiss was granted
Summations, charge and verdict on 12/12.
VERDICT: 90/180 No-Fault threshold established as to both plaintiffs - M. Peguero: $12,000 for pain and suffering; $0 for future p & s; D. Peguero - $8,000 for p & s; $0 for future p & s.


TRIP & FALL ALIGHTING OFF OF A CITY BUS
Alleged injuries: Ankle fractures.
RODAS
versus
THE CITY OF NEW YORK and MABSTOA
Index # 28133/01
Alfred L. Odom, Esq. for the Plaintiff
Assistant Corporation Counsel Steven M. Koulish for the City
Angele F. Dixon, Esq. for MABSTOA
11/13 - 11/20 : Presentation of witnesses and the reading of depositions and 50-H hearing minutes.
11/20 - Summations; 11/21 - Charge and deliberations; 11/22 Deliberations and verdict.
VERDICT: FOR PLAINTIFF:
Pain & suffering - $200,000; Future p & s - $300,000 for 56.3 years: Apportionment of responsibility - 60% City; 40% MABSTOA.


A Portion of a Bathroom Ceiling in an Apartment Allegedly Fell on Plaintiff
ANGELINE BROWN
vs
ALLERTON ASSOCIATES
Index # 17917/03
Ruth E. Bernstein, Esq. for the Plaintiff
Christian D. Lofaro, Esq., Karen L. Campbell, Esq, & John J. Doody, Esq. for the Defendant.
Jury selection on 9/27, 28, 29, 10/3
Preliminary instructions, opening statements and witness Rachel Rosa, the maintenance dispatcher for the defendant: 10/4.
On 10/5, Monte Buchsbaum, a Professor of Psychiatry and an expert in PET scans, testified for the plaintiff.
Ray Crenshaw, the plaintiff's brother and Dr. Stephen Wilson, a physical medicine & rehabilitation specialist, testified for the plaintiff on 10/10
On 10/11, Dr. Wilson finished his testimony; Dr. Aric Housknecht, a neurologist/pain management specialist, testified for the plaintiff.
On 10/13, Laura Newman, Ph. D., a psychologist at the International Center for the Disabled, Penny Brown, the plaintiff's daughter and Mr. Crenshaw, the plaintiff's brother, testified.
For the plaintiff, Dr. Robert Voogt, Ph. D., a rehabilitation counseling expert/long term life care planner and Michael Abbruzzese, a surveillance investigator, testified on 10/16.
On 10/17, Stuart Sachnin, a vocational economic analyst, testified for the plaintiff.
Dr. Newman continued her testimony from 10/13 and Psychiatrist George Samios testified.
On 10/19, Leo J. Shea III, a neuropsychologist, testified for the plaintiff.
Plaintiff read from the 2 EBT's of representatives of the defendant on 10/20.
Rafael Goris, an EMT, tyestified for the defendant on 10/23.
On 10/24, plaintiff's direct testimony contined and she was cross examined. Dr. Thomas B. Boland, a clinical psychologist, testified on behalf of the defendants.
Dr. Boland's direct was continued and he was crossed examined on 10/25. Dr. David Fisher, a diagnostic radiologist, testified for the defendant
On 10/27, Dr. Jerome Block, a neurologist specializing in the rehabilitation of the disabled and Dr. Jane Mattson, an OT/life care planner, testified for the defendant.
Dr. Peter S. Conti, MD, PhD, professor of radiology, clinical pharmacy and biomedical engineering, testified via a conference phone call from California about PET Scans as a defense witness. Plaintiff recalled Dr. Buchsbaum in rebuttal. Defendant read from the deposition of the plaintiff and a handyman for the defendant
Charge conference on 10/31.
Summations on 11/1.
Charge and deliberations on 11/2.
VERDICT


Torn meniscus while allegedly being dragged by a bus after getting arm stuck in door
SAMEE M. SMITH
v
MABSTOA
Index # 17195/01
I. Bryce Moses, Esq. for the Plaintiff
Angele F. Dixon, Esq. for the Defendant
Jury previously selected
Prel. instructions, opening statements; defendant bus driver Louis Bordonaro was plaintiff's first witness; followed by eyewitness Jazmin Rivera on Sept. 20, 2006
On 9/21, the plaintiff testified on direct only; Dr. Howard Baruch, an orthopedic surgeon testified for the plaintiff.
Dr. John Buckner, an orthopedic surgeon, testified for the defendant. The plaintiff was cross examined.
Summations, charge and deliberations on 9/25.
Deliberations and VERDICT on 9/26: Verdict for plaintiff: $100,000 for past pain and suffering; $800,000 for 40 years mfor future pain and suffering.
(The jury found that the plaintiff was also negligent but that her negligence was not a substantial factor in causing her injuries).

SETTLED
BEATO
vs
647 W. 207 LLC and KNUDSON ELEVATOR
CORP.
Index # 15079/00
Tina M. Russell, Esq. for the Plaintiff
Frank M. Melendez, Esq. for Defendant 647
Vincent J. Petrozzo, Esq. for Dedendant Knudson
Jury selected previously
SETTLED for $400,000 - $150,000 from 647; $250,000 from Knudson

SETTLED
REAR END AUTO COLLISION
CABRERA & ESPINAL
vs
DELVECCHIO
Index # 15407/02
Sharmela Bachu, Esq. for the Plaintiffs
Susan I. Lubowitz, Esq. for the Defendant
Jury selection on 9/14 & 9/15.
SETTLED on 9/18 for $70,000 for Cabrera & $55,000 for Espinal

SETTLED
Premises Liability
DAWSON & EDMONDS
vs
TOWNSEND MANAGEMENT I & II CORP. et al
Ricardo Rengifo, Esq. for the Plaintiffs
Joseph Vozza, Esq. for the Defendants
SETTLED 0n 7/ 19/06 for $4000 -$2000 to each plaintiff.

SETTLED
ESTHER RODRIGUEZ, as Administrator for
the Estate of ROLANDO GARCIA URETA, deceased
-against-
THE CITY OF NEW YORK.
Index # 14876/01
Liza Milgrim, Esq. for the Plaintiffs
Ass't Corporation Counsel Nicole Ludwig for the City
Jury selection on 6/27.
SETTLED for $100,000 on 6/27.

SETTLED
ANGEL CARDE & EDGAR ROSADO
vs
The CITY OF NEW YORK, NEW YORK CITY DEPARTMENT
OF CORRECTION, C.O. LAWRENCE, C.O. DORAN and CAPTAIN BOWDEN.
Index # 20879/99
Michael F. Kremins, Esq. for the Plaintiffs
Ass't Corporation Counsel Nicole Ludwig for the Defendants
Jury selection on 6/26.
SETTLED for $70,000 for each plaintiff on 6/26.

SETTLED
Slip and Fall on Snow & Ice
LESLIE SAIIA
vs
THE CITY OF NEW YORK
Index # 20603/2000
Leonard S. Slavit, Esq. for the Plaintiff
Assistant Corporation Counsel Lavanya Pisupati for the City
Jury selection on 5/8 & 5/9
The plaintiff testified on 5/10
Dr. Francis Agbonkpolo, a pain management specialist, testified on 5/12. His diagnosis was RSD.
SETTLED on 5/15 for $50,000.

SETTLED DURING JURY SELECTION
Premises Liability
WILLIAMS
vs
RITE AID CORP.
Index # 021491/2001
Alvin M. Bernstone, Esq. for the Palintiff
Keith A. Raven, Esq. for the Defendant
SETTLED for $500,000 on 5/2

REAR END AUTO COLLISION: "Was there a SERIOUS INJURY?"
TRIAL ON DAMAGES ONLY
VERDICT FOR PLAINTIFF
MELBA MUNNINGS-HARRIS
vs
DEEPAK SAMPATH
Index # 13696/03
Alexandra F. Pinella, Esq. fo the Plaintiff
Nicole R. Kilburg, Esq. for the Defendant
Plaintiff testified.
Dr. Gabriel Dassa, an orthopedic surgeon, testified on 4/19 for the plaintiff
Dr. Burton Diamond, a neurologist, testified for the defendant on 4/20.
On April 24, Dr. Jay Nathan, an orthopedic surgeon and Dr. Steven Lastig, a diagnostic radiologist, testified for the defendant.
Defendant read from the plaintiff's verified bill of particular that a meniscal tear was claimed (not being one of the injuries subject to this litigation). Plaintiff countered with an additional reading from this B/P
Charge conference, summations, charge and deliberations also on 4/24.
Late in the afternoon on 4/24, the jury requested to hear the cross examination of the plaintiff.
On 4/25, the cross examination was read to the jury and at approximately 11 A.M., the jury reached the following verdict:

1. As a result of the accident of January 31, 2002, has MELBA MUNNINGS-HARRIS sustained a significant limitation of use of a body function or system.
At least five jurors must agree on the answer to this question.
Yes ____x______ No ___________ Vote ____6-0____
1._______________________________ 2._____________________________
3._______________________________ 4._____________________________
5._______________________________ 6._____________________________
I, the undersigned juror, do not agree with the above.
_____________________________
2. As a result of the accident of January 31, 2002, has MELBA MUNNINGS-HARRIS sustained a permanent consequential limitation of the use of a body organ or member?
At least five jurors must agree on the answer to this question.
Yes ____x______ No ___________ Vote ___6-0_____
1._______________________________ 2._____________________________
3._______________________________ 4._____________________________
5._______________________________ 6._____________________________
I, the undersigned juror, do not agree with the above.
_____________________________
3. As a result of the accident on January 31, 2002, has MELBA MUNNINGS-HARRIS sustained a non-permanent medically determined injury or impairment which prevented performance of her usual and customary daily activities for 90 out of the first 180 days immediately following the accident.
At least five jurors must agree on the answer to this question.
Yes ____x_____ No __________ Vote ___6-0___
IF ALL OF YOUR ANSWERS TO QUESTIONS 1, 2 and 3 WERE "NO," then STOP, PROCEED NO FURTHER AND REPORT YOUR VERDICT TO THE COURT.
IF YOU ANSWERED "YES" TO ANY OF THE QUESTIONS 1-3, THEN PROCEED TO QUESTION 4.
1._______________________________ 4._____________________________
2._______________________________ 5._____________________________
3._______________________________ 6._____________________________
I, the undersigned juror, do not agree with the above.
_____________________________
4. What is the amount of damages, if any, which will fairly and justly compensate Plaintiff MELBA MUNNINGS HARRIS, for the following item, from JANUARY 31, 2002 up to the date of your verdict?
At least five jurors must agree on the answer to this question.
Pain and Suffering: $_75,000__
If you decide not to make an award for PAST Pain and Suffering, you will insert the word "NONE."
Yes _____x______ No ___________ Vote ____6-0____
1._______________________________ 4._____________________________
2._______________________________ 5._____________________________
3._______________________________ 6._____________________________
I, the undersigned juror, do not agree with the above.
_____________________________
5. What is the amount of damages, if any, which will fairly and justly compensate Plaintiff MELBA MUNNINGS-HARRIS, for the following item, from today’ s date into the future?
At least five jurors must agree on the answer to this question.
Pain and Suffering: $__15,000____
If you decide not to make an award for FUTURE pain and suffering you will insert the word "NONE."
Yes ____x______ No ___________ Vote ____6-0____
1._______________________________ 4._____________________________
2._______________________________ 5._____________________________
3._______________________________ 6._____________________________
I, the undersigned juror, do not agree with the above.
_____________________________
6. If you made an award for an amount intended to compensate Plaintiff MELBA MUNNINGS HARRIS for pain and suffering to be incurred in the FUTURE, then for said award, state the period of years over which said amount is intended to provide compensation.
At least five jurors must agree on the answer to this question.
Number of Years _____3______ Vote ____6-0_____
1._______________________________ 4._____________________________
2._______________________________ 5._____________________________
3._______________________________ 6._____________________________
I, the undersigned juror, do not agree with the above.
_____________________________
Proceed no further and report your verdict to the Court.


A CASE OF POLICE BRUTALITY
A Million Dollar Verdict for the Plaintiff against the City of New York
MELVIN BROWN
vs
THE CITY OF NEW YORK
Index #15338/97
Daniel I. Neveloff, Esq. for the Plaintiff
Assistant Corporation Counsel Lavanya Pisupati for the City
Jury selection on 4/4.
Preliminary instructions, opening statements and the plaintiff testified on 4/5.
Dr. Leonard R. Harrison, orthopedic surgeon, testified for the plaintiff on 4/7.
On 4/11, Jose Torres, Department of Finance, Sheriff's Division of the Marshalls' Program, testified for the defendant. Counsel for plaintiff read selected portions of the plaintiff's 50-h hearing and deposition.
Charge conference, summations, charge and deliberations on 4/11.
The jury found for plaintiff on his cause of action for BATTERY: $4 million for past pain & suffering; $3 million for future pain & suffering; jury did not find that there was a FALSE ARREST.


CASE DISMISSED
TRIP & FALL : LIABILITY ONLY
ROBIN TAYLOR
vs
NEW YORK CITY TRANSIT AUTHORITY
Index #18264/1998
Irving Singer, Esq. for the Plaintiff
Horace O.K. Rhoden, Esq. for the NYCTA
Jury selection on 3/30
Preliminary instructions and opening statements on 3/31.
On 4/3, the plaintiff and her daughter, Treasure Taylor, testified.
Plaintiff rested. Defendants motion to dismiss for failure to make out a prima facie case was granted.


Whether Respondent is an INCAPACITATED PERSON?
ARTICLE 81 GUARDIANSHIP JURY TRIAL

VERDICT
In the Matter of the Application of
STEWART AULT, as Administrator
for Social Services, MONTEFIORE
MEDICAL CENTER,
For the Appointment of a Guardian of
the Person and Property of
F.O.
An Alleged Incapacitated Person.

Index # 92031/05
Douglas K. Stern, Esq. for Petitioner
Susan R. Sklaroff, Esq.
Mental Hygiene Legal Service
Jury selection on 3/27.
3/28 for Petitioner: Rhonda Lieberman, the Clinical Manager of Social Work for Montefiore
-Dr. Gary Kennedy, geriatric psychologist
-Judith San Filippo, Assistant Director of Home Care Services, Montefiore Hospital
-Mirta Rosado Olmo, a personal acquaintance
-Ana G. Megan, daughter of the Respondent
-Court Evaluator Alisa Rodriguez Fuentes, Esq.
3/29 for Respondent: The AIP and the Court Evaluator; charge conference
Summations, charge, edliberations and verdict
VERDICT for Respondent: "Is Felix Ortiz an Incapacitated Person as defined by this Court and, therefore, in need of a Guardian?"
The jury answered, "NO" by a vote of 5 to 1


SETTLED
Motto
vs
Miah & Chowdhury
Index # 7398/02
Neil R. Kafko, Esq. for the Plaintiff
James S. Pudnick, Esq. for the Defendants
SETTLED before trial for $11,000


VERDICT: LABOR LAW / SUMMARY JUDGMENT ON LIABILITY/ DAMAGES ONLY
Fall from a Scaffold While Repairing Cracked and Broken Concrete In Yankee Stadium
ANTHONY MARIANI
-against-
CITY OF NEW YORK, NEW YORK YANKEES
PARTNERSHIP and LEHRER McGOVERN BOVIS, INC.
Index # 14728/99
Charles J. Rappaport, Esq. for the Plaintiff
Gary A. Cusano, Esq. for the Defendants
Jury selection on 3/10.
Plaintiff testified on 3/13.
On 3/14, Economist Alan Leiken testified for the plaintiff. The plaintiff continued his tstimony in the afternoon.
Plaintiff finished his testimony on 3/16. Dr., an orthopedic surgeon and Ann Marie Byars, a daughter of the plaintiff, testified for the plaintiff.
On 3/17, a portion of the deposition testimony of Bill Hickman, superintendent for construction of defendant Bovis was read. A defense witness, Steve Grogan, a private investigator who shot surveillance video footage of the plaintiff, testified out of order. Dr. Richard Boccio, an orthopedic surgeon, testified out of order for the defendants.
For the defendants, Dr. Maurice Carter, an orthopedist and Dominick Maceto, the project for LaStarda, the general contractor working for defendant Bovis, testified.
Charge conference on 3/21.
Summations, charge, deliberations and verdict on 3/22.


VERDICT: The Negligence of a Homeless Shelter For Wowen & Their Families Which Substantially Contributed to the Sexual Abuse of a 12 Year Old Female Resident
CMA, an infant by her mother and natural guardian, DIGNA GOMEZ and DIGNA GOMEZ, individually
vs
GLENDY CASTRO and WOMEN IN NEED, INC.
Index No. 20286/01
Paul Bibuld, Esq. for the Plaintiffs
John C. Szewczuk, Esq. for the Defendant WIN
Jury selection on 11/4 & 11/7
Opening statements on 11/ & 11/10
In infant plaintiff testified on 11/10, 11/14 and 11/15
On 11/15, Ronnie Rivera, Administrative Assistant and Custodian of Records at the Kingsbridge Heights Community Center, testified, out of order.
The infant plaintiff continued testifying on 11/15
On 11/16, defendant Glendy Castro (the convicted perpetrator) testified, out of order.
Re-direct of the infant plaintiff occurred on 11/17. Also plaintiff Digna Gomez testified with her testinmony continued on 11/18 & 11/21
On 11/22, Michelle Price-Green for WIN testified for the plaintiffs.
Dr. Don Lewittes, a clinical and forensic psychologist, testified for the plaintiffs on 11/29 & 11/30 & 12/2. Infant plaintiff was diagnosed with child adolescent sex abuse syndrome and post traumatic stress disorder On 12/1, John Mullally, a private investigator who has investigated reports of child abuse, testified for the plaintiffs on 12/1 about procedures, the "hotline" and security>
Michelle Price-Green's testimony was continued on 12/1 and 12/2 and 12/5
Plaintiffs rest on 12/9. WIN reads part of depositions of both plaintiffs.
Charge conference on 12/12.
On 12/14, defendant WIN called Dr. William Head, a psychiatrist.
Summations on 12/15. Charge, deliberations and verdict on 12/16.

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
--------------------------------------------------------------------X
C M R, an infant by her mother
and natural guardian, DIGNA GOMEZ, and
DIGNA GOMEZ individually,


Plaintiffs,
-against-
Index # 20286/01
GLENDY CASTRO, and WOMEN
IN NEED, INC.,

Defendants.
--------------------------------------------------------------------X

Present: Hon. Alexander W. Hunter, Jr.:

VERDICT SHEET

We, the undersigned jurors, duly drawn, empanelled and sworn to try the above entitled action, say that we answer this written verdict sheet submitted by the court as follows:

AT LEAST FIVE (5) JURORS MUST AGREE TO THE ANSWER TO EACH INDIVIDUAL QUESTION ACCORDING TO THE INSTRUCTIONS BELOW. THE SAME (5) JURORS NEED NOT AGREE AS TO EACH QUESTION

1- WAS THE DEFENDANT, WOMEN IN NEED, INC., NEGLIGENT?
At least five jurors must agree on the answer to this question.

YES__X___ NO_____

State number of jurors agreeing 6-0 _____X______ or 5-1__________

If your answers to questions “1” is “No” skip to and proceed to answer question “3” .

2- WAS THE DEFENDANT, WOMEN IN NEED, INC.’S, NEGLIGENCE A SUBSTANTIAL FACTOR IN CAUSING THE PLAINTIFF, CHRISTINA RIVERA’S INJURIES?
At least five jurors must agree on the answer to this question.

YES__X___ NO_____

State number of jurors agreeing 6-0 __________ or 5-1__________

3- DID THE DEFENDANT, WOMEN IN NEED, INC. VIOLATE THE SOCIAL SERVICES LAW?
At least five jurors must agree on the answer to this question.
YES__X___ NO_____

State number of jurors agreeing 6-0 ____X______ or 5-1______

If your answers to questions “3” is “No” skip to and proceed to answer question “5” .

4- WAS THE DEFENDANT, WOMEN IN NEED, INC.’S, VIOLATION OF THE SOCIAL SERVICE LAW A SUBSTANTIAL FACTOR IN CAUSING THE PLAINTIFF, CHRISTINA RIVERA’S INJURIES?
At least five jurors must agree on the answer to this question.
YES___X__ NO_____

State number of jurors agreeing 6-0 ____X______ or 5-1__________

If your answers to questions “1” or “2” and questions “3” or “4” is “No” skip to and proceed to answer questions “9” thru “15”.

5- WAS THE PLAINTIFF, CHRISTINA RIVERA NEGLIGENT?
At least five jurors must agree on the answer to this question.

YES_____ NO__X___

State number of jurors agreeing 6-0 ____X______ or 5-1__________

If your answer is “No” skip to and proceed to answer question “8”.

6- WAS THE PLAINTIFF, CHRISTINA RIVERA’S, NEGLIGENCE A SUBSTANTIAL FACTOR IN CAUSING HER OWN INJURIES?
At least five jurors must agree on the answer to this question.

YES_____ NO_____

State number of jurors agreeing 6-0 __________ or 5-1__________
If your answer is “No” skip to and proceed to answer question “8”.

7- WHAT WAS THE PERCENTAGE OF FAULT OF THE DEFENDANTS, GLENDY CASTRO AND WOMEN IN NEED, INC., AND WHAT WAS THE PERCENTAGE OF FAULT OF THE PLAINTIFF, CHRISTINA RIVERA?
At least five jurors must agree on the answer to this question.

Defendant, GLENDY CASTRO _______%
Defendant, WOMEN IN NEED, INC. _______%
Plaintiff, CHRISTINA MARIE RIVERA _______%
Total must equal 100%

State number of jurors agreeing 6-0 __________ or 5-1__________

8- WHAT WAS THE PERCENTAGE OF FAULT OF THE DEFENDANTS, GLENDY CASTRO AND WOMEN IN NEED, INC.?
At least five jurors must agree on the answer to this question.

Defendant, GLENDY CASTRO ___75____%
Defendant, WOMEN IN NEED, INC. ___25____%
Total must equal 100%

State number of jurors agreeing 6-0 ____X______ or 5-1__________

9- STATE SEPARATELY THE AMOUNTS AWARDED FOR PAIN AND SUFFERING TO CHRISTINA RIVERA, IF ANY, FROM THE DATE OF NOVEMBER 25, 2000 TO DECEMBER 10, 2000.

At least five jurors must agree on the answer to this question.

$__.5 million_________

If you decide not to make an award as to the above item, you will insert the word “none” as to the item.

State number of jurors agreeing 6-0 ____X______ or 5-1__________

10- STATE SEPARATELY THE AMOUNTS AWARDED FOR PAST DAMAGES TO CHRISTINA RIVERA, IF ANY, FROM THE DATE OF DECEMBER 10, 2000 TO THE PRESENT DATE OF YOUR VERDICT FOR THE FOLLOWING ITEM OF DAMAGES:
At least five jurors must agree on the answer to this question.

a. PAIN AND SUFFERING UP TO THE DATE OF YOUR VERDICT.

$____1.5 million_______

If you decide not to make an award as to the above item, you will insert the word “none” as to the item.

State number of jurors agreeing 6-0 ____X______ or 5-1__________

11- STATE SEPARATELY THE AMOUNTS AWARDED FOR
FUTURE DAMAGES TO CHRISTINA RIVERA, IF ANY, FROM
THE PRESENT DATE OF YOUR VERDICT TO BE INCURRED
IN THE FUTURE FOR THE FOLLOWING ITEMS OF DAMAGES:
At least five jurors must agree on the answers to these questions.

(a) MEDICAL/COUNSELING EXPENSES:

$___.5 million_________

State number of jurors agreeing 6-0 ____X______ or 5-1__________
(b) PAIN AND SUFFERING, INCLUDING THE PERMANENT EFFECT OF THE INJURY, FROM THE PRESENT TIME OF THE VERDICT FOR THE TIME THAT THE PLAINTIFF CAN BE EXPECTED TO LIVE.

$_____.5 million_______

If you decide not to make an award as to any item, you will insert the word “none” as to the item(s).
State number of jurors agreeing 6-0 ____X______ or 5-1__________

12- IF YOU HAVE MADE ANY AWARD FOR AMOUNTS
INTENDED TO COMPENSATE THE PLAINTIFF, CHRISTINA
RIVERA FOR DAMAGES TO BE INCURRED IN THE FUTURE,
THEN FOR EACH ITEM FOR WHICH AN AWARD IS MADE,
STATE THE PERIOD OF YEARS OVER WHICH SUCH
AMOUNTS ARE INTENDED TO PROVIDE COMPENSATION.
At least five jurors must agree on the answers to these questions.

(a) MEDICAL/COUNSELING EXPENSES:
____12____years

State number of jurors agreeing 6-0 ____X______ or 5-1__________

(b) PAIN AND SUFFERING, INCLUDING THE PERMANENT EFFECT OF THE INJURY.
____12___years

State number of jurors agreeing 6-0 ____X______ or 5-1__________

13- STATE SEPARATELY THE AMOUNT TO BE AWARDED TO DIGNA GOMEZ FOR PAST LOSS OF SERVICES OF CHRISTINA RIVERA, IF ANY, FROM THE DATE OF NOVEMBER 25, 2000 TO DECEMBER 10, 2000:
At least five jurors must agree on the answer to this question.

$___NONE____

If you decide not to make an award as this item, you will insert the word “none” as to the item.
State number of jurors agreeing 6-0 ____X______ or 5-1__________

14- STATE SEPARATELY THE AMOUNT TO BE AWARDED TO DIGNA GOMEZ FOR PAST LOSS OF SERVICES OF CHRISTINA RIVERA, IF ANY, FROM THE DATE OF DECEMBER 10, 2000 TO THE PRESENT DATE OF YOUR VERDICT:
At least five jurors must agree on the answer to this question.
$___100,000_____

If you decide not to make an award as to this item, you will insert the word “none” as to the item.
State number of jurors agreeing 6-0 ____X______ or 5-1__________

15- STATE SEPARATELY THE TO BE AMOUNT AWARDED TO
DIGNA GOMEZ FOR FUTURE LOSS OF SERVICES OF
CHRISTINA RIVERA, IF ANY, FROM THE PRESENT DATE OF
YOUR VERDICT TO BE INCURRED IN THE FUTURE UNTIL
CHRISTINA RIVERA REACHES THE AGE OF 18 ON MAY
5, 2006.
At least five jurors must agree on the answer to this question.
$___NONE_____

State number of jurors agreeing 6-0 ____X______ or 5-1__________

UPON COMPLETION OF THE VERDICT SHEET EACH JUROR MUST SIGNS HER OR HIS NAME BELOW

1-________________/s/__________________
2-________________/s/__________________
3-________________/s/__________________
4-________________/s/__________________
5-________________/s/__________________
6-________________/s/__________________

Dated: Bronx, NY
December 16, 2005

CHRISTINA MARIE RIVERA, an infant by her mother and natural guardian, DIGNA GOMEZ, and DIGNA GOMEZ individually, Planitffs v. GLENDY CASTRO and WOMEN IN NEED, INC., Defendants.
INDEX # 20286/0
Relief Sought:
1. Setting aside the verdict and granting judgment notwithstanding the verdict in favor of defendant Women
In Need, Inc.
2. In the alternative, directing a new trial
3. As a further alternative, eliminating the awards for future medical expenses and for past loss of services
and ordering a new trial as to the remaining categories of damages for which defendant Women In Need,
Inc. is liable unless plaintiffs stipulate to substantial reductions;
4. As a further alternative, ordering a new trial as to all categories of damages for which defendant Women
In Need, Inc. is liable unless plaintiffs stipulate to substantial reductions
5. Ordering a hearing for purposes of structuring a judgment in accordance with CPLR Art. 50-B in the event
the parties cannot agree to the format of such a judgment and
6. Holding that defendant Women In Need, Inc. is entitled to the set-off provided by CPLR Art 16 for the
75% share o fthe liability apportioned against the co-defendant, Glendy CAstro, together with such other
and further relief as to this Court seems just and proper.

SETTLED: MOTOR VEHICLE ACCIDENT

DIAZ
vs
STONE & LARA
Index #18578/1999
Richard Aberle, Esq. for the Plaointiff
Antonio Grillo, Esq. for Defendant Stone
Gary A. Farole, Esq. for Defendant Lara
Jury selection on 10/26
SETTLED on 10/27 for $25,000

SETTLED
LACK OF SUPERVISION IN A SCHOOL
Plaintiff, then 11, was assaulted by a group of students in the lunchroom of P.S. 148 which was not supervised even after teacher notified of prior threat
The injury: a slipped left femoral capital epiphysis
FRANCISCO MATEO, an infant by his mother and natural guardian,
ANDREA MEDINA and
ANDREA MEDINA, individually
vs
THE BOARD OF EDUCATION OF THE CITY OF NEW YORK
Index # 20410/1998
Michael B. Ronemus, Esq. for the Plaintiffs
Assistant Corporation Counsel Lavanya Pisupati for the Board
Jury selection on 10/17 and 10/18
The "infant" plaintiff, now 18 years old, testified on 10/20
SETTLED on 10/21 for $675,000 for Mr. Mateo and $25,000 for Ms. Medina.

SETTLEMENT : A CLAIM OF LEAD BASED PAINT POISONING
JOANNA DIAZ, an infant, by her mother and natural
guardian, ELBA DeJESUS and JONATHAN DeJESUS, an
infant, by his mother and natural guardian, ELBA DeJESUS
-against-
581 EAST 137th STREET ASSOCIATES, INC., and
HOWARD KOWLOWITZ
Index # 6886/1999
Cory Rosenbaum, Esq. for the Plaintiffs
John M. Guglielmo, Esq. for the Defendants
Jury selection on 9/21
On 9/22, Denise Brown and the defendant testified for the plaintiffs
Yvonne Pagan, the office manager and nurse at a pediatric clinic, Natasha Azore from the Department of Health and Mental Hygiene (dept. conducts lead paint inspections for NYC) and Brian White, a 5th grade teacher at P.S. 49 testified for the plaintiffs.
On 9/27, Katherine Mitas, Joanna's teacher in kindergarten and plaintiff Jonathan DeJesus testified.
Elba DeJesus and Beverly Margaritis, a resource room teacher, testified.
Conferences on legal issues: 10/3, 10/4, 10/5.
On 10/6, Leon Charash, a child neurologist, testified for the plaintiffs
The principal of P.S. 49, Laura Galloway testified on 10/7.
On 10/11, Dr. Theordore Lidsky, a psychologist/neuro-scientist/psycho biologist testified for the plaintiffs
Economist Alan Leiken testified for the plaintiffs on 10/11 in the afternoon.
The plaintiff rested.
On 10/12, Regina Lara, the custodian or records at Mt. Sinai Hospital testified for the defendant in order to lay the foundation to get the hospital records into evidence.
SETTLED for a total of $950,000: $700,000 for Joanna and $250,000 for Jonathan (Elba's derivative suit was discontinued and dismissed prior to jury selection).

SETTLED
MOTOR VEHICLE ACCIDENT: Torn rotator cuff
McLEOD
vs.
TRANSCARE NEW YORK, INC., SOULEYMANE TRAORE and BORIS KLAYMAN
Index No. 21807/97
Kenneth J. Halperin, Esq. for the Plaintiff
John Szewczuk, Esq. for Defendants Transcare & Traore
Richard G. O'Reilly, Esq. for the Defendant Klayman
Jury selection on 9/15, 9/19 & 9/20.
SETTLED on 9/20 for $825,000 from Transcare & Traore and $30,000 from Klayman

SETTLED
PREMISES LIABILITY-Slip & Fall on Stairs: Herniated Disc L5-S1
LUSILA DIAZ and JOSE NIBAL
vs
PALAZZOLO MANAGEMENT CORP. II. JOHN SANTANGELO and DEBORAH POLLOCK
Index No. 25599/01
Albert Zafonte, Jr. Esq. for the Plaintiffs
Joseph Vozza, Esq. for the Defendants
Jury selection on 9/33 & 9/14
SETTLED on 9/15 for $7,000

Labor Law Accidental Knee Injury to an Electrical Worker at a School Construction Site
Injuries - tear of the posterior horn of the lateral meniscus and tears of the posterior horn and body of he medial meniscus; 2 operative arthoscopies; meniscectomies with a knee replacement in the immediate future
RICHARD JACKSON
and
MARYANN JACKSON
vs
NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY and
SPACE MASTER BUILDING SYSTEMS, LLC
Index # 26242/99
D. Carl Lustig, III & John G. Korman, Esqs. for the Plaintiffs
Robert A. Shaw & George S. Evans, Jr., Esqs. for the Defendants
Jury selection on 8/15.
The plaintiff began his testimony on 8/16.
On 8/17, Jerry Lubliner, an orthopedic surgeon began his testimony.
On 8/18, Rocco Russo from the Joint Industry Board of Electrical Industry (compensation packages) and Edmond Alan Provder, a rehabilitation counselor testified for the plaintiff. The plaintiff continued with his testimony.
SETTLED on 8/19 against defendant Space Master for $750,000 with waiver of Workers Compensation lien totalling approximately $44,000. $100,000 of this settlement will be put into a structured annuity. The loss of services cause of action and lawsuit against the School Construction Authority is discontinued and dismissed with prejudice

DISMISSED WITH PREJUDICE
-failure to prove a prima facie case and failure to prosecute
JURY TRIAL: DAMAGES ONLY
Mohammed Suleiman and Tara Perry
v.
Miamor Transportation Corp. and Rafael A. Rodriguez
Index No. 22829/03
Attorney for Plaintiff: Thomas E. Wojtaszek, Esq.
Attorney for Defendant: Stephen B. Kahn, Esq.
Jury selection on 8/3 & 8/4; preliminary instructions and opening statements
The plaintiffs testified on 8/8
Dismissed with prejudice on 8/10

SPECIAL TRIAL PART
(STP)
SETTLEMENTS

SETTLED
SHERYL WRIGHT
v.
TARIQ HASSAN
Index #27772/2001
Plaintiff's atty : Duane Morgan
Defendant's atty : Daniel Cassidy
Ready and passed from STP on July 29, 8/1.
Settled for $13,500 during jury selection on 8/2

JULY 21, 2005
1) Denise Clarke v. Errol K. Smith & Stanley G. Spencer
Index No. 13765/02
Settlement Amount: $101,500 ($80,000 from defendant Smith; $21,500 from defendant Spencer)
Attorney for Plaintiff: Stanley N. Kutcher, Esq.
Attorneys for defendants: Patrick Colligan, Esq. and Norman Volk & Associates
2) Rafael E. Pena v. Etelrina Pagan and Malinda Pagan
Index No. 23912/02
Settlement Amount: $15,000
Attorney for plaintiff: Rubin & Licatesi
Attorney for defendant: Fishman, Dorfman & Callahan
3) Jasia Rivers, Infant by her guardian ad litem Jacqueline Rivers and Shazon Rivers v. 155th Street Realty Corp., Dan Realty Management Corp., Barry H. Levites
Index No. 7930/97
Settlement Amount: $300,000 (structured); lead based paint poisoniong case - the infant plaintiff sustained blood-lead poisoning levels as high as 33 micrograms per deciliter (g/dL)
Attorney for Plaintiff: Bader & Yakaitis
Attorney for defendant: Steven I. Lubowitz and Bivona & Cohen
4) Lista Sharpe v. Concourse Realty Co.
Index No. 29334/02
Settlement Amount: $32,500
Attorney for plaintiff: Sanocki, Newman & Turret
Attorney for defendant: Rebore, Thorpe & Pisarello

JULY 20, 2005
1) Jose Arana v. Enterprise Leasing Co. and Peguero Rigoberto
Index No. 7348/01
Settlement Amount: $70,000
Atty for Plaintiff: Quaranta & Associates
Atty for Defendant: Thomas J. Leonard, Esq.
2) Ramon Castillo v. Carla E. Boches
Index No. 15960/02
Settlement Amount: $3,500
Attorney for Plaintiff: Ofshtein & Ross
Attorney for Defendant: Wollerstein & Futoran
3) Raul Miller and Maribel Ortiz Pena v. Mohammed O. Oduwole, Miolbar Hacking Corp., Edwin Pacheco and Rachel A. Yode
Index No.: 22697/01
Settlement Amount: $17,500; Dismissed with prejudice against second plaintiff for failure to appear and prosecute.
Attorney for Plaintiff: Krantz & Phillips
Attorney for Defendants: Robert Tusa, Esq. and Norman Volk & Associates
4) Secundina Seche and Armando Seche v. 1630 Realty Associates
Index No. 23544/03
Settlement Amount: $72,500
Attorney for Plaintiff: Kiley, Kiley & Kiley
Attorney for Defendant: McMahon, Martine & Gallagher


SETTLED ON THE EVE OF SUMMATIONS
ALLEGED ASSAULT AT A PRODUCE STORE
The alleged injuries: central disk herniation at C6-C7; anterior cervical discectomy with decompression of spinal cord at C6-C7: broken 4 unit bridge)
Jun-Yon Kim and Hie-Mi Kim v.
James Tramutola
Index No. 20517/98
Counsel for plaintiff: Michael A. Cervini, Esq.
Counsel for defendant: Alfredo J. Alvarado, Esq.
Jury selection on 7/8
Preliminary instructions and opening statements on 7/12. Plaintiff called the following witnesses to the stand: Aida Cruz, registered nurse at Lincoln Hospital, ER department : the triage nurse on date of incident; Jose Saez, a radiology consultant and Dr. Phillip Rafiy, an orthopedic surgeon specializing in orthopedic spine surger [Dr. Rafiy's testimony will continue next week].
On 7/13, Police Officer Jimmy Arroyave testified for the plaintiff. Part of his testimony, part of his memo book entries and the computer generated aided report have been striken. Michael Randolph, a former and current employee of A& J produce testified alomg with Jose Cabasa, the then and current warehouse forman and Robert Antico, a salesman for A&J testified as hostile witnesses for the plaintiff
On 7/14, EMT Lorraine Lewis testified for the plaintiff. The defendant testified out of order. The defendant is the head food salesman; his father and a partner own the business
Portions of the following depositions were read into evidence by the plaintiff on 7/18: Ralph Criscuola (former checker/supervisor); Mark Waters (former night shift foreman).
On 7/18, defendant called the following witnesses out of order: Ralph Criscuola and Mark Waters.
Plaintiff called Chief Jose Colon, Hunts Point Department of Public Safety, Emergency Service Unit (special NYPD patrol officer) on 7/19
On 7/19, plaintiff once again called Police officer Arroyave to the stand. He found the original AIDED card and an exact, duplicate copy of it was entered into evidence. This trial testimony stands and an exact, duplicate copy of his memo book entry for the date and time in question was admitted into evidence. Plaintiff recalled Dr. Rafiy to complete his testimony. Then, plaintiff called his treating chiropractor, Dr. Fokion Averino to the stand.
Plaintiff finished his testimony on 7/20.
The plaintiff rested on 7/21. Dr. Robert Goldberg, an osteopath, testified on 7/21 and 7/25. Defendant rested.
SETTLED for $110,000 on 7/28.

SETTLED
HOOD & HOOD
vs.
THE CITY OF NEW YORK and
THE DEPARTMENT OF TRANSPORTATION
Index # 008257/98
Patrick Daniel Gatti, Esq. for the Plaintiffs
Assistant Corporation Counsel Matthew P. Browne for the defendants
Jury selection on 7/5 and 7/6.
Settled on 7/7 for $50,000. Loss of services cause of acion was discontinued with prejudice.

VERDICT
LABOR LAW: DAMAGES ONLY
(Summary judgment was granted as to liability [3 story fall from scaffold])
The Injuries: L-1 compression (burst) fracture of the spine; Left ankle Talar neck fracture
ADRIATIK KURTI
vs
OCEAN HILL NORTH, LLC, J.E. LEVINE BUILDER,
and ASTELLA DEVELOPMENT
Index # 20653/02
Ivan S. Schneider, Esq. for the plaintiff
Gary A. Cusano, Esq. for the defendants
Jury selection on 6/2 and 6/3
Preliminary instructions and opening statements on 6/7.
On 6/9, Dr. Marc Silverman, an orthopedic surgeon, testified for the plaintiff.
Albert Tindel, an orthopedic surgeon specialing in spinal surgery, testified for the plaintiff on 6/10
On 6/13, Dr. Marini, a physical medicine and rehabilitation expert with a specialty in pain management, testified for the plaintiff. He completed his testimony on 6/14.
Dr. Marc Kramer, an independent medical examiner, an orthopedist, testified for the plaintiff in the afternoon on 6/14.
Dr. Tindel finished his testimony on 6/15. Dr. Shuster, Ph. D., an expert in psychology, neuropsychology and vocational rehabilitation, testified in the afternoon
On 6/16, Economist Conrad Berenson testified for the plaintiff.
A private investigator for the defendant, Gregory Knispel, who conducted a video surveillance of the plaintiff, was called by the plaintiff pursuant to subpoena on 6/17.
The plaintiff testied on 6/22, followed by his wife Valentina, sister-in-law Valentina Necha and brother-in-law Marash Necha.
The plaintiff rested on 6/22.
On June 27th, Dr. James Pascuitti, a rehabilitation and employability consultant, testified for the defendants on 6/29.
Dr. Rene Elkin, a neurologist specializing in Ms and spinal cord injuries, testified for the defendant.
Dr. John Buckner, an orthopedic surgeon specializing in spinal surgery and disability medicine, testified for the defendants on 6/30. Both sides rested and summed up.
Charge and deliberations on 7/1.
VERDICT for plaintiff* on 7/1.
Past hospital expenses: $115,465.46; past physician expeneses: $100,000; past pain and suffering: $300,000; future physician expenses over 40 years: $200,000; loss of earnings: $300,000 over 20 years; custodial care:none; future pain and suffering: $600,000 over 40 years.
*Plea negotiations: the demand - $7.5 million; plaintiff - $5 million; the Court - $4.25 million; defendants - $2.2 million

SETTLED
Glavey v City of New York
Index # 25635/99
Amt: $60k
Attorneys: Plaintiff - Kyle Waters
Defendant - Joseph Mohbat
SETTLED on June 3, 2005.

VERDICT
ALLEGED ASSAULT & BATTERY OF PLAINTIFF PASSENGER BY A NYC BUS DRIVER INSTRUCTOR
VICKI MORRIS
-against-
MANHATTAN TRANSPORTATION AUTHORITY,
MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY,
NEW YORK CITY TRANSIT AUTHORITY and
PEDRO RESTO
Index # 28061/01
John H. Shields, Esq. for the Plaintiff
Horace O.K. Rhoden, Esq. for the NYC Transit Authority et al
Lonnie Hart, Esq. for the Defendant Resto
Jury selection on 5/20
Preliminary instructions, opening statements on 5/24. On this date, Dr. Stanley Cohen, a neurologist, testified for the plaintiff. His diagnosis was that she has suffered from acute post traumatic stress disorder as a result of this incident.
Out of order, defendant Resto called Dr. Solomon Miskin to the stand. He testified that plaintiff suffered from an adjustment disorder with mixed emotional features not necessarily related to the incident.
On 5/26, the plaintiff began her testimony which continued on 5/27.
Out of order, defendant Resto called responding Police Officer Maureen Morgan to the stand.
In the afternoon, bus operator Ramon Rosario, Vincent Brady (the student bus driver at the time of the incident) and a NYTA supervisor, Joseph Tichio testified for the defendant Resto.
On 5/31, Mr. Tichio finished his testimony. Defendant bus driver Resto testified.
Summations during the afternoon of 5/31. Charge and deliberations on 6/1.
VERDICT for the defendants.


SETTLED
LABOR LAW: DAMAGES ONLY
ANTONI SKUBISZ
against
CROMWELL ASSOCIATES, BERNARD McELHANE and MERLON MANAGEMENT CORP.
Index # 16725/98
Michael S. Bender, Esq. for the Plaintiff
John O. Fronce, Esq. for the Defendants
Jury selection on May 13.
Preliminary instructions, opening statements and the plaintiff on 5/16.
SETTLED for $725,000 on 5/16.

VERDICT
LOSS OF WAREHOUSED PERSONAL PROPERTY
BERNARD H. GLATZER
vs
MICHAEL F. HANLEY MOVING & STORAGE INC. and
NORTH AMERICAN VAN LINES, INC.
Index # 13692-99
Paul Wexler, Esq. for the Plaintiff
Eurydice Kelley, Esq. for the Plaintiff
Kenneth M. Piken, Esq. for the Defendant HANLEY
Barry N. Gutterman, Esq. for the Defendant NAVL
5/4 - Preliminary instructions, opening statements and the plaintiff began his testimony.
5/5 - Plaintiff resumed testifying; out-of-order, Charles Rosoff, a fine arts, antiques abd decorative arts appraisal expert, testified for the plaintiff. Mr. Glatzer finished testifying in the afternoon.
On 5/6, plaintiff's counsel read from the deposition of Diana Mehlhop-Kolakauskas who did marketing for NAVLs and Richard Peet, the then GM of defendant Hanley with responsive readings by defense counsel.
5/9 - Plaintiff called Michael F. Hanley. Plaintiff rested. Hanley testified on his own behalf. Gerard Hanley, the relocation consultant and warehouse manager, testified for Hanley. All sides rested. Charge conference. Summations.
Charge and deliberations on 5/10. Deliberations continued on 5/11.
VERDICT: for plaintiff against Hanley only. Breach of contract/negligence -$350,000; Conversion - $50,000.

(Submitted on June 17, 2005)
Relief Sought: Motion by plaintiff for an order: a) directing the clerk of the court to enter judgment on a jury verdict dated May 11, 2005 in favor of plaintiff against defendant Michael F. Hanley Moving and Storage, Inc. which judgment shall include treble damages under the Truth in Storage Act and pre-judgment interest as of January 23, 1998; b) referring to a Special Referee to hear and report the reasonable value of plaintiff's legal fees and disbursements pursuant to the Truth in Storage Act.
(Decided on June 28,2005)
Plaintiff is permitted to enter judgment on the jury’s verdict in the amount of $400,000, which constituted the actual damages, trebled, which totals $1,200,000.
With respect to the reasonable value of plaintiff’s legal fees, the matter is hereby referred to a Judicial Hearing Officer to hear and report with recommendations. The JHO will be assigned by the Administrative Judge.
The claim for attorney's fees as originally submitted in the amount of $120,000 is granted in the reduced amount of $70,000. The basis for this reduction is the elimination of the partner's time during the discovery process and the elimination of any associate's time during the trial.
Said amount is without prejudgment interest to date.

The motion by defendant Michael Hanley to amend the subpoena served on his accounting firm of Kofler, Levenstein, Romanotto & Co., P.C., is denied.
This court agrees that there were allegations that Mr. Hanley had been operating similar business under other names in order to avoid creditors. Plaintiff, as a judgment creditor, is permitted to inquire into transfers “to determine whether the judgment debtors concealed any assets or transferred any assets so as to defraud the judgment creditor or improperly prevented the collection of the underlying judgment.”(citations omitted). Young v. Torelli, 135 A.D.2d 813 (2nd Dept. 1987). Judgment debtors cannot hide behind their corporations in order to avoid judgment creditors.
Accordingly, the motion to quash or amend the subpoena is denied in all respects. ENTERED on 1/11/06

Appeal from order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered on or about July 27, 2005, which granted plaintiff's motion for entry of judgment of treble damages on a jury verdict of $400,000, deemed an appeal from a judgment, same court and Justice, entered August 12, 2005, in favor of plaintiff in the amount of $1.2 million, unanimously reversed, on the law and the facts, without costs, the judgment vacated, and a new trial on damages directed, unless, within 30 days after service of a copy of this order with notice of entry, plaintiff stipulates to reduction of the damages award from $1.2 million to $15,000, and to entry of an amended judgment in accordance therewith.
The damages awarded deviated materially from what is reasonable compensation under the circumstances to the extent indicated (CPLR 5501[c]; Cruz v City of New York, 33 AD3d 394 [2006]). Plaintiff's testimony is, in key respects, contradicted by an affidavit he submitted. In addition, his testimony is riddled with inconsistencies and we find it unworthy of belief.
We reject plaintiff's claims for treble damages.
M-2815Glatzer v Michael F. Hanley Moving and Storage, Inc., et al.*2
Motion seeking leave to supplement the record granted.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: AUGUST 23, 2007



November 2, 2005.

SETTLED
ALLEGED POLICE MISCONDUCT:ASSAULT, BATTERY & FALSE IMPRISONMENT
AUCAPINA
vs
THE CITY OF NEW YORK
Index # 15497/1996
Janese N. Thompson Esq. for the Plaintiff
Assistant Corporation Counsel Matthew P. Browne for the City
4/26 & 5/2
SETTLED on 5/2 for $150,000

SETTLED
MANUAL GARAGE DOOR ACCIDENT: LIABILITY ONLY
WALTER BOWDEN
-against-
WILSON & WILSON
Index # 26258/2001
Michael K. Maiolica, Esq. for the plaintiff
John A. Corring, Esq. for the defendant
Preliminary instructions and opening statements on 4/22.
The plaintiff along with his consultant engineer, Daniel S. Burdett, specializing in accident reconstruction, testified on 4/25. Plaintiff's attorney read from the defendant's deposition.
SETTLED on 4/26 for $50,000.

VERDICT
MVA (TWO CAR COLLISION)
WANDA COLON
against
Peter J. MONTEMURRO
Index # 14565/2000
Michael Z. Huguenot, Esq. for the plaintiff
Mark. J. Kalmanowitz, Esq. for the defendant
Conference on 4/13
Mr. Huguenot read from the defendant's deposition and his client, the plaintiff, testified.
On 4/18, plaintiff's doctor Michael Palmeri, an orthopedic surgeon, testified. Dr. Melissa Sapan, a diagnostic radiologist, testified for the defendant. Then counsel read from the depositions of the plaintiff and the defendant. In rebuttal, plaintiff's counsel read from the defendant's deposition.
On 4/20, Dr. Kenneth Falvo, an orthopedic surgeon, testified for the defendant.
Summations, charge and deliberations on 4/21.
VERDICT for the plaintiff: Plaintiff was found to have "sustained a significant limitation of use of a body function or system" thereby establishing a no fault threshold for the imposition of damages; plaintiff was awarded $180,000 for past pain and suffering; $20,000 for past lost of earnings.
(Directed verdict granted on the issue of liability but question of proximate cause/substantial factor was submitted to the jury on the written verdict sheet for potential appellate purposes)
(Submitted on September 12, 2005)
Relief Sought: Moton by defendant for an order: 1) vacating the judgment in this matter, entered on June 6, 2005 and served upon defendant on July 11, 2005 on the grounds that said judgment is defective as a matter of fact and law; 2) In the alternative, amending the judgment to appropriately reflect an award for lost wages in the sum of $12,000 on the grounds that the judgment of $20,000 for lost wages was erroneous in part as a matter of law; 3) compelling plaintiff to provide a partial and/or complete satisfaction of judgment depending on the court's resolution of the prior issue; 4) for costs and disbursements of the instant motion.
The motion by defendant for an order vacating the judgment in this matter entered on June 6, 2005 and served upon defendant on July 11, 2005 on the grounds that said judgment is defective as a matter of law or in the alternative, amending the judgment to appropriately reflect an award for lost wages in the sum of $12,000 on the grounds that the judgment of $20,000 for lost wages, was erroneous in part as a matter of law, is granted to the extent that the judgment is hereby amended to appropriately reflect an award for lost wages in the sum of $12,000.
Defendant’s motion is granted to the extent that the judgment entered by the plaintiff dated June 6, 2005 is hereby amended to strike $8,000 from the award for lost wages. Moreover, there is no dispute that plaintiff has been paid the total sum of $195,291.62 representing $180,000 for past pain and suffering, her statutory disbursements, and the $12,000 for lost wages together with interest up through and including June 3, 2005. Therefore, defendant is entitled to a total satisfaction of judgment. Entered on October 14, 2005

VERDICT
RIKER'S ISLAND INMATE-ON-INMATE ASSAULT
CLARENCE McCOLLUM
vs
THE CITY OF NEW YORK
Index # 14847/96
Andrew Plasse, Esq. for the Plaintiff
Assistant Corporation Counsel Peter J. Shaw for the City
Conference on 4/6
The plaintiff and C.O. Carolyn Broughton (out of order for the defendant) testified.
On 4/8, C.O. Tyrone Slater testified, out of order, for the defendant
Inmate Robert Chambers testified for the plaintiff on 4/11
Summations, charge and deliberations on 4/12.
VERDICT for plaintiff: The City was 70% at fault; Robert Chambers was found to be 30% responsible (Article 16 CPLR); past pain and suffering awarded in the amount $25,000

VERDICT
TRIP & FALL
ESTEBANIA FELICIANO
vs
THE CITY OF NEW YORK
Index # 16221/1999
Seth A. Harris, Esq. for the Plaintiff
Assistant Corporation Counsel Mark Tyler & Catherine Cotter for the City
Preliminary instructions, opening statements and the plaintiff testified on 4/1
On 4/4, Dorothy Dozier from the Department of Transportation (the notice witness) and Dr. Jonathan Korn, an orthopedic surgeon, testified for the plaintiff.
Summations, charge, deliberations and VERDICT for the plaintiff on 4/5.

Defendant's motion for an order staying the entry of judgment until 60 days after the decision on all post-trial motions; setting aside the jury=s verdict as a matter of law on grounds that the verdict was against the weight of the evidence and ordering a new trial or in the alternative, granting a new trial as to damages alone due to improper and objectionable statements included in plaintiff=s summation in contradiction to C.P.L.R. '3017( c) and insufficient evidence to support lost earnings and other damage awards; dismissing or, in the alternative, reducing the jury=s verdict as excessive pursuant to C.P.L.R. ''4404, 4405 and 5501( c), is granted only to the extent that the jury=s award as to past pain and suffering and future pain and suffering are hereby reduced.
The trial involved injuries sustained by plaintiff after she fell on a defective sidewalk. On April 5, 2005, the jury awarded plaintiff damages as follows: past pain and suffering in the amount of $500,000; past loss of earnings in the amount of $63,000; future pain and suffering over a twenty-year period in the amount of one million dollars and future loss of earnings over a period of eight years in the amount of $96,000.
This court finds that the jury=s award for past pain and suffering in the amount of $500,000 is excessive and should be reduced to $250,000 and the jury's award for future pain and suffering in the amount of one million dollars over 20 years, is also excessive and should be reduced to $500,000.
ENTERED on June 6. 2005

VERDICT
NEGLIGENCE: WORKER/TRUCK ACCIDENT ON A CONSTRUCTION SITE
KURTAJ
vs
TRUCK-RITE DISTRIBUTION, TRUCK-RITE CORP. and JOHN R. KORZENIEWSKI
Index #13392/00
Richard N. Slater, Esq. for the Plaintiff
John F. Boland, Esq. for the Defendants
Jury selection on 3/16 & 3/17
Deposition of truck driver Korzeniewski and the beginning of plaintiff's testimony on 3/18.
Out of order, Police Officer Michael Bahrenberg, the responding officer, testified and the plaintiff's testimony continued on 3/21. Dr. Dennis Rossi, a radiologist, also testified.
Dr. Lewis Rose, an orthopedic surgeon, testified (out of order) for the plaintiff on 3/22. Plaintiff finished his testimony in the PM followed by Lynn Gorsline from HRH Construction for the defendant out of order.
On 3/23, plaintiff presented Tamara Horvath from neurologist Boppana's office to admit the doctor's medical records. Plaintiff rested.
Defendant called Christopher Todino, a licensed master plumber and the worksite sewer contractor, to the stand. Safety engineer and expert Stanley Fine and defendant Korzeniewski testified in the afternoon on 3/23
Dr. Adam Bender, a neurologist, testified for the defendant on 3/28 in the afternoon. Both sides rested.
Summations on 3/29. Charges and deliberations on 3/30. Deliberations and verdict on 3/31.
VERDICT FOR PLAINTIFF: Past lost earnings-$225,000; past pain & suffering-$60,000; past medical expenses-$14,000; Percentages of fault : Defendant Korzeniewski - 10%; HRH Interiors - 90%.
Case summary published after verdict:
Plaintiff contends that the defendant truck driver, "not seeing that which he was supposed to see," ran over an open and uncovered manhole which he was working in, running an 18 wheeler truck wheel and tire over the back of his neck and upper back as he was working in the hole, causing him to suffer a lower back (lumbar) herniated disc.
The defendant truck driver maintains that he was guided by a worker for the general contractor HRH (never deposed nor identified) over the unfinished and rugged terrain of the work site which was unmarked by safety cones and caution tape. Plus, he claims that his truck tire never went into that hole.
The defendant truck driver (through the attorney for his company's insurance carrier) is both contesting whether and to what extent the plaintiff suffered a herniated disc which impinges on nerves and he's contesting liability, saying that the general contractor HRH was responsible for the safety of workers on the work site.
The general contractor HRH and the subcontractor Todino settled with the plaintiff prior to trial.

SETTLED
NEGLIGENCE: TRIP & FALL
ROSADO and ROSADO
-against-
THE CITY OF NEW YORK and
THE NEW YORK CITY HOUSING AUTHORITY
Joseph G. Macaluso, Esq. for the Plaintiffs
Assistant Corporation Counsel Peter J. Shaw for the CITY
Marisa Goetz, Esq. for the NYCHA
Jury selection 3/15 & 3/16
SETTLED on 3/17 for $250,000 in favor of plaintiff Hector Rosado ($125,000 from each defendant). Loss of services claim of plaintiff's wife was discontinued

VERDICT ON 3/14
NEGLIGENCE: NEEDLE STICK TO A MEDICAL ASSISTANT EXTERN AFTER ATTEMPTING TO DRAW BLOOD FROM AN AIDS PATIENT
VANESSA SIMS and WARREN SIMS
-against-
COMPREHENSIVE COMMUNITY DEVELOPMENT CORP.,
SOUNDVIEW HEALTH CENTER,
BURNSIDE MEDICAL CENTER and
ULTRASOUND DIAGNOSTIC SCHOOL
Index #22015/00
Dennis A. Brightner, Esq. for the Plaintiffs
Harold Y. MacCartney, Esq. for the defendant Burnside Medical Center, Soundview & Comprehensive
Robert D. Wilkins, Esq. for the defendant Ultrasound
Conferenced on 3/1 after jury was selected
On 3/2, plaintiff witness Michelle Cortillo, a career advisor & clinical coordinator for medical assistant students, testified followed by Jeanette Torres, the then and current clinical coordinator at defendant Burnside Medical
The plaintiff Vanessa Sims testified on 3/3.
On 3/7, expert nurse Rosemary Nagler, testified for plaintiff on the universal precautions taught to medical assistant students in 1999
Dr. Louis Weiss, an infectious diseases expert & consultant and Dr. Mark Rubinstein, a psychiatrist, testified for the plaintiff.
On 3/9, out of order, Dr. Scott Wetzler, a psychologist, testified for Burnside and Dr. William Head, a psychiatrist, testified for Ultrasound. Rahima Hannah, a medical assistant who trained at defendant Ultrasound and worked with plaintiff at the clinic on date and time of the needle stick, testified for defendant Burnside,.
Ms. Hannah's testimony was continued and completed on 3/10. Mr. Sims testified for the plaintiffs
Summation on 3/10
Charge and deliberations on 3/11
Deliberations and verdict on 3/14
VERDICT FOR PLAINTIFFS: Fear of developing AIDS: $650,000; Post Traumatic Stress Disorder: $100,000; apportionment - Burnside 75%; Ultrasound 25%; Mr. Sims' past loss of services: $40,000.

(Submitted on August 3)
Relief Sought: Motion by defendants Comprehensive Community Development Corp., Soundview Health Center and Burnside Health Center for an order pursuant to CPLR 4404(a), setting aside the jury verdict, directing that judgment be entered in favor of the defendants upon the ground that the defendants are entitled to judgment as a matter of law, a new trial, and/or a reduction of the grossly excessive verdict.
(Submitted on August 5, 2005)
Cross-motion by defendant Ultrasound Technical Services, Inc., i/s/h/a Ultrasound Diagnostic School for an order pursuant to CPLR section 4404(a), for a new trial and/or a reduction of the excessive verdict.
(Decided on August 16, 2005)
The motion by defendants Comprehensive Community Development Corp., Soundview Health Center, and Burnside Health Center and the cross-motion by defendants Ultrasound Technical Services, Inc., i/s/h/a Ultrasound Diagnostic School, for an order setting aside the jury verdict, directing that judgment be entered in favor of the defendants, and directing a new trial and/or a reduction of the jury’s award as grossly excessive, are denied in their entirety.

SETTLED
A TEACHER IS ALLEGEDLY INJURED ON A SCHOOL BUS
FAULCON
against
JODI BUS CO., INC. and
LONERO TRANSIT, INC.
Index #
Bruce A. Petito, Esq. for the Plaintiff
Abigail Martas, Esq. for the Defendant (voir dire only)
Jury selection on 2/22, 2/23 & 2/24.
On 2/25, Isabela Johnson testified as a damage witness and Ellen Kaufman testified as an occurrence witness for the plaintiff. Adjourned at noontime to 3/1 due to sabbath observance of one of the attorneys.
SETTLED on 2/25 in the early afternoon, out of the presence of the court, for $115,000 subject to a Workers' Compensation lien in the amount of $90,000 ($50,000 of that amount to be paid by No-Fault). The attorneys will put this settlement on the record on 3/1.

SETTLED
REAR END MOTOR VEHICLE ACCIDENT
GONZALEZ
vs
PICHARDO
Index # 25024/01
Lawrence Rosman, Esq. for the Plaintiff
Antonio S. Grillo, Esq. for the Defendant
Jury selection on 2/18
Preliminary instructions on 2/22. SETTLED in the afternoon for $14,250

VERDICT
INQUEST JURY TRIAL ON DAMAGES AS A RESULT OF A LEGAL MALPRACTICE DEFAULT JUDGMENT (Failure to gain custody of a child)
COBIAN
vs
SANCHEZ
Index # 1708/01 Eric Press, Esq. for the Plaintiff
Bianka P. Vega, Esq. for the Defendant
Jury selection on 2/8 & 2/9
Bishop Doctor Mendez, a psychologist, and Annette Pena testified for plaintiff on 2/9
On 2/10, friend Donald Brown and sister Frances Cobian testified in the AM. Out of order, social worker Kelli Wiethan and Frances Cobian testified in the afternoon.
The plaintiff testified on 2/15 followed by the testimony of the defendant on direct.
The defendant was cross examined on 2/17.
Summations, charge and deliberations on 2/17. Deliberations continued on 2/18.
VERDICT for the plaintiff for past mental suffering and loss of enjoyment of life and $8000 for attorney's fees paid to defendant.

(Submitted on 4/12/05)
Leopoldo Cobian and Tamika Cobian v. Matilda Sanchez
Index No. 1708/01
Relief Sought: Order pursuant to CPLR section 4401 dismissing
plaintiffs' action for failure to make out a prima facie case for
damages on which this court had reserved decision and for judgment
pursuant to CPLR section 4404: 1- for judgment notwithstanding the
verdict; 2- to set aside the jury's verdict as improper and against the
weight of the credible evidence; 3- to set aside the jury's award for
non-pecuniary loass as improper and contrary to law and evidence; 4- to
set aside the verdict and order a new trial based on Juror #3 after
engaging in conversation with the plaintiffs.
VERDICT
LABOR LAW: THIRD DEGREE BURNS ON BODY FROM HOT ASPHALT WHILE TARRING ROOF FOR SUBCONTRACTOR
ACOSTA
vs
7-11 East 13th Street Tenant's Corp. & Wolf Installations
Index Number 20482/01

Ryan, Esq. for the Plaintiff
Gross, Esq. for the Defendants
Jury selection on 1/27 & 1/28
Only the plaintiff opened on 1/31
On 2/1, there was the testimony of the plaintiff. Licensed Professional Safety Engineer Stanley Fine and Dr. Donald Weisman, a plastic surgeon, also testified.
Michael Joseffer, the project field director and on site coordinator, representing the general contractor Wolf, testified for the plaintiff as a hostile witness on 2/2.
The plaintiff rested on 2/3. The defendants made their opening statement and called the one of the owners of defendant Wolf, Mark Heineman, as a witness.
On 2/4, Robin Barraza, "Chuy," the job forman for Colema Construction Corp., thesubcontractor and Scott Silverman, a President of an enfginnering consultant firm, testified for the defendants. The defendants rest.
Summations and charge and deliberations on 2/8
VERDICT for the plaintiff: $200,000 for past pain and suffering; $200,000 for future pain and suffering over the next 20 years; $19,000 for medical expenses; Percentage of fault-defendant WOLF :75%; plaintiff: 25%

SETTLED
TRIP & FALL
RUBEN SIERRA, an infant by his mother and
natural guardian VIRGINIA REYES
-against-
THE CITY OF NEW YORK
#17829/99
Keith LePack, Esq. for the Plaintiff
Assistant Corporation Counsel John K. Kouroupas for the City
Jury selection on 1/25
Plaintiff testified on direct on 1/27
SETTLED on 1/27 for $32,500

SETTLEMENT
SUBWAY INTERIOR DOOR SLAMMED ON PLAINTIFF'S HAND FRACTURING IT IN 3 PLACES
NILDA HILERIO
vs
NEW YORK CITY TRANSIT AUTHORITY
Index # 27505/01
Edward L. Ford, Esq. for the Plaintiff
Paul Agustin Krez, Esq. for the NYCTA
The plaintiff testified on January 24th. SETTLED for $2,500

VERDICT
ALLEGATIONS OF FALSE ARREST, FALSE IMPRISONMENT AND MALICIOUS PROSECUTION
SEVERINO PEREZ
vs
THE CITY OF NEW YORK,
THE NEW YORK CITY POLICE DEPARTMENT,
POLICE OFFICER CAROL HEALY
and
POLICE OFFICER PAUL MALDONADO
Index Number 22184/97
Wayne M. Wilansky, Esq. for the Plaintiff
Assistant Corporation Counsel James Snashall for the CITY and NYPD
Thomas G. Cascione, Esq. for P.O. Healy
Jury selection on 1/10 & 1/11
On 1/12, plaintiff's criminal defense attorney Nicholas Velez testified in the morning and the plaintiff completed his direct examination in the afternoon.
Plaintiff testified on cross examination on 1/13.
On 1/14, eyewitness neighbor Anthony Mari and plaintiff's then girlfriend and eyewitness Lydia Luz Beltran testified for the plaintiff.
The plaintiff rested on 1/18. Motion to dismiss denied. The City read from Ms. Healy's and P.O. Maldonado's deposition with responsive readings from the plaintiff. The defendants rested. Motions to dismissed denied.
Summations, charge and deliberations on 1/20. Deliberations continued on 1/21.
VERDICT for plaintiff against The City on 1/21 as follows:
$250,000 for False Arrest and False Imprisonment for the first 24 hours of confinement;
$300,000 for Malicious Prosecution from the date of arrest up to and including the date of acquittal by jury;
$7,000 for legal fees to defend the criminal prosecution;
$25,000 for loss of earnings;
$200,000 for damages, including shock, fright, humiliation, damage to reputation, etc. from date of acquittal to present date;
$318,000 for 5 years for future damages including the permanent consequences thereof.
Parenthetically, the plaintiff initially wanted to settle for $100,000. The City offered only $25,000 during jury selection; went up to $50,000 after making its motions to dismiss and went up again to $75,000 the second morning of deliberations.

(Submitted on 4/26/05)
Severino Perez v. The City of New York, The New York City Police
Department, P.O. Carol Healy and P.O. Paul Maldonado
Index No. 22184/97
Relief Sought: 1- Motion by defendants City of New York and P.O. Paul
Maldonado for an order pursuant to CPLR sections 4404, 4405, 4406, 5501
to a) stay entry of judgment until 60 days after the decision on all the
post trial motions, including but not limited to motions pertaining to
the judgment itself; b- to set aside the jury's liability verdict as a
matter of law and grant judgment in favor of the defendant City of New
York; c- for an order of remitter; d- for an order to set aside the
verdict on damages on the grounds that the verdict was excessive and
contrary to the weight of the evidence; e- for an order granting a
hearing on the appropriate rate of interest to be set on any award of
damages to plaintiff; f) for an order to set forth a collateral source
hearing; 2- Cross-motion by defendant P.O. Carol Healy for an order to
direct a verdict in favor of defendant P.O. Carol Healy in her
cross-claim for indemnification as against defendant City of New York.

(Submitted on August 16, 2005)
Relief Sought: Motion by P.O. Healy for an order pursuant to Judge Hunter's revised order dated June 15, 2005 and entered June 21, 2005, setting the amount of movant's legal fees and permitting the entry of judgment in that amount.
Upon the foregoing papers, the motion by defendant P.O. Carol Healy for an order setting the amount of movant’s legal fees is hereby referred to a Judicial Hearing Officer (JHO) to hear and report with recommendations.
The JHO will be assigned by the Administrative Judge. Upon recommendation by the JHO to this court, as to the reasonable value of the legal fees, this court will then set the amount of the legal fees and permit the entry of judgment. ENTERED on August 18, 2005

Relief Sought: Motion by P.O. Healy for an order pursuant to Judge Hunter's revised order dated June 15, 2005 and entered June 21, 2005, setting the amount of movant's legal fees and permitting the entry of judgment in that amount.
The motion by defendant P.O. Carol Healy for an order setting the amount of her legal fees was referred by this court to a Judicial Hearing Officer (JHO) to hear and report with recommendations.
The JHO assigned to hear this matter was Hon. Anne E. Targum. The hearing was held on October 20, 2005.
This court adopts the recommendations made by the JHO. Accordingly, this court concludes that the amount of defendant P.O. Carol Healy’s legal fees shall be set as follows: $21,000 for her current attorneys, Cascione, Purcigliotti &Galluzzi, P.C. and $10,000 for the law firm of Levine & Gilbert, her former attorneys.
Defendant P.O. Carol Healy is permitted to enter judgment in the total amount of $31,000.
Movant is directed to serve a copy of this order with notice of entry upon all parties and file proof thereof with the clerk’s office.
This constitutes the order of this court.
Dated November 10, 2005

VERDICT
SLIP & FALL
SANTA MENDOZA
vs
THE NEW YORK CITY BOARD OF EDUCATION
Index # 8603/96
Michael E. Glynn, Esq. for the Plaintiff
Assistant Corporation Counsel James Snashall for the City
Jury selection on Jan. 3rd and the morning of Jan. 4th
The plaintiff testified on 1/4.
Out of order, eyewitness Eva Mercado testified for the plaintiff on 1/5, followed by the conclusion of the plaintiff's testimony. In the afternoon, Howard D. Valensweig, an orthopedist, testified.
On 1/6, Mark Heyligers, a doctor of chiropractic, testified for the paintiff. Both sides rested. Charge conference held.
Summations, charge and deliberations on 1/7
VERDICT for the defendant

VERDICT/SETTLEMENT
SLIP & FALL
GARCIA
vs
ANDREWS PLAZA HOUSING ASSOCIATES
and
METRO MANAGEMENT DEVELOPMENT
Index # 25864/01
Thomas J. Nolan, Esq. for the Plaintiff
Marguerite D. Peck, Esq. for the Defendants
Jury selection on 12/13.
On 12/14, after preliminary instructions and opening statements, the plaintiff testified.
On 12/14, a portion of witness building supervisor Hector Brea was read to the jury by plaintiff's counsel. Out of order, the defendant called eyewitness porter/superintendent Nelson Garcia. Hector Brea testified next.
Plaintiff's expert examining plastic surgeon, Dr. Ignatius Roger, testified for the plaintiff. Both sides rested.
Summations and charge on Wednesday, 12/15.
VERDICT for the defendant BUT before the verdict was read into the record and ENTERED, the case was SETTLED for $30,000 (minus attorneys fees, cost and disbursements, it will net the plaintiff approximately $14,000).


VERDICT
BAR FIGHT WHICH INVOLVED THE OFF DUTY POLICE OFFICER PATRON WITH AN ALLEGED RESULTANT INJURY
TURNER
-against-
THE CITY OF NEW YORK, F&E LOUNGE, INC.,
d/b/a KAMIKAZE CLUB, ORTIZ, MAISONET and SERRANO
Index #15594/95
Howard Greenwald, Esq. for the Plaintiff
Steven M. Koulish, Esq., Assistant Corporation Counsel for the City of New York
Harry M. Forman, Esq. for the Kamikaze Club
Jury selection on 11/29 & 11/30
Plaintiff testified on 12/1.
Plaintiff finished his testimony on 12/2. Eyewitness PO Joel Rosado testified for the plaintiff, along with retired NYPD Detective Lieutenant Alban Brown, a hostile plaintiff's witness
On 12/3, PO Raymundo Rosado took the stand for the plaintiff; Sgt. Ernest Moeller and Peter Tessitore, the VP of the Kamikaze Club testified as hostile witnesses for the plaintiff.
Eyewitness Figueroa testified for the plaintiff and club manager Marc Tessitore testifed for the Club on 12/6.
Marc Tessitore continued his testimony on 12/7. Retired PO William L. Acosta testified for the City on 12/7. Summations were delivered in the afternoon.
Charge and deliberations on Wednesday 12/8.
VERDICT for plaintiff on 12/9 against the Kamikaze Club only. Default judgments were previously entered against Maisonet and Ortiz. Serrano was never served. The jury apportioned fault as follows: The Club - 65%; the 3 individually named defendants - 35% ... which means that pursuant to Artilce 16, the Club has the responsibility of paying the entire amount of the award. Plaintiff was compensated for pain and suffering to date in the amount of $200,000.
(Motion submitted on January 20, 2005)
The motion by defendant F&E Lounge Inc. d/b/a Kamikaze Club (hereinafter AF&E Lounge@) pursuant to C.P.L.R. 4403, for an order setting aside the jury damages award as excessive is denied. This court finds that the amount awarded by the jury in this case for pain and suffering was not excessive and did not materially deviate from what would be reasonable. (CPLR 4404). ENTERED on 1/26
January31, 2005: Howard Greenwald, Esq., counsel for plaintiff in the above-referenced matter, was sanctioned by this court during the trial in this case. Mr. Greenwald was sanctioned for disobeying many rulings made by this court and for demonstrating an utter lack of respect for the court. Mr. Greenwald was given an opportunity to be heard prior to this court’s imposition of said sanctions.
After much deliberation on this matter, this court finds that the imposition of sanctions against Mr. Greenwald is unwarranted at this time. However, Mr. Greenwald is cautioned that in the future, this kind of behavior will not be tolerated and financial sanctions will be summarily imposed or Mr. Greenwald will be held in contempt of this court.
This constitutes the order of this court.


VERDICT
COLLISION BETWEEN A GARBAGE TRUCK & AN 18 WHEEL TRACTOR TRAILER
LIABILITY ONLY

ALEXANDRE
against
SEGURA
Index Number 23213/01
Joseph M. Lichtenstein, Esq. for the Plaintiff
Lorienton N. A. Palmer, Esq. for the Defendant
Jury selection on 11/18. Opening statements and the plaintiff's testimony on 11/19
Accident Reconstructionist Nicholas Bellizzi testified for the plaintiff on 11/22.
On 11/23, the defendant and one of the responding police officers, Edward Velasquez from the 41 Precinct, testified.
Summations and charge on 11/24
VERDICT for the defendant, however, due to a "so ordered" structured "hi/low" agreement entered into during trial, the plaintiff will receive $300,000 as compensation for his injuries, a shattered leg which resulted in being amputated.
The text of this complicated "hi/low" agreement will be hyperlinked from this web site shortly
http://hometown.aol.com/judgehunter/page5.html

SETTLED
AUTOMOBILE ACCIDENT
COTTON
vs
WONG & GAO
Index # 25831/01
Bernard W. Hylan, Esq. for the Plaintiff
Robert Valenti, Esq. for the Defendants
Jury selection and case settled on Nov. 17th.

SETTLED
LEAD BASED PAINT POISONING
VANESSA MEDRANO, an infant by her
mother, IRIS SUERO, and, IRIS SUERO,
Individually,
-against-
KRAM MARS REALTY CO., LLC., HENRY
MOSES JR., ROBERT MOSES; BRONX
MANAGEMENT LLC, SANJAYA MALLICK;
U.S. MANAGEMENT LLC.
Index Number 25519/99
Sheldon J. Tashman, Esq. for the Plaintiffs
Lucinda Alfieri, Esq. for the defendant landlord Henry Moses, Jr.
Christine Fernandez, Esq. for the defendant landlord Sanjaya Mallick
U.S. Management defaulted prior to trial
Jury selection on Nov. 15th
Preliminary instructions and opening statements on 11/16
Settled on 11/17 for $650,000: Moses - $287,500; Mallick - $362,500. Plaintiff's attorney will structure this settlement and an infant's compromise order will need to be entered

SETTLED
TRIP & FALL
WILLIAMS
vs
THE CITY OF NEW YORK
Index #18537/98
Howard I. Getz, Esq. for the Plaintiff
Assistant Corporation Counsel Eileen R. Fullerton for the defendant City
SETTLED after opening statements on 11/12 for $150,000

VERDICT
TRIP & FALL: SNOW & ICE
SONIA OCHOA
vs
THE CITY OF NEW YORK, 2051 WEBSTER AVENUE LLC and HUGH LEWIS REAL ESTATE MANAGEMENT
Index # 23332/00
Alexander C. Aviles, Esq. for the Plaintiff
Assistant Corporation Counsel Matthew P. Browne for The City
Daniel D. Flynn, Esq. for the Defendant apartment building owner 2051
Jury selection on 11/4
On Friday, Nov. 5, plaintiff called her former boyfriend and an eyewitness Cesar Martinez to the stand
Plaintiff finished her testimony on 11/8. The case against the defendant City was dismissed.
Dr. Stanley Liebowitz, an orthopedic surgeon, testified for the plaintiff on 11/9.The plaintiff and the defendant rested.
VERDICT for defendant on 11/10

SETTLED
QUELIS GALVIN
vs
NEW LINE REALTY V. CORP.
Index # 7837/98
Brian C. Lockhart, Esq. for the Plaintiff
Frances Dapice Marinelli, Esq. for the Defendant
Settled on Nov. 3 for $10,000, $7500 plus $2500 within 60 days

SETTLED
MENDEZ
against
THE NEW YORK CITY TRANSIT AUTHORITY
Index # 26999/00
Luis L. Haquia, Esq. for the Plaintiff
Horace O.K. Rhoden, Esq. for the NYCTA
SETTLED on 11/1 for $147,500

SETTLED
BURKHOVER
vs
THE CITY OF NEW YORK
Index # 24852/99
Jonathan O. Michaels, Esq. for the Plaintiff
Eileen R. Fullerton, Assistant Corporation Counsel for The City
Jury selection on Nov. 1
SETTLED on Nov. 3 for $50,000


VERDICT
NEGLIGENCE: LIABILITY ONLY-ALLEGED DEFECTIVE & DANGEROUS CONDITION OF A DOOR PREVENTING SAFE INGRESS AND EGRESS RESULTING IN PLAINTIFF EXITING THE ROOM THROUGH A WINDOW THEREBY INJURING HIMSELF
BURKE
vs
THE FERNCLIFF HOUSE
Index # 22651/1997
James I. Wolfe, Esq. for the Plaintiff
Scott W. Bermack, Esq. for the Defendant
Preliminary instructions and opening statement on 10/26
On 10/27, Michael Dillon, former owner of The Ferncliff House, testified for the plaintiff as a hostile witness along with Margaret Gaffney, a former hostess at the House and a retired nurse. The plaintiff testified in the afternoon.
The plaintiff rested on 10/28, reserving the right to call an additional fact witness re: the temperature at the time of the incident in the Catskills. The defendant called Mr. Dillon to the stand on its case in chief, followed by former Chambermaid Deborah Tompkins.
Plaintiff's weather "reader" Francis Benjamin will testified in the early AM on 10/29, followed by summations, my charge and deliberations.
VERDICT for Defendant.

VERDICT
MOTOR VEHICLE ACCIDENT INVOLVING TWO AUTOMOBILES AT AN INTERSECTION
GONZALEZ & OLIVERAS
vs
ALLEYNE, FARRELL and PIRIZ
Index # 6658/01
Jonathan B. Seplowe, Esq. for the Plaintiffs
Carolyn Margolies, Esq. for the Defendant Piriz
Alleyne and Farrell (the owner and driver, respectively, of the livery cab involved in this accident) have defaulted but remain in the case as trial defendants.
Defendant Piriz was the driver of the car that the plaintiff passengers were traveling in at the time of the accident.
Jury selection on 10/14.
The plaintiff Oliveras and the responding police officer testified for the plaintiff on 10/15. The front seat passenger in vehicle being operated by defendant Piriz and plaintiff Gonzalez testified on 10/18.
Plaintiff called a custodian of medical records to the stand in the early mornng and Dr. Rafiy, an orthopedic spine surgeon to the stand on 10/20. Plaintiff rested.
On 10/21, defendant Piriz testified along with Dr. Weiland, a clinical neurologist. Defendant called a diagnostic radiologist to the stand on 10/22. Summations in the afternoon with charge and deliberations on 10/25.
VERDICT for the plaintiff against defendants Alleyne & Farrell on the issue of liability. However, the jury did NOT find that there was a "serious injury" (as defined in the no-fault insurance law of the State of NY) to the plaintiff as a result of this accident. This means that this is a verdict for defendant Piriz.

SETTLED DURING TRIAL
SLIP & FALL
SIMON
-against-
NYC BOARD OF EDUCATION
Index Number 13162/2000
Jury selection on 10/6
On 10/8, School Safety Agent Daouda Niang and the plaintiff testified. Adjourned to 10/12.
The Supervising Custodian at Roosevelt High School, Mr. Anthony Garvey, testified for the plaintiff on 10/12 in the AM.
Plaintiff read portions of Assistant Principal Young's deposition to conclude the morning session of court on 10/12
On 10/13, Custodial Foreman Richard Drach, Jr. and Juan Rodriguez, school cleaner, testified for the plaintiff.
SETTLED for $500,000 with an 10% assertion of a Board of Ed payroll lien in the amount of $35,000 ($3,500). Plaintiff's Medicare lien is still outstanding and has to be negotiated by counsel.


SETTLED
"A POLICE CASE" INVOLVING ALLEGATIONS OF EXCESSIVE FORCE
CESARO
vs
THE CITY OF NEW YORK< THE NEW YORK CITY POLICE DEPARTMENT and
POLICE OFFICER JOHN LOWE, SHIELD #15535
Index #21720/91
Jeffrey J. Belovin, Esq. for the Plaintiff
Assistant Corporation Counsel Jessica Schutzman for the Defendants
Jury selection on 10/5
SETTLED on 10/6 for $20,000


SETTLED
Fall On a Stairway in a City Park
CONTRERAS v CITY
#26193/96
Dario Perez, Esq. for the Plaintiff
Assistant Corporation Counsel Edward Spark for The City
Jury selection on 9/30 & 10/1. The plaintiff testified on 10/1.
EMT George Acosta testified for the defendant, out of order, on 10/4
Case settled for $62,500 on 10/5


SETTLEMENT
NEGLIGENT MAINTENANCE OF PROPERTY RESULTING IN A CRIMINAL ASSAULT & PERSONAL INJURIES
BAMFIELD
-against-
NYNEX and NEW YORK TELEPHONE COMPANY
Index # 25375/96
Richard M. Duignan, Esq., Trial Counsel for the Plaintiff
Lawrence S. Wasserman, Esq. for the Defendants
Jury was selected prior to case being sent into Part for trial on 9/29
Settled for $450,000 with a Workers' Compensation lien of $160,000 (Liberty Mutual).


SETTLED
BICYCLIST FALL IN CITY STREET:BROKEN ANKLE
SHAWN ROBERTS
-against-
THE CITY OF NEW YORK
and
CONSOLIDATED EDISON COMPANY OF NEW YORK
Index #008058/96 & #121329/97
Gerard A. Lucciola, Esq. for the Plaintiff
Assistant Corporation Counsel Steven M. Koulish for THE CITY
Rita C. Marin, Esq. for CON ED
Jury selection 9/27 & 9/28
Preliminary instructions and opening statements on 9/29
Settled with CON ED for $150,000 and NYC for $100,000 on 9/29/04


VERDICT FOR THE DEFENDANTS
PEDESTRIAN/TRUCK ACCIDENT IN BROOKLYN
CLARICE JORDAN
vs
RAYMOND W. DOYLE and TUCCI EQUIPMENT RENTAL CORP.
Index No. 20336/03
Charles Nathan, Esq. for the Plaintiff
Susan A. Cioci, Esq. for the Defendants
Jury selection on September 7, 2004
Eyewitness driver of truck behind defendant's, Robert Twohey, testified for plaintiff and defendant Raymond William Doyle's deposition testimony was read on behalf of the plaintiff on 9/9
Sgt. Mulet testified for the plaintiff in the AM on 9/13.
On Sept. 10th, Joseph Champagne, an accident reconstruction expert and plaintiff's cousin Marjorie Mason testified for the plaintiff. Sgt. Milet and plaintiff's cousin Felicia Porter testified on 9/13.
Plaintiff and Life Care Planner/Vocational Rehabilitation Counselor Dr. Charles Kincaid testified on 9/14.
On 9/15, Dr. Alexis Hazen, a plastic & reconstructive surgeon, testified for the plaintiff
Tuesday, September 21st - Charles Bader, branch manager and VP of HSBC and Dr. Philip Taylor, orthopedic surgeon testified for the plaintiff. Plaintiff rested. The defendants called truck driver Vincent Doyle to the stand.
On Wednesday, 9/22, Louis Howarth, an accident reconstruction expert, testified for the defendants in the PM & Valerie Parisi, a nurse and a Life Care Planner testified for the defendants in the AM.
Summations, charge and deliberations on 9/23.
Deliberations continued on 9/24.
VERDICT: 9/24: FOR DEFENDANT.
Offer at beginning of trial was 1.1 milliion dollar. Plaintiff never deviated from asking for 5 to 6 million dollars. This court wanted to settle it for 2.3 million dollars.
Click on the link below for pictiures of the truck and the accident scene.
http://hometown.aol.com/judgehunter/page4.html
(In the picture of the scene, the "x" indicates the lane the truck was in, its direction and the place where the defendant contended that he stopped his truck after running over the plaintiff with the rear wheels of the trailer. The plaintiff contended that she walked from left to right in the crosswalk and was struck by the driver's side front fender of the truck as the light changed to green in favor of the truck. The defendant maintained that the plaintiff was coming across the street in the crosswalk from the area of the HSBC Bank, namely from right to left in the picture, and with the light changing, she deviated from her path and started to walk on the side of the truck towards its rear in an effort to get around it to get to the sidewalk on the other side of the street. At some point, she slipped and her legs fell under the driver's side rear wheels of the trailer as the truck moved forward in the direction of the intersection.)


SETTLEMENT
NEGLIGENT REMOVAL OF A CHILD FROM HER HOME BY BCW (ACS)
MONIQUE FINN
vs
THE CITY OF NEW YORK Index Number 20669/91
David Thomas, Esq. for the Plaintiff
Assistant Corporation Counsel Lavanya Pisupati for the City
Jury selection on 6/8 & 6/9; plaintiff testified on 6/10
Depositions of plaintiff's mother and father were read on 6/14
A detective and a psychiatrist testified on 6/15. Summations, charge and deliberations on 6/16
The jury sent in a note that they reached a verdict at which time the plaintiff agreed to settle this case for $65,000 (as we continued to await a phone call from the City Comptroller possibly authorizing a settlement figure of $75,000). The verdict FOR THE DEFENDANT CITY was mooted by this settlement and, as such, was never read into the record and never entered as a judgment.


SETTLED DURING JURY SELECTION
KIMMEL
vs
CABLEVISION SYSTEMS
Index # 20775/02
Ronald Weissler, Esq. for the Plaintiff
Jody C. Benard, Esq. for the Defendant
Voir dire on 6/3, 6/4
SETTLED on 6/4 for $80,000


VERDICT FOR THE DEFENDANT
AUTOMOBILE ACCIDENT JURY TRIAL (NEGLIGENCE)
REYNA
vs
SEYMOUR
Index # 24552/00
Ronald Paul Hart, ESQ. for the Plaintiff
Bruce R. Smiley, Esq. for the Defendant
Jury selection on 5/21; Batson challenge withdrawn.
Plaintiff's case commenced on 5/24; continued on 5/25
The defendant, her mother (a passenger in her car at the time of the accident), a diagnostic radiologist and a neurologist testified for the defendant on 5/26.
Summations, charge, deliberations and verdict for the defendant occured on 5/27


VERDICT FOR DUANE READE
COMMERCIAL NON JURY TRIAL: ALLEGED BREACH OF LEASEHOLD CONTRACT
HUB REALTY, LLC
vs
DUANE READE, INC.
Index # 604206/98
Alan Fried, Esq. & Aaron E. Zerykier, Esq.of Ganfer & Shore, LLP for HUB
Daniel P. Goldberg, Esq. & Benjamin David Singer, Esq.of White & Case for Duane Reade
May 4, 7, 13, 14, 17, 18, 19, 20; June 1 for a brief witness or two; closing arguments and verdict on June 2
Summations and VERDICT FOR DEFENDANT on 6/2
Adjourned to 5/13 from May 7 to complete Utilities Unlimited jury trial referenced below


VERDICT FOR PLAINTIFF
MOTOR VEHICLE ACCIDENT: NON JURY TRIAL ON DAMAGES ONLY
(Conferenced on 5/18 and adjourned to June 3rd) OTERO
-against-
MABSTOA, VOLPE, CROCE and CROCE
Index No. 23945/95
Robert A. Birnbaum, Esq. for the Plaintiff passenger in Defendant's private car
Marc E. Stiefeld, Esq. for Defendant driver of the private car
(Plaintiff settled with Defendant MABSTOA sometime prior to commencing this trial)
Plaintiff testified on 6/3 in the AM; summations and verdict in the PM: $60,000 for past pain and suffering; $100,000 for future pain & suffering over plaintiff's projected life expectancy of 40 years


SETTLED
AUTO ACCIDENT: ALLEGED DEFECTIVE CONDITION OF ROADWAY
MORALES
-against-
THE CITY OF NEW YORK and
UTILITIES UNLIMITED CORP.
Index # 18329/93
Tom Stickel, Esq. for the Plaintiff
James Burbage, Esq. of Barry, McTiernan & Moore for The City of NY
Daniel S. Corde, Esq. for the Defendant Utilities
Jury selection on 4/26, 4/27 and 4/28 A.M.; preliminary instructions on 4/28
The complaint against the City was dismissed on 4/28
Plaintiff's father and daughter testified on 4/29. Her orthopedist testified on 4/30.
Due to a death in a family, this trial was adjourned until 5/10.
SETTLED on 5/12 for an amount that cannot be disclosed due to a confidentiality agreement.


NEGLIGENCE : FALL FROM AN ALLEGED DEFECTIVE STAIRWAY RAILING
EFRAIN OYOLA
vs
PASKARAN & PASKARAN
Index # 22375/00
John R. Gallo, Esq. for the Plaintiff
Robert S. Ondrovic, Esq. for the Defendants
Jury selection on 4/21 and 4/22
An occurence witness, the plaintiff's mother and the plaintiff testified for the plaintiff on 4/23.
SETTLED on 4/23 for $100,000
(Submitted on July 12, 2004)
Efrain Oyola v. Anantha Paskaran and Jeyalalitha Paskaran
Index No. 22375/00
Relief Sought: Motion by plaintiff for an order pursuant to CPLR
section 5003-a(a) and 5003(e).
CPLR 5003-a involves prompt payment following settlement and subdivision
e involves the plaintiff entering judgment when defendant fails to
promptly pay.
CPLR 5003-a involves prompt payment following settlement and subdivision
e involves the plaintiff entering judgment when defendant fails to
promptly pay.
Oyola was decided on July 20, 2004. Plaintiff's motion for an order
pursuant to CPLR sections 5003-a(a) and (e) to enter judgment in favor
of plaintiff against the non-paying defendants was denied.


A CASE OF EXCESSIVE USE OF FORCE BY THE NYPD
ESCOBAR & DE LOS SANTOS
vs
THE CITY OF NEW YORK and
NYPD POLICE OFFICERS CLARK, HERNANDEZ & FOLKS
Index # 15314/97
Michael Kremins, Esq. for the Plaintiffs
Assistant Corporation Senior Counsel Vivian Dole, Esq. for the Defendants
Jury selection 4/8 & 4/12: 6 jurors & 2 alternates
Opening statements and the plaintiffs' case, with plaintiff De Los Santos testifying, on 4/14
Out of order, the plaintiff De Los Santos' orthopedic surgeon (tear of ACL is a permanent injury) and plaintiff Escobar's internist (post traumatic stress disorder, a typically psychiatric diagnosis [cruciate reconstruction & plus soft tissue injuries]) testified for the plaintiffs on 4/15.
Plaintiff De Los Santos finished her testimony on 4/16.
SETTLED on 4/19 for $350,000 for each plaintiff.

SETTLED
PREMISES LIABILITY: Attempted Robbery and a shooting
DAVID JACKSON
-against-
SMITH and SMITH
Index Number 23584/00
Seanan L. Reidy, Esq.
and
Michael A. Haskel, Esq. for Plaintiff
John C. Szewczuk, Esq. for the Defendants
March 25, 26 & 29th
SETTLED during plaintiff's testimony for $25,000 on 3/29

SETTLED
Auto Accident Jury Trial
LaFranca
vs
Fusco & Fusco
Index # 25194/00
Lucille M. Barbato, Esq. for the Plaintiff
Ernest S. Buonocore, Esq. for the Defendants
March 22, 23 & 24th
SETTLED on 3/24 for $70,000

VERDICT
NEGLIGENCE JURY TRIAL
Alleged Injury -Traumaic Epilepsy of an Infant
SANTOS
-against-
MOSHOLU REALTY CORP.
Index # 24421/99
Gary Lesch, Esq. for Plaintiff
Joan L. Fiden, Esq. for the Defendant
March 4-March 16
VERDICT for plaintiff: Pain & Suffering - $300,000; Future Pain & Suffering : $1,200,000 over 60 years
Total: $1,500,000 HOWEVER, due to a negotiated "hi/low" award adjustment of $850,000 $250,000 (which was made prior to verdict), plaintiff will receive compensation in the amount of $850,000

ZEF MARTINI
against
NATURAL LIVING, INC., EFRAIN COSME III & HELEN DeYORGI
Index # 15848/00
Andrew Leftt, Esq. for the Plainiff
David M. Heller, Esq. for Defendants Cosme & Natural Living
Margaret Porcelli, Esq for Defendant DeYorgi
2/26;2/27;3/1;3/2
VERDICT for plaintiff in the amount of $15,000 for pain & suffering

CARMEN ABREU
vs
MELANIE LEWIS & 2266 ANDREWS AVENUE CORP.
Index # 26923/00
Jonathan O. Michaels, Esq. for the Plaintiff
Ja,mes J. Lofrese, Esq. for the Defendants
Jury selection - 2/23
SETTLED for $55,000 on 2/24

SETTLED
DIMAREN & DIMAREN
-against-
1605 REALTY CORP.
Index # 14049/00
Neil R. Kafko, Esq. for the Plaintiffs
Gerold Mallow, Esq. for the Defendant
Jury selection and settlement on 2/19. Infant plaintiff will receive $3,750 by way of an Infant's Compromise Order.

SETTLED
SLIP & FALL ON FLOOR
GONZALEZ
vs
1535 UNDERCLIFF REALTY CORP.
and
RESIDENTIAL MANAGEMENT CORPORATION.
Index # 14299/99
Nancy V. Wright, Esq. for the Plaintiff
Mark M. Dobies, Esq. for the Defendants
Jury selection on 2/18
Preliminary instructions and SETTLEMENT on 2/19. Case settled for $125,000.

SETTLED
ABREU
versus
1410 HOLDING CORP.
Index # 8207/01
John Nonnenmacher, Esq. for the Plaintiff
Michael Cannella, Esq. for the Defendant
Jury selection on 2/17, with settlement of $75,000 on said date

VERDICT
Jury Trial on Damages Only
DONNELL THOMAS
vs
14 ROLLINS STREET REALTY & MARIO SASSO
Index #26544/00
Michael L. Gangaden, Esq. for the Plaintiff
Steven Kramer, Esq. for the Defendants
2/9;2/10;2/13
VERDICT for plaintiff: pain & suffereing - $900,000; future pain & suffering - $100,000 over 5 years
STAIRWAY SLIP & FALL
EREINA TORRES
versus
NEW YORK CITY HOUSING AUTHORITY
Index # 8244/01
Jonathan L. Gleit, Esq. for the Plaintiff
Derek. E. Barrett, Esq. for the Defendant
1/27; 1/28; 1/29;1/30
Settlement negotiations on 2/3
SETTLED on 2/4 for $210,000; Medicaid lien of $30,000

SETTLED on 2/4


STAIRWAY SLIP & FALL
JONES
vs
MODELLS
Index Number 7037/98
Robert D. Clark, Esq. for the Plaintiff
Richard A. Gash, Esq. for the Defendant
Summations, charge & deliberations on 1/22
VERDICT for plaintiff on 1/23: Pain & suffering - 4189,000; loss of earnings - $70,000 over 7 years; medical expenses - $21,000; future pain & suffering - $560,000 over 20 years
Betty Jones v. Henry Modell & Company, Inc. d/b/a Modell's
Index No. 7037/98
Relief Sought: Order setting aside that portion of the jury verdict
which awarded plaintiff $56,000 in future pain and suffering over a 20
year period on the grounds that such an award materially deviates from
reasonable compensation in accordance with CPLR section 4404 and for an
order setting this matter down for a post-verdict collateral source
hering to determine setoffs pursuant to CPLR section 4545(a) through
(c) as well as CPLR Article 50-b present value reduction for future pain
and suffering greater than $250,000.


SETTLED
REAR END AUTO COLLISION BY INTOXICATED DEFENDANT
Jury Trial
BENNETT,
-against-
RICHARDSON.
Index # 22025/00
Mark Anthony Molina, Esq. for the Plaintiff
Sam P. Nasser, Esq. for the Defendant
SETTLED on 1/8 for $22,500


SETTLED
TRIP & FALL JURYTRIAL
PEREZ,
vs
CONSOLIDATED ELEVATOR SERVICE CORP.
Index # 20559/00
Glenn Finley, Esq. for the Plaintiff
Jonathan D. Siegel, Esq. for the Defendant
SETTLED on 1/6 for $260,000: there is a $40,259.04 Workers Compensation Lien for wages and medical benefits; to be paid back to NYS Insurance Fund


SETTLED
AUTOMOBILE ACCIDENT
Jury Trial
GONZALEZ,
-against-
LEVY, ALI & AMERICAN TRANSIT INSURANCE COMPANY.
iNDEX # 13791/01
Michael Beatty, Esq. for the Plaintiff
Richard G. Reilly, Esq. for the Defendants
SETTLED on 1/8 for $21,000


SLIP & FALL NEGLIGENCE JURY TRIAL
ANTHONY STONE
-vs-
MOTT HAVEN ASSOCIATES NUMBER SIX
and
ARCO MANAGEMNT CORP.
Index Number 16588/99
Paul A. Yakaitis, Esq. for the Plaintiff
Christopher T. Scanlon, Esq. for the Defendants
Jury selection on 12/5, 12/8 in the P.M., adjourned to 12/10 at which time it was concluded.
On 12/11, the plaintiff testified on direct.
On 12/12, Stanley Fine, a professional engineer, testified. The plaintiff finished testifying.
Dr. Douglas Schwartz, specializing in physical medicine and rehabilitation testified for the plaintiff on 12/15.
Out of turn, Dr. David Kaufman, a neurologist, testified on 12/16 for the defendants. Readings from a deposition followed.
Dr. Howard J. Gelber testified for the plaintiff on 12/16.
On 12/17, Paul Neiger testified for the plaintiff. Plaintiff recalled Anthony Stone.
VERDICT for the plaintif, on 12/18, in the amounts of $50,000 for past pain and suffering; $105,000 for past loss of earnings and $26,000 for medical expenses. Plainiff was not compensated for future pain & suffering nor was he compensated for future loss of earnings
Note that the jury found plaintiff to be comparatively negligent but found that his negligence was not a substantial factor in causing his injuries.

SETTLED
MOTOR VEHICLE ACCIDENT
WILLIAM AKINBOMI SAVAGE
-against-
THE CITY OF NEW YORK and JANE P. TUCKER
Index Number 20823/98
Christopher W. Ambler, Esq. for the Plaintiff
Assistant Corporation Counsel Eileen R. Fullerton & Vivian Dole
Sharon Collazo, Esq. for Defendant Tucker
Jury selection on 12/1
Preliminary instructions, opening statements and the begining of plaintiff's testimony on 12/2
(Mental Health hearings at North Central Bronx Hospital and the Bronx Psychiatric Center on 12/3)
John Kiernan, a consultant from Wellsbach Electric Corp., testified on 12/4. SETTLED on 12/4 for $60,000: NYC for $37,500 and Tucker for $22,500.
(Note that Tucker,as the plainiff in the companion case, settled on 12/1 with the City for $7,500 and for $7,500 against the plaintiff)

VERDICT
SLIP & FALL
ERICK RAMOS,
vs
HYMIL ASSOCIATES, LLC., ALAN NEIDITCH
and
ARISTA MANAGEMENT CO.
Richard Ford, Esq. for the Plaintiff
Brett R. Leitner & Lisa M. Gibbons, Esq. for the Defendants
Jury selection on 11/13 & 11/14
The plaintiff's case commenced on 11/17 with the partial testimony of the plaintiff.
This Court was assigned, as the Ex Parte Judge, to mental hygiene hearings at North Central Bronx Hospital and the Bronx Psychiatric Center on 11/18.
Witness Dr. Benny Cancel and the plaintiff's wife Reyna Ramos testified on 11/19.
On 11/20, Meteorologist William Sherman and Professor Dr. Charles Kincaid, a vocational evaluation specialist counselor, testified on 11/20.
Dr. Richard Ruth, an economist and Dr. Ralph Garfield, an actuary, testified on 11/21.
On 11/24, Stanley Fine, a professional engineer testified for the plaintiff. The plaintiff underwent cross examination.
For the defendants, building residents Maureen Wynn and Donald Gannon testified. Jerrold Wolfson testified for LLC.
Orthopedic surgeon Andrew Rokito testified for the defendants and an orthopedic surgeon testified for the plaintiff, out of order, on 11/25.
Summations during the afternoon of 11/25.
Charge, deliberations and VERDICT on 11/26.
Verdict for the plaintiff, as follows:
Defendant found to have been 100% at fault; $150,000 for past pain and suffering; $54,000 for past loss of earnings; $0 for future pain & suffering; $740,000 over 10 years for future loss of earnings; $1,218,000 over 29 years for future loss of pension.
(This case could have settled one week earlier for between $650,000 to $750,000 but the defendant held firm at an offer of $250,000)


VERDICT
JURY TRIAL
CONSPIRACY TO COMMIT ASSAULT & BATTERY
STEMMING FROM A LANDLORD/TENANT DISPUTE
BEVERLY WAGNER,
-against-
BENJAMIN SMALLS, DWAYNE TILLMAN and
ROBERTA SMALLS.
Index Number 23485/99
Edward V. Sapone, Esq. for the Plaintiff
Michael W. Warren, Esq. for the Defendant Roberta Smalls
Defendants Benjamin Smalls and Tillman have defaulted.
Jury selection on 11/3 & 11/5.
Plaintiff testified on 11/5 and continued her testimony on 11/6. Eyewitness Irma Bryant testified for the plaintiff.
Certified Clinical Social Worker Mildred Cadamono testified that she diagnosed plaintiff with post tramatic stress disorder.
On 11/10, Aaron Wagner, Mark Wagner, Jr., Mark Wagner, Sr. and Clarance Bryant testified for the plaintiff.
The defendant Roberta smalls testified on her own behalf on 11/12.
Summations, charge and deliberations on 11/13.
Deliberations continue on 11/14.
VERDICT for defendant Roberta Smalls on 11/14 (verdict for plaintiff against the other 2 defendants in the amount of $300,000 in punitive damages [but they are in state prison after being convicted of kidnapping as a result this incident and are, therefore, judgment proof]).


SETTLEMENT
ASSAULT & BATTERY JURY TRIAL
GECZY
vs
BRONEN'S MUSIC INC.
&
ANDREW BRONEN
Index Number 16271/00
Plaintiff Pro Se
Christopher J. Whitton, Esq. for the Defendants
Jury selection on 10/29
On 10/30, jury selection ends. Preliminary instructions and opening statm