Appellate Practice Team Garners Two Wins in One Day
On September 2, 2020, the Appellate Division Second Department handed down orders in favor of Bartlett clients in not one but two cases on the same day. In Fink v Dollar Mart, partner Dave Zegarelli successfully briefed and argued an appeal on behalf of a tenant in a premises-liability personal injury matter. Bartlett associate Brian […]
String Of Wins For The Appellate Practice Team At Bartlett LLP
On Wednesday, May 29, the Appellate Division, Second Department handed down a decision in Durand v South Nassau Communities Hosp. (2019 NYSlipOp 04137) in favor of the defendant hospital, Bartlett’s client. The plaintiff, a patient, had an altercation with another patient and sued the hospital alleging they were responsible for an alleged assault. Both the […]
Another Medical Malpractice Case Defeated by our Appellate Practice Team
The Appellate Division, Second Department today affirmed not only the order of the trial court, but also the efforts by Robert G. Vizza, the partner who argued the appeal in Hagler v Southampton Hosp. et al, 2018 NY Slip Op 05579. Plaintiff was not ready to try this alleged brain-damaged baby case when the matter […]
Double Shot of Success for Bartlett’s Appellate Practice Team
Robert G. Vizza obtained a successful result for Bartlett’s clients on appeal to the Appellate Division, Second Department. In Silver v Silver et al, 2018 NY Slip Op 04586, the Appellate Division affirmed a judgment in favor of the defendants dismissing plaintiff’s complaint on claims of unlawful imprisonment, intentional infliction of emotional distress, defamation, and […]
Our Appellate Practice Team Convinces the Appellate Division to Reverse a Trial Judge Who Was Too Lenient on a Plaintiff Who Failed to Comply With Discovery Orders
Appellate Partner Dave Zegarelli obtained an appellate reversal of a lower court order which denied our motion for summary judgment dismissal of the complaint. Our motion sought to enforce a prior self-executing conditional preclusion order which became absolute when plaintiff failed to fully comply with it. The prior preclusion order dictated an all-or-nothing penalty: anything […]
Appellate Practice Group at BMM Rounds Out Another Year of Successes
Lectures and Publications: BMM’s partner in charge of appellate litigation, Robert G. Vizza, was invited to make presentations to the New York City Bar Association on recent changes in the law from the Court of Appeals, and led a panel discussion for the Greater New York Hospital Association for Risk Managers, Patient Safety Officers, and […]
Precedent Set by Robert G. Vizza in the Court of Appeals, Followed by Several Wins in the Appellate Division
12/16/2015 Court of Appeals breaks new legal ground in a case handled by BM&M: The firm has been counseling hospitals on how to update their policies and procedures to respond to this recent holding by the Court of Appeals which defined, for the first time, a duty on the part of physicians to warn patients […]
Appellate Partner Dave Zegarelli Overturns The Grant of Labor Law §240(1) In The Appellate Division, First Dept
Labor Law § 240(1) imposes a non-delegable duty and absolute liability upon owners and contractors for failing to provide safety devices necessary for workers that are subjected to certain elevation-related risks. To recover under Labor Law § 240(1), the injured worker must establish: (i) he was engaged in a covered activity, i.e., erection, demolition, repairing, […]
Robert Vizza – Dual Knockouts In Appellate Division
March 18, 2015: Success on Appeal in the Second Department in a Premises Liability Case Plaintiff sued the developer and contractor of a shopping mall for money damages claiming she sustained personal injuries when she allegedly fell while attempting to walk across a curb cut ramp descending from a sidewalk to an adjacent parking lot. […]
Warren Roth, Ryan Allen and John Quartucio Secure Major Appellate Victory, Establishing Workers’ Rights To Air Quality Safety
Members of BM&M’s workers’ compensation & disability benefits practice group successfully litigated a complex case before the Workers’ Compensation Board and its two-tiered administrative appeal system. Warren Roth, Ryan Allen and John Quartucio, with their deft handling of depositions, hearings, and administrative appeals, laid the foundation for what would become a victory for the claimant against […]
