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Some of Our Reported Cases
Peter DeFilippis & Associates is a legal team that many injured New Yorkers choose because of our long history as tough, N.Y. personal injury attorneys who don’t back down. If you were injured on someone else’s property or were the victim of an assault, a slip, and fall, a reckless drunk driver, a motorcycle accident, or any type of unlawful negligence, let us fight for your legal rights. Find out how our highly qualified Westchester County and NYC personal injury lawyers can help you today. If you are not sure whether what happened to you is considered a viable personal injury case, tell us your situation and allow us to give you sound legal advice.
We will evaluate your personal injury claim at no charge. If you have a valid claim, we will do all we can to help you get a fair and just settlement or win a verdict. We’re here to advocate for you from the very beginning to the very end of your case. Our firm has taken numerous cases to trial and our winning record speaks for itself. Below, you’ll find just a sample of a few of our cases of note that have been officially reported in New York State publications and legal periodicals. For more published cases of ours, kindly visit Verdicts and Settlements and Firm in the News.
Official Reports and Periodicals
- Sater v. Wyckoff Heights Hosp., 228 A.D.2d 427, 643 N.Y.S.2d 664, N.Y.A.D. 2 Dept., June 03, 1996 (NO. 95-03699). The appeal of a breach of a hospital’s medical director’s oral employment contract.
- Levy v. NYC, New York Law Journal Thursday, February 19, 1998, by Bill Alden 2/19/98 NYLJ 1, (col. 3). Our case, Levy v. State of New York, was featured in the New York Law Journal in anticipation of the publication of the decision.
- Levy v. State of New York, N.Y.L.J., Feb. 20, 1998, at 27 (N.Y.Cty.Sup.Ct) (York, J.) (Attorneys: Sherri L. Plotkin, for concert-goers; Peter A. DeFilippis, for Levy; Michael T. Mervis, for Pinkerton; Dennis C. Vacco, Michael A. Rosas, for NYS; Jeffrey D. Friedlander, Victoria Scalzo, for NYC). Multiple attendees killed and injured at a City College celebrity basketball game brought suits against City defendants.
- CITYLAW March/April 1998 Current Development: City Tort Special Relationship “CCNY CONCERT DEATHS GO TO JURY” 4 City L. 45. Nine people suffocated to death when an overfilled crowd stampeded into the lobby of CCNY’s Nat Holman Gymnasium during a celebrity basketball game and rap music concert. The City was found to be potentially liable due to the NYCPD’s conduct in failing to control the situation.
- Ramirez v. New York City Housing Authority, 249 A.D.2d 88, 671 N.Y.S.2d 456, 1998 N.Y. Slip Op. 03347, N.Y.A.D. 1 Dept., April 14, 1998 (NO. 186). Personal injury action wherein our client was injured when a defective incinerator chute hopper door slammed shut on her right hand causing fractures requiring surgery and resulting in permanent disabilities. A favorable ruling for Plaintiff was upheld on appeal, which was argued by our Firm.
- CITYLAW “CCNY Liable in Concert Stampede” (5 City L.20 January 1999). Wrongful death case wherein CCNY was found liable for the deaths of nine people and injuries to another twenty-nine people at an improperly organized, supervised and oversold celebrity basketball game and concert. The court found CCNY fifty percent liable since it only had five security guards on site and negligently failed to follow its own procedures on crowd estimates, ticket sales, and entrance procedures. Although the court only hears claims against the State, Judge Benza ruled that Puff Daddy & Heavy D’s security was also fifty percent at fault.
- Childs v. City University Of New York, Court of Claims Judge Benza QDS:04700682. Judge Benza’s Decision, wherein he found that Sean “Diddy” Combs and City College were each 50% responsible for the deaths of nine people and injuries to another twenty-nine at an oversold, mismanaged celebrity basketball game and concert.
- Levy v. State, 262 A.D.2d 230, 692 N.Y.S.2d 354, 1999 N.Y. Slip Op. 06232, N.Y.A.D. 1 Dept., June 24, 1999 (NO. 1001, 1004, 1002, 1003). Plaintiff spectators were injured at a City sports event and filed suit against the defendant City, claiming that defendant’s police department breached their duty to protect everyone attending the event since they took over functions that would otherwise have been performed by private security or by the event’s organizers.
- Guerrero v. Lenox Hill Hosp., 270 A.D.2d 179, 705 N.Y.S.2d 225, 2000 N.Y. Slip Op. 03232, N.Y.A.D. 1 Dept., March 28, 2000 (NO. 690N). “Defendants have failed to establish that the additional unspecified medical records they seek, relating to treatment received by Ms. Carrasquillo before, during, and after the alleged medical malpractice, would be relevant to their defense of the action. Defendants’ speculation that pertinent information may exist in the additional medical records sought is insufficient for this Court to conclude that the motion court exercised its discretion improvidently in denying the motion to compel.” Argued on appeal, the Court found that the Defendants were appropriately denied access to our client’s medical records, which were irrelevant to the injury at hand and any possible defense. Often cited in litigation by practicing attorneys today.
- Towers v. Hoag 21 NY.J.V.R.A 1:C1 2003 and 2004 WL 6392242 (New York Supreme Trial Order) Judgment for Plaintiff $1,900.000. Motor vehicle accident case where the injured plaintiffs were passengers in a cab which was struck, at an intersection, by a speeding New York City Fire Department ladder truck. The cab driver and City were found liable.
- Towers v. Hoag, 40 A.D.3d 244, 833 N.Y.S.2d 388, 2007 N.Y. Slip Op. 03832, N.Y.A.D. 1 Dept., May 03, 2007 (NO. 8860, 23512/96). Argued on appeal, the trial court judgment of a motor vehicle accident case was modified to correctly reflect the amount of fault attributed to each Defendant.
- APPELLATE DIVISION DECISION: Towers v. Hoag, New York Law Journal, Monday, May 7, 2007, Appellate Division CASE 5/7/2007 NYLJ 24, (col. 5). The appellate decision of Towers v. Hoag was featured in New York Law Journal.
- Towers v Hoag 2007 NY Slip Op 03832 [40 AD3d 244] May 3, 2007, Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 11, 2007
- Castello v. Casper PREMISES LIABILITY, New York Law Journal, December 7, 2009 Verdicts & Settlements 12/7/2009 NYLJ 5, (col. 2). $775,000 premises case settlement in favor of our client, wherein a defective radiator fell onto our client’s foot causing the minor a devastating crush injury resulting in fractures requiring surgery. Featured in New York Law Journal.
- 2009 WL 6056210 (N.Y.Sup.) (Trial Order), Supreme Court of New York. Kings County: Castello v Casper [N.Y. Sup Ct, Kings County 2009]On a motion by Peter DeFilippis & Associates for the plaintiffs, Judge Schmidt authorizes Ms. Tracey Perez as mother and natural guardian of an infant under the age of 14 years, to wit: 8 years, to allow settlement of the premises liability claim and compromise said infant’s claim for a total sum of SEVEN HUNDRED SEVENTY-FIVE THOUSAND ($775,000.00) DOLLARS.
- Stothart v. Montefiore Medical Center, MEDICAL MALPRACTICE, New York Law Journal Monday, December 6, 2010 Verdicts & Settlements 12/6/2010 NYLJ 5, (col. 3). $3,500,000 medical malpractice verdict in favor of our client, wherein a Bronx jury found that the Hospital was negligent in its actions that caused multiple surgeries to correct his badly burned foot.
- “Verdicts and Settlements Hall of Fame: Medical Malpractice.” by New York Law Journal 2014 for the verdict of $3,500,000 in Stothart v. Montefiore Medical Center: Negligent Treatment Category. Our multi-million dollar verdict in Stothart v. Montefiore Medical Center was featured in New York’s premier legal periodical as a top medical malpractice verdict.
- VerdictSearch for “Top Verdicts of 2010” (Pedestrian Knockdown: Richards v. Wolfe) Richards v. Wolfe was a pedestrian and motor vehicle collision case wherein the Defendant negligently ran through a traffic light, striking our client and causing a broken leg. The case was settled during trial for $550,000.
- VerdictSearch for “Top Verdicts of 2011” (Business Law: Sharon Healthcare v. Wicker). Sharon Healthcare v. Wicker was a breach of contract and fraudulent conveyance case that resulted in a favorable settlement for our client of $123,000.
- “Top Settlements of 2014” by New York Law Journal for Premises Liability: Negligent Repair category: Calixte vs. 5201 Snyder Avenue Associates. Our client was descending a stairway of his residence and sustained injuries to his head and a shoulder requiring surgery when he slipped and fell. The premises’ superintendent and porter were mopping the stairs and negligently did not post any warning signs or place any safety mats and used a broken mop wringer. The owner also failed to have a handrail on the staircase. A $300,000 settlement was reached shortly after the trial began.
- Garber v. City of New York 2017, New York Slip Opinion 30231 (U) January 26, 2017, Supreme Court, Queens County. Summary Judgment was denied against a Defendant demolition company that occupied a vacant lot after performing construction work and allowed their heavy machines and equipment to decimate a public sidewalk which was also a driveway to the lot. Plaintiff, represented by Peter DeFilippis & Associates, was injured when she tripped and fell while walking across the pocked sidewalk/driveway. The case involved a broken foot with surgery and was settled after a successful liability verdict against all Defendants for $525,000.
Anderson v. Singh, No. 2019-34209, 3 (N.Y. Sup. Ct. Feb. 26, 2019) Plaintiffs’ motion (Seq. No. 8) is granted to the extent that the subpoena duces tecum and ad testificandum seeking discovery from, and the deposition of, Meryl Arbisfeld, Plaintiffs’ IME advocate, is quashed and that plaintiffs are granted a protective order with respect to the January 4, 2019 demand for witness disclosure served upon Michael Lilien , Plaintiffs’ IME advocate, by defendant Morcheles.
- Gwood v. Progressive Waste Solutions of LI, Inc. 2019 NY Slip Op 29180. The case involves Marquis Willis a 22-year-old, seat-belted passenger in a BMW motor vehicle that collided with a left-turning IESI garbage truck resulting in a fatal incident that eventually led to the death of Mr. Willis, the father of a 9-month-old infant, and another passenger in the same vehicle. The Willis Estate, represented by Mr. DeFilippis, made a motion for summary judgment in their favor on the issue of liability as against all Action No. 3 defendants including IESI and its’ driver Roberto Venditti, and for partial summary judgment. Judge Rivera found there was no dispute that Venditti operated the forty-foot-long garbage truck within the scope of his employment with IESI. Consequently, IESI and IESI Corporation were also found liable pursuant to Vehicle Traffic Law § 388 and vicariously liable as Venditti’s employer. The Willis Estate’s motion was granted on the issue of liability as against Venditti and Garfield Gwood, driving the BMW vehicle, in that both were negligent in the operation of their respective vehicles. The Judge found as a matter of law that Venditti violated Vehicle Traffic Law § 1141 by making an unsafe left turn in front of opposing traffic. The Willis Estate motion was also granted pursuant to Vehicle Traffic Law § 388 against IESI as the owner of the garbage truck operated by Venditti. Finally, they failed to establish that Marquis Willis experienced no conscious pain and suffering or pre-impact terror before his death.
- Bunch v. Gwood Supreme Court, Appellate Division, Second Dept. (2022) We represented a nine-year-old girl who lost her father in a motor vehicle incident in Brooklyn. He was a 22-year-old passenger in a BMW going straight when a 40-foot-long Progressive/IESI garbage truck made an unsafe left-hand turn directly in front of them. The truck driver admitted he used no blinker and a video revealed he never yielded the right of way. The Appellate Court confirmed the driver of the truck is responsible as a matter of law.
- Bent-Anderson v Singh (2022 NY Slip Op 05676) The Appellate Court ruled in favor of the Plaintiff that, “the subject notes and reports [of an IME liaison, advocate or watchdog] are immune from discovery pursuant to the conditional privilege of materials prepared in anticipation of litigation or for trial (see CPLR 3101[d]; Markel v Pure Power Boot Camp, Inc., 171 AD3d 28, 31). CPLR 3101(d)(2) provides, in relevant part, that “materials . . . prepared in anticipation of litigation or for trial by or for another party, or by or for that other party’s representative (including an attorney, consultant, surety, indemnitor, insurer or agent), may be obtained only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of the case and is unable without undue hardship to obtain the substantial equivalent of the materials by other means.” Here, the appellant has not shown any such “substantial need” and that the substantial equivalent cannot be obtained by other means.”