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Reported Cases

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. 

Some 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.

• “City College of New York Found ‘Partly Liable’ in Stampede Deaths”,  The Chronicle of Higher Education, January 22, 1999. A state judge last month found City College of the City University of New York partly liable for the deaths of nine people in 1991 during a stampede at a celebrity basketball game and rap concert at the college.

• 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).  In a personal injury case, our client sustained serious injuries when a defective incinerator chute hopper door slammed shut on her right hand, causing fractures that required surgery and leading to permanent disabilities. Our firm successfully argued for a favorable ruling for the Plaintiff, which was upheld on appeal.

• 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, NY 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. They filed suit against the defendant City, claiming that the 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 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).  The Court determined that the Defendants failed to demonstrate that the additional unspecified medical records they sought—about treatment received by Ms. Carrasquillo before, during, and after the alleged medical malpractice—were relevant to their defense. The Defendants’ speculation that these records might contain pertinent information was insufficient for the Court to find that the motion court abused its discretion in denying the motion to compel. On appeal, the Court upheld the denial of access to our client’s medical records, as they were deemed irrelevant to the injury in question and to any potential defense. This ruling is frequently referenced in litigation by 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 that 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). On appeal, the trial court’s judgment in a motor vehicle accident case was modified to correctly reflect the proportion of fault attributed to each defendant.

•  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 according to Judiciary Law § 431.

•  Castello v Casper  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.

• Castello v. Casper [N.Y. Sup Ct, Kings County 2009] On a motion by Peter DeFilippis & Associates, representing the plaintiffs, Judge Schmidt has authorized Ms. Tracey Perez, the mother and natural guardian of an 8-year-old infant, to settle the premises liability claim on behalf of the child. The settlement amount is a total of $775,000.00. This decision is documented in 2009 WL 6056210 (N.Y. Sup.) (Trial Order), Supreme Court of New York, Kings County.

• Stothart v. Montefiore Medical Center,  New York Law Journal “Verdicts & Settlements” December 6, 2010, NYLJ 5, (col. 3). A Bronx jury awarded a $3,500,000 verdict in favor of our client in a medical malpractice case, finding the Hospital negligent for failing to attend to a patient who was in prolonged and obvious distress. This negligence led to severe burns on the patient’s foot, ultimately requiring multiple corrective surgeries.

• Verdicts and Settlements Hall of Fame The $3,500,000 verdict in Stothart v. Montefiore Medical Center was prominently featured in the New York Law Journal in 2014, ranking as the #7 verdict in the Medical Malpractice: Negligent Treatment category. This multi-million-dollar victory highlights our success in achieving top medical malpractice verdicts, as recognized by New York’s premier legal publication.

• 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, compensation was $550,000.

• Richards v. Wolfe,  Supreme Court, New York County, Part 22 (2010) In a decisive ruling, Judge George Silver granted summary judgment on liability in favor of the plaintiff, a pedestrian struck by a motor vehicle. This finding underscores the clear negligence on the part of the defendant, solidifying the plaintiff’s right to compensation without the need for prolonged litigation over fault. The case proceeded to a jury trial settling for $550,000 after a week of trial.

• Jury Verdict Review & Analysis  Costello v. Mario’s Ristorante 33 NY J.V.R.A. 2026 WL 3346466 (N.Y. Sup.) A liability verdict was obtained in favor of the plaintiff after just 15 minutes of the jury deliberating. The fractured ankle case settled for $625,000.

• Jury Verdict Review & Analysis Cortez v. City of New York Plaintiff Trips and Falls over Metal Curb Piece That Should Be Attached to Metal Catch Basin Grate and Sidewalk Immediately after She Leaves Cab at Building Complex in Which She Resides-$550,000 Recovery. Supreme Court, Second Judicial District, Kings County, New York. Index no: 5653/09. DATE OF VERDICT/SETTLEMENT: April, 2019

• “Top Settlements of 2014” by New York Law Journal for Premises Liability: Negligent Repair category: Calixte vs. 5201 Snyder Avenue Associates. Our client sustained head and shoulder injuries requiring surgery after slipping and falling on a staircase in his apartment building. The incident occurred while the premises’ superintendent and porter were mopping the stairs. Their negligence included failing to post warning signs, not using safety mats, and using a broken mop wringer. Additionally, the property owner neglected to install a handrail on the staircase. A settlement of $300,000 was reached shortly after the trial commenced.

• Garber v. City of New York   2017 N.Y. 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. The plaintiff, represented by Peter DeFilippis & Associates, was injured when she tripped and fell while walking across the dilapidated sidewalk/driveway. The case involved a broken foot with surgery and was settled after a successful liability verdict against all Defendants for $525,000.

• Garber v. City of New York, 2017 N.Y. Slip Op. 30188 (N.Y. Sup. Ct. 2017) The plaintiff successfully limited the defendant’s discovery requests, preventing a broad search for authorizations regarding all of the plaintiff’s prior medical treatments. Additionally, the plaintiff opposed and halted an attempt to conduct a further deposition. The judge denied the defendant’s efforts to limit the plaintiff’s right to introduce evidence at trial and to obtain authorizations for unrelated treatments that occurred long ago, especially when the plaintiff could not even recall the name of the doctor involved.

• “Top 100 Settlements in New York in 2019” by TopVerdict includes Garber v. City of New York at the #74 spot.

•  Jury Verdict Review & Analysis Cortez v. City of N.Y. The plaintiff tripped over a 200-pound metal curb piece that had been lying in the street for years, near her apartment, after exiting a cab. This fall caused an internal knee injury and a meniscal tear, necessitating arthroscopic surgery. The plaintiff argues that the initial treatment was inadequate, and she might require future knee replacement surgery. Despite the city’s efforts to dismiss the case, the matter was resolved with a settlement of $550,000 after the plaintiff rested her case at trial.

• “Top 100 Settlements in New York in 2019” by TopVerdict includes Cortez v. City of New York at the #73 spot.

• Anderson v. Singh, In case No. 2019-34209, 3 (N.Y. Sup. Ct. Feb. 26, 2019), the court granted the plaintiffs’ motion. Specifically, the subpoena duces tecum and ad testificandum seeking discovery from, and the deposition of, Meryl Arbisfeld, the plaintiffs’ IME advocate, were quashed. Additionally, the plaintiffs were granted a protective order concerning the January 4, 2019 demand for witness disclosure served upon Michael Lilien, another IME advocate for the plaintiffs, by the defendant Morcheles. The case ultimately settled for $850,00 at trial.

• Gwood v. Progressive Waste  Solutions of LI, Inc. 2019 NY Slip Op 29180. The case involves our client, Marquis Willis, a 22-year-old seat-belted passenger in a BMW that collided with a left-turning IESI garbage truck, resulting in a fatal incident. This tragic accident led to the death of Mr. Willis, who was the father of a 9-month-old infant, as well as another passenger in the same vehicle. The Willis Estate, represented by Mr. DeFilippis, filed a motion for summary judgment on the issue of liability against all defendants in Action No. 3, including IESI and its driver, Roberto Venditti, and for partial summary judgment. Judge Rivera ruled that there was no dispute that Venditti operated the forty-foot-long garbage truck within the scope of his employment with IESI. As a result, IESI and IESI Corporation were found liable under Vehicle Traffic Law § 388 and vicariously liable as Venditti’s employer. The Willis Estate’s motion was granted on the issue of liability against both Venditti and Garfield Gwood, the driver of the BMW, with the court determining that both were negligent in the operation of their respective vehicles. Judge Rivera further found that Venditti violated Vehicle Traffic Law § 1141 by making an unsafe left turn in front of oncoming traffic. The motion was also granted against IESI as the owner of the garbage truck operated by Venditti. Lastly, the defendants failed to establish that Marquis Willis did not experience conscious pain and suffering or pre-impact terror before his death.

• Gwood V. Progressive Waste Solutions of LI Inc., IESI NY,  64 Misc. 3d 653, 104 N.Y.S.3d 856, 2019 N.Y. (N.Y. Sup. Ct. 2019) Defendants Venditti and IESI’s motion for summary judgment in their favor in Action No. 2 was denied for failure to make a prima facie showing of entitlement. In particular, the Court found that Venditti contributed to the accident by making an unsafe left turn across the path of  Gwood’s vehicle in violation of Vehicle Traffic Law § 1141. The Court further found that Venditti was operating the garbage truck with the permission of its owner IESI and, therefore, IESI was also liable under Vehicle Traffic Law § 388.

• Bunch v. Gwood  Appellate Division, Second Dept. (2022) We represented a nine-year-old girl who tragically lost her father in a motor vehicle accident in Brooklyn. The father, a 22-year-old passenger in a BMW, was killed when a 40-foot Progressive/IESI garbage truck made an unsafe left turn directly in front of them. The truck driver admitted to not using his blinker, and video evidence confirmed he failed to yield the right of way. The trial court found the truck driver liable for making an unlawful left turn, leading to the death of the plaintiff’s father. This decision was upheld by the Appellate Court, which confirmed the truck driver’s responsibility under the law.

• Bent-Anderson v Singh  NY Slip Op 05676 (2022)  The Appellate Court ruled in favor of the Plaintiff, determining that the notes and reports prepared by an IME liaison, advocate, or watchdog are protected from discovery under the conditional privilege for materials prepared in anticipation of litigation or for trial (see CPLR 3101[d][2]; Markel v Pure Power Boot Camp, Inc., 171 AD3d 28, 31). CPLR 3101(d)(2) states that materials prepared in anticipation of litigation or for trial by or for another party, or by or for that party’s representative (such as an attorney, consultant, insurer, or agent), are discoverable only if the requesting party demonstrates a substantial need for the materials and proves that they cannot obtain their substantial equivalent through other means without undue hardship. In this case, the appellant failed to demonstrate any such substantial need or that the substantial equivalent of the materials could not be obtained through other means.

• TopVerdict reported the ” Top 10 Motor Vehicle Accident Settlements in New York for 2023.” The Estate of Willis v. Gwood case secured the #3 spot with a settlement amount of $4,050,000.

• VerdictSearch  Bunch v. Gwood. A devastating collision in Brooklyn between a negligently left-turning private garbage truck and a high-speed BMW resulted in the wrongful death of a 22-year-old construction laborer, who was a seat-belted passenger. Left behind were his fiance and a 9-year-old daughter. Evidence indicated the deceased experienced approximately 2 seconds of pre-impact terror and endured approximately 10-18 minutes of conscious pain and suffering. In the aftermath, claims were filed to seek compensation for lost earnings, the profound loss of parental guidance for the young daughter, the deprivation of inheritance, and the void in household services left by the deceased. Following a challenging 19-day trial, the defense agreed to Plaintiff’s full settlement demand, and the matter was resolved for $4,050,000.