Peter DeFilippis & Associates is the legal team that injured New Yorkers choose because of our 30-year history as tough NY personal injury attorneys who don’t back down. If you were injured on someone else’s property or were the victim of assault injuries, a slip and fall, back injury, a drunk driver, motorcycle accident or any type of unlawful negligence, let us fight for your legal rights. Find out how a highly qualified Westchester County and New York City personal injury lawyer can help you today. Even if you are not sure whether what happened to you is considered a personal injury case, tell us about your situation.
We will evaluate your personal injury claim at no charge and do all we can to help you get a good settlement or win a verdict. We’re here to fight to win 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 few of our cases of note that have been officially reported in New York State publications and legal periodicals.
Officially Reported Cases 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). 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 the 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 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). Appellate decision of Towers v. Hoag featured in New York Law Journal.
- 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 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 which 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 pocked sidewalk/driveway. The case involved a broken foot with surgery and settled after a successful liability verdict for $525,000.
- GWOOD v. PROGRESSIVE WASTE SOLUTIONS OF LI, INC. 2019 NY Slip Op 29180. The case involves a 22 year old passenger in a BMW motor vehicle which collided with a left turning IESI garbage truck resulting in a collision which eventually led to the death of Mr. Willis 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 and for partial summary judgment finding that Willis’ death satisfied the “serious injury” requirement of Insurance Law § 5102(d).There was no dispute that Venditti operated the garbage truck within the scope of his employment with IESI. Consequently, IESI and IESI Corporation were also 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 Gwood in that both were negligent in the operation of their respective vehicles. Venditti violated Vehicle Traffic Law § 1141 by making an unsafe left turn in front of opposing traffic. Gwood plead guilty to Vehicular Manslaughter, a violation of Penal Law § 125.13, and admitted to driving while intoxicated and causing the death of two people by the subject collision. By his admission and by applying the principles of collateral estoppel Gwood was liable for the subject collision that resulted in the death of Marquis Willis. However, the apportionment of fault between Venditti and Gwood is to be resolved by a trial jury. 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. Neither Venditti, Gwood, IESI Corporation or IESI raised a triable issue of fact.The garbage truck defendants motion for summary judgment dismissing the complaint as asserted against each of them was denied for the following reasons. First, they failed to establish that Gwood was the sole proximate cause of the collision and that they were free of comparative fault. Second, they failed to establish that Marquis Willis contributed to Gwood’s intoxication or that he was an active participant in a drag race. Finally, they failed to establish that Marquis Willis experienced no conscious pain and suffering or pre-impact terror before his death.