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Motion to Compel Granted – Kings County

Wisdom v. Sea Park North, LP, et al. Plaintiff entered into a settlement agreement with the defendants, but then attempted to renege on the settlement.  Richard Berne brought a motion to compel enforcement of the settlement agreement, based on the electronic communications between the parties’ attorneys.  The Court granted the motion, and Plaintiff was forced...
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Summary Judgment Granted- Bronx County

Ghazal v. AAA Refrigeration Service, Inc. Richard Berne obtained a dismissal of this case, wherein a supermarket worker was seriously injured by a fall on ice in the store’s Refrigeration Unit.  Plaintiff sued the company that provided service to the refrigeration and freezer units, and we moved for summary judgment based on the fact that...
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Motion To Dismiss Granted – Nassau County Supreme Court

Pattitucci v. BJ’s Wholesale Club, Inc. Nassau County Supreme Court granted BB&H’s motion for summary judgment and dismissed all claims against our client A.A.A. Refrigeration Service, Inc. (“AAA”). Rosaria Pattitucci (“Plaintiff”) alleged that she slipped and fell in the produce area of a BJ’s Wholesale Club (“BJ’s”) due to a leaking overhead HVAC unit.  She...
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Queens Supreme Court Grants BB & H Summary Judgment.

Iniguez v. Astor Realty Corp. et al. Queens Supreme Court grants BB&H motion for summary judgment on a trip and fall in front of a commercial property (our client) and an adjacent private residence.  Plaintiff was walking his dog just after midnight when he fell on a decline in the sidewalk from our client’s driveway...
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Brooks & Berne, PLLC defeats plaintiff’s attempt to restore a case to the calendar after an administrative dismissal.

Raquel Rivera v. Shypri Realty, et al Bronx Supreme Court Index #301882/2015 Original plaintiff, Humberto Sanchez, alleged that he slipped and fell on ice in front of defendant’s building.  During the early stages of the case Mr. Sanchez died from an unrelated cause, and he was replaced by his spouse, Raquel Rivera.  In September of...
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Case Dismissed for Failure to Substitute for the Deceased Plaintiff – Bronx County

HEYWARD v. DIEGO BEEKMAN MUTUAL HOUSING ASSOCIATION HDFC, ET AL Plaintiff was a resident of an apartment owned by the defendants.  Due to some issue with the oven in her apartment, the house suddenly filled with smoke, and she was hospitalized for smoke inhalation.  During discovery, plaintiff died, unrelated to this accident.  Plaintiff’s counsel was...
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Summary Judgment Granted to the Defense in Labor Law 240(1) case

Iannaccone v. United Natural Foods, et al.  Plaintiff worked for Protection One, which was later bought out by ADT.  He was sent to United Natural Foods to replace a security camera in their parking lot.  Plaintiff found that the pole stood in some landscaping rocks, but rather than place the foot of his ladder in...
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Premises Case in Bronx Civil Court Dismissed

Yvette Garcia v. Rick Associates, Inc., et al Plaintiff sued the owner/management company for her building due to an alleged fall that occurred in front of the building.  During the early stages of the case, Plaintiff died, and her attorney, despite good faith efforts, was unable to substitute for her.  Our motion to dismiss was...
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Summary Judgment Granted in case involving a NYC School Bus accident

Sherrilyn Sims v. City of New York, NYC Dept. of Education, Renald Fleurantin and Reliant Transportation Inc.  Plaintiff Sims was a matron on a NYC school bus, operated by defendant Fleurantin.  Both were employees of All American School Bus Corporation, which had leased the bus from its owner, Reliant Transportation Inc.  While Fleurantin was driving,...
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Motion to Dismiss Granted for Failure to Provide Discovery – Queens County

Kabir v. Richardson, (Queens Co. Sup. Ct. 2020). On September 23, 2020,  the Hon. Justice Richard G. Latin dismissed plaintiff’s claims pursuant to NY C.P.L.R. Section 3216.  In this motor vehicle action, plaintiff and defendant were operators of separate vehicles involved in an intersection accident.  Plaintiff claimed severe personal injuries.  Our law firm aggressively sought...
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