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Discontinuance of Case

Mena, Rosa Anyely Vasquez v. Emad A. Melek, Uber Technologies, Inc., Uber USA., LLC, Raiser-NY LLC, Lyft, Inc., Sidco Food Distribution Corp. & Daniel Aguilar Motor vehicle accident case. Richard Berne obtained a closed-circuit video taken in the area of the underlying accident, which showed that at the time of the impact the insured was...
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Hudson Valley Top Lawyers At B&B.

Brooks & Berne PLLC congratulates 5 of its attorneys for being selected as Hudson Valley Top Lawyers. Alesha Powell (Personal Injury) Chevon Brooks (Construction) Nicole Varisco (Civil Law Litigation) Barbara Matarazzo (Insurance)Alesha Powell (Personal Injury) Victor Gialleonardo (Insurance)
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Brooks & Berne, PLLC Obtains Dismissal.

Christopher M. Davis and Denise A. Obre-Davis v. Dennis P. Crowley et al., CASE SUMMARY On September 24, 2021, the New Jersey Superior Court issued an opinion in Christopher M. Davis and Denise A. Obre-Davis v. Dennis P. Crowley et al., No. GLO L 000655-21, dismissing the Third-Party Complaint against United Property Casualty Insurance Company...
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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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