RECENT NEWS
MMP&S Prevails in Multi-Vehicle Accident Liability Trial in Florida
Michael Lynott and Crystal Arocha tried a liability-only case in a three-car highway accident case where MMP&S’s client allegedly struck a truck, pushing it into the plaintiff’s lane, striking the plaintiff’s vehicle and causing the plaintiff to drive off the...
MMP&S Secures Defense Verdict in Broward County, Florida
On February 9, 2023, MMP&S trial team of Michael J. Lynott and Ian Alperstein obtained a jury defense verdict for Citizens Insurance Company in Broward County Circuit Court. The claim was for Hurricane Irma which allegedly caused water damage to plaintiff’s home...
New York Governor Vetoes Grieving Families Act
On June 2, 2022, the New York State legislature passed the “Grieving Families Act,” which would have made sweeping changes to New York State’s 175-year-old wrongful death statute (§5-4.1 of New York’s Estate, Powers and Trusts Law) by dramatically expanding the...
MMP&S Defeats Summary Judgment Motion in NY Labor Law Matter
James Baden, a partner in our Purchase, New York office, successfully opposed a plaintiff’s summary judgment motion in a complicated Labor Law matter pending in the New York State Supreme Court, Queens County. The plaintiff was dismantling a scaffold, when he fell 10...
Super Lawyers® Names MMP&S Partners in the 2022 Edition
Milber Makris Plousadis & Seiden, LLP is pleased to congratulate our partners Christopher Albanese, Richard Davies, Kevin Dmochowsky, Lorin Donnelly, Daniel Rucket and Susan Stromberg for being named Super Lawyers®, and Alicia Gross, Niall Harding, Kenneth...
MMP&S Secures Two Nominal Settlements Before Florida Trials
Michael Lynott of MMP&S’s Miami office and Jennifer Noud-Duarte of MMP&S’s Boca Raton office obtained two favorable settlements for Citizens Property Insurance Corporation (Citizens) on the eve of one trial and the first day of another. The night before a...
MMP&S Prevails on Motion for Summary Judgment in Miami-Dade County
Jennifer Noud-Duarte of MMP&S’s Boca Raton office prevailed on a summary judgment motion in a breach of contract action involving a water leak. Judge Elijah A. Levitt in the County Court of the Eleventh Judicial Circuit in and for Miami-Dade County adopted our...
MMP&S Secures Defense Verdict on Behalf of Suffolk County in Motor Vehicle Case
Trial partner John Grisafi secured a liability defense verdict on behalf of Suffolk County, New York for claims of personal injuries arising out of a motor vehicle accident. The plaintiff claimed that a Suffolk County bus struck the co-defendant’s vehicle in the rear...
Amendments to Florida Law Limit Use of Proposals for Settlement and Offers of Judgment
The Florida Supreme Court has dramatically changed the law regarding Proposals for Settlement and Offers of Judgment pursuant to Florida Rule of Civil Procedure 1.442 and Section 768.79, Florida Statutes. An Amendment effective July 1, 2022, revises Rule 1.442 to...
MMP&S Wins Appeal Upholding Unanimous Defense Verdict in Labor Law Trial
Appellate partner Lorin Donnelly prevailed on a years’ long appeal by plaintiff of a unanimous defense verdict obtained in March 2019 by trial partner Donna Pascucci Day. The underlying jury trial took place in New York State Supreme Court, Kings County (Brooklyn)...
MMP&S Wins Motion to Dismiss in Delayed Burial Action
Samantha Lansky and Jennifer Bentivegna prevailed on a pre-answer motion to dismiss in Supreme Court, Suffolk County in an action stemming from a delayed burial. Plaintiffs, relatives of the decedent, commenced suit against our client, a funeral home, and...
Amendments to the New York State Comprehensive Insurance Disclosure Act (“CIDA”)
On December 31, 2021, New York State enacted the Comprehensive Insurance Disclosure Act (“CIDA”). The stated purpose of the Act is to ensure that parties in a litigation are correctly informed about the limits of potential insurance coverage. The burden on defense...
Virtual Panel Discussion on Navigating the Discovery and Data Challenges of the Remote Office
The unprecedented, rapid shift to remote work created substantial discovery and data challenges. The tension between security and access, transparency and privacy has never been more acute. Flexible work environments are here to stay. How are legal and data...
MMP&S Obtains Defense Verdict in Month-Long Medical Malpractice Trial
Donna Pascucci and Niall Harding from MMP&S’s Purchase, New York office recently secured a defense verdict in a healthcare/medical malpractice matter in New York Supreme Court, Suffolk County. Donna and Niall successfully defended a Nurse Practitioner who...
Super Lawyers® Names MMP&S Partners and Associates in the 2021 Edition
Milber Makris Plousadis & Seiden, LLP is pleased to congratulate our partners Susan Stromberg, Lorin Donnelly, Christopher Albanese and Kenneth Morgillo, and our associates Jerome Orlhac and Alicia Gross for being named Super Lawyers® and Rising Stars® in the 2021...
MMP&S Wins Motion for Summary Judgment on Trip and Fall Premises Liability Case
In Erika Daubenmire v. D.R. Horton, Inc., MMP&S prevailed on a Motion for Summary Judgment on a trip and fall premises liability case in Indian River County, Florida. MMP&S's client is a home builder, which was constructing residential homes in a subdivision...
MMP&S Obtains Defense Verdict in Four Day Jury Trial
In Avril/Romain v. Citizens Property Insurance Company, MMP&S prevailed in a four-day jury trial and obtained a defense verdict in favor of their client Citizens. After deliberating for one hour and ten minutes, the jury agreed with the defense position that there...
MMP&S WINS APPEAL IN WRONGFUL DEATH CASE
Vantroba et al v. Zodiaco et al., MMP&S obtained a reversal and dismissal of wrongful death claims in the Appellate Division, Second Department. The decedent died of smoke inhalation from a fire that started on top of the stove in the decedent's apartment. The...
MMP&S RECOVERS LEGAL FEES AFTER SECURING SUCCESSFUL TENDER IN LABOR LAW CASE
In Eugene Sternkopf v. Icon Interiors, Inc. et al, MMP&S tendered the defense of our client, a general contractor on a large construction site, to the plaintiff's employer. The lawsuit involved a significant injury when the plaintiff fell from a scaffold. The...
MMP&S Obtains Dismissal of Complaint Against Real Estate Appraiser
In Mave Hotel Investors LLC v. TS Worldwide, LLC, MMP&S obtained a dismissal of a Complaint in the Commercial Division of the Supreme Court, New York County, based upon the principle that a lender's consultant does not owe a duty to a borrower. In this regard, the...
MMP&S Obtains Entitlement to Attorney’s Fees Under the New Florida Statute Section 627.7152(10)
In P and R 24 7 Restoration LLC a/a/o Paola Medina v. Citizens Property Insurance Corporation, Lauren Farinas, Esq. successfully prevailed on a Motion for entitlement to Attorney's Fees under Fla. Stat. 627.7152(10). This was the first entitlement Order obtained by...
MMP&S Obtains Affirmance in the Appellate Division, Second Department
In Mooklal v. Clermont Farms, et. al., after successfully prevailing in three prior motions, MMP&S obtained an affirmance in the Appellate Division, Second Department of an order denying plaintiff's motion to renew a prior motion for summary judgment and a prior...
Summary Judgment Granted in Case Involving Property Owners & Managers
In Xiomara Astacio v. Birdie 141 Broadway Associates, et. al., MMP&S successfully obtained summary judgment dismissing all claims brought by the plaintiff against multiple Insured property owners/property managers, seeking over $1 Million in damages for...
MMP&S Obtains Dismissal of Complaint Against Architectural Firm
In Guo Giang Cai v. First Gardens Corporation, MMP&S obtained dismissal of Plaintiffs' complaint based upon Plaintiffs' failure to state a cause of action against our client, an architectural firm. Plaintiffs alleged that they suffered property damage in their...
MMP&S Obtains Defense Verdict Following 4 Week Jury Trial
MMP&S successfully obtained a defense verdict following a 4 week jury trial in Supreme Court, Kings County. Our client, the Defendants, were the owners and property managers of a cooperative apartment building. The Plaintiff, a package delivery person, claimed...
Covid-19 Update from Milber Makris Plousadis & Seiden, LLP (03.17.20)
2020 "With the global concerns of the spread of COVID-19, the health, safety and well-being of our employees, and continued services to our clients are our top priority. In our efforts to prevent possible exposure to COVID-19 in our working environment, and to...
MMP&S Prevails on Pre-Answer Motion to Dismiss Employment Law Action
In Saffer v. Woodstock Guild of Craftsmen, Inc., MMP&S prevailed on a pre-answer Motion to Dismiss the Complaint in Supreme Court, Queens County. In this employment law action, Plaintiff alleged that he was terminated in retaliation for his complaints concerning...
Summary Judgment Obtained for Architecture and Engineering Design Firm
In Volin v. Gulfstream Park Racing Association, Inc., et al, MMP&S successfully obtained Summary Judgment for our client, an architecture and engineering design firm. The action was a personal injury lawsuit alleging a negligence count against our client for the...
MMP&S Secures Voluntary Discontinuance in Complex Accounting Malpractice Action
In Knet, Inc. v. Ruocco, et al, MMP&S successfully persuaded a plaintiff to voluntarily discontinue with prejudice a complex accounting malpractice action against our client, an accounting firm that had participated and its central partner had invested in a business,...
MMP&S Obtains Voluntary Dismissal for Soil Testing and Engineering Firm
In Heron Bay Community Association, Inc. v. WCI Communities, LLC et al, MMP&S successfully obtained a voluntary dismissal for our client, a soil testing and engineering firm, in connection with a complex construction defects suit regarding the Heron Bay Community, a...