Firm News

Partner David Metzger Obtains Summary Judgment

Partner David Metzger obtained summary judgment in a negligent security case venued in Essex County, New Jersey. In this case, the plaintiff was attacked and sustained life-threatening injuries after exiting an elevator in a public housing authority building in the early morning hours. Lewis Johs represented the contracted security company. The assailant was never identified […]

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Senior Counsel Dennis C. Valet Wins Appeal in First Department

Senior Counsel Dennis C. Valet prevailed before the Appellate Division, First Department, affirming the trial court’s decision to enforce a settlement agreement. In the underlying personal injury action, venued in Bronx County, the parties settled all claims through mediation. Because the mediation was virtual, however, the post-mediation memo prepared by the mediator was never executed […]

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Summary Judgment Successfully Obtained by Attorney John Horan

Senior Counsel John Horan successfully obtained summary judgment and dismissal of all claims against our client, an importer of heavy equipment. In this case, venued in Kings County Supreme Court, the plaintiff alleged that she sustained injuries to her hands as a result of being burned by a commercial laundry folding machine. Following oral argument, […]

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Associate Adam Silverstone Obtains Summary Judgment for Security Guard Company

Associate Adam Silverstone moved successfully for summary judgment in a negligent security action venued in Suffolk County Supreme Court. In this case, the plaintiff sued to recover damages for life-threatening injuries she sustained as the result of a vicious assault by a co-defendant while plaintiff was a guest at a local motel. The co-defendant motel […]

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Fred Johs Named to 2024 Best Lawyers® in America

Lewis Johs Avallone Aviles is proud to announce that co-founding partner Fred Johs has been recognized by the 2024 Best Lawyers® in America for his work in the following categories: Medical Malpractice Law – Defendants Personal Injury Litigation – Defendants Fred’s exceptional contributions to Medical Malpractice Law and Personal Injury Litigation have earned him this […]

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Dismissal of Complaint Obtained in Insurance Coverage Lawsuit

Karen Berberich and Amanda Dickens successfully obtained a dismissal of an insurance coverage complaint in Saratoga County Supreme Court. In this case, claimant sued the insurance carrier seeking coverage for the civil judgment the claimant had obtained against the insured.  In granting the motion to dismiss, the Court agreed with Karen and Amanda’s argument that […]

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Partner Brian Greenwood Obtains Defense Verdict in Medical Malpractice Case

Partner Brian Greenwood recently obtained a defense verdict on behalf of his client, an orthopedic surgeon with a subspecialty in foot and ankle surgery, in a case tried in Nassau County Supreme Court.  In this case, the plaintiff had suffered a ruptured Achilles tendon which Brian’s client surgically repaired.  Plaintiff alleged that the anesthesiologist who performed a popliteal nerve block prior to the start […]

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Summary Judgment Successfully Obtained by Attorney Sean Brodersen

Associate Sean Brodersen successfully moved for summary judgment in an action venued in Suffolk County.  In this medical malpractice case, the plaintiff sued both individually and as administrator of her husband’s estate to recover damages sustained allegedly when the defendants failed to timely perform pericardiocentesis on the plaintiff’s husband during his hospital admission, resulting in […]

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“New York Lawmakers Again Pass Wrongful Death Damages Bill.
Is Another Veto in Store?”

Source:  Insurance Journal New York’s current wrongful death law does not permit recovery for pain and suffering, mental anguish, or loss of companionship for surviving family members. It restricts damages to pecuniary, or tangible, monetary damages only. Further, it limits recovery in wrongful death cases to a decedent’s immediate family members – a child, parent, spouse, or the estate’s representative. The latest version […]

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Karen Berberich and Amanda Dickens Obtain Summary Judgment for Insurance Carrier

Karen Berberich and Amanda Dickens obtained summary judgment dismissal of an action brought by an insured homeowner against an insurance carrier client.  The Washington County Supreme Court lawsuit had sought coverage for the remediation of an oil spill in the plaintiff’s home.  Karen and Amanda successfully argued that the pollution exclusions applied to bar coverage […]

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