GENTILE & ASSOCIATES
Personal Injury and Malpractice Law

 

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Reported Cases

Significant cases get tracked and reported by organizations that make databases of these cases available to lawyers and researchers and publish collections of these cases.  Many of our cases have been noteworthy.

Adams v Genie, Industries. Inc.
14 N.Y.3d 535, 929 N.E.2d 380 (N.Y. 2010)
Sustaining additur, sustaining plaintiff�s verdict and holding that the post sale duty of care in product liability includes the duty to remedy the defect.

Melliarenne v Prisco
9 A.D.3d 353, 780 N.Y.S.2d 30, 2004 N.Y. (2nd Dept., 2004)
Affirming summary judgment to defendant at an intersection collision.

Chowdhury v. William E. Philllips, The City of New York, and The New York City Department of Transportation
306 A.D.2d 51, 761 N.Y.S.2d 169 (1st Dept. 2003),
Reversing dismissal pursuant to CPLR 3404.

New York Public Interest Research Group Straphangers Campaign, Inc. et al. v MTA et.al.
309 A.D.2d 127, 763 N.Y.S.2d 12 (1st Dept. 2003). (on the brief)
Challenge to subway rate increase rejected.

Rosato v. Thunderbird Construction
 299 A.D.2d 670, 749 N.Y.S.2d 601, (3rd Dept. 2002),
Reversing Worker�s Compensation Board decision finding special employment immunity, holding the decision was not supported by substantial evidence, noting that WCLJ also committed evidentiary error at hearing.

Sanfilippo v. City of New York
272 A.D.2d 201, 708 N.Y.S.2d 17 (1st Dept. 2000)
Setting aside verdict which failed to award past pain and suffering and past medical expenses as against the weight of the evidence.

Schifano v. Golden
268 A.D.2d 335, 701 N.Y.S. 2d (1st Dept. 2000)
Reversing trial court and reinstating complaint, holding that plaintiff-appellant had met burden of demonstrating serious injury pursuant to Insurance Law � 5102.

Morgan v. Prospect Park Associates
251 A.D.2d 306, 674 N.Y.S.2d 62 (2nd Dept. 1998)
Affirming trial court denial of motion to amend complaint to extend period of alleged negligence in lead poisoning action in order to claim a second incident of negligence and thereby gain access to a second million dollar policy. The issue became moot when the case settled for $590,000.

Sanfilippo v. City of New York
239 A.D.2d 296, 657 N.Y.S.2d 423 (1st Dept. 1997)
Reversing trial court and reinstating complaint, applying and interpreting "special employment" doctrine. This decision is the leading case on this issue in the First Department.

Belle v. City of New York
157 Misc.2d 76, 595 N.Y.S.2d 856 (Sup. Ct., N.Y. Cty, Feb 18, 1993)
Denying summary judgment to the City of New York, holding that the City was performing proprietary function, not governmental function and thus did not enjoy governmental function immunity after plaintiff was attacked in a subway entrance that had been closed by the City. The City of New York settled the case rather than appeal, and the trial court decision received front page coverage in the New York Law Journal, February 22, 1993 at page 1, and has been cited by several secondary sources.

Lieb v. County of Westchester
 176 A.D.2d 704, 575 N.Y.S.2d 87 (2nd Dept. 1991)
Reversing the trial court and ordering a new trial, holding that the trial court committed reversible error in applying the "excited utterance" exception to the hearsay rule in admitting defendant's exculpatory statement made at the scene of an accident.

Deagle v. City of New York
 1992 WL 116368 (S.D.N.Y., May 24, 1992)
Denying motion to dismiss, holding that City of New York may be liable under Monell claim for police misconduct even though police officer was found to enjoy qualified immunity from suit. The trial court decision received front-page coverage in the New York Law Journal, May 26, 1992 at page 1 col 4.

Deagle v. City of New York
999 F.2d 537 (2nd Cir. 1993)
Affirming the decision of Judge Louis Freeh, which found that police officer enjoyed qualified immunity from suit for his false arrest of plaintiff. This defendant was later convicted of murder in the Bronx and the deposition in Deagle v. City of New York was admitted into evidence as a prior bad act when it was demonstrated that the defendant had lied about his police record of civilian complaints and employment misconduct. Case was also topic of Op Ed article by Bob Herbert, N.Y.Times, September 18, 1997 at page A35.