$2.575 million Verdict
Medical Malpractice – Failure to Diagnose Prostate Cancer

LAW partner Frank P. Winston successfully tried a medical malpractice case in which an Onondaga County jury found the defendant liable for his failure to timely diagnose the Plaintiff’s prostate cancer. The jury ultimately awarded Plaintiffs $2.575 million, the precise amount requested by Mr. Winston in his closing argument to the jury.

 

$2.18 million Settlement
Property Damage – Adjacent Property Claim

LAW partner Frank P. Winston represented a Bronx property developer in an action involving property damage, caused by adjacent construction, to two (2) residential apartment buildings.  The Plaintiff received a total of $2.18 million in the resolution of its claims.  The award included $528,952 paid by the insurance company during LAW’s representation of the Plaintiff prior to suit and $1.66 million paid arising from successful mediation.  The award represented compensation not only for the damages sustained to the subject buildings, caused by adjacent property construction at 630 Concord Avenue, but also for tenant relocation costs, lost rent, interest on construction loans and lost tax credits.

 

$2.1 million Settlement
Property Damage
LAW partner Johnathan Lerner recovered $2.1 million in damages on behalf of his client whose property sustained significant water damage when frozen pipes burst as a result of inadequate winterization of the plumbing system.  Mr. Lerner successfully argued that the alleged “run down” condition of the property did not constitute sufficient evidence of a pre-existing condition that warranted exclusion from insurance coverage.

 

$1.9 million Settlement – 2014
Personal Injury – Pedestrian/Motor Vehicle Accident

LAW Partner Charles M. Arnold represented a 23-year old pedestrian who suffered multiple broken bones, surgeries and permanent neurological injury.  The case involved an intersection collision involving a NYPD vehicle and a private van.  The victim, a pedestrian, was completely innocent walking to the subway with the traffic lights.  The case was nevertheless quite challenging due to the New York Vehicle and Traffic Law provisions granting police vehicles special privileges and requiring injured plaintiffs to show recklessness.  However, due to Mr. Arnold’s extensive knowledge of NY Vehicle and Traffic Law and tireless investigation of every detail of the accident, the defendants were still forced to settle the case before trial.

 

$1.65 million Settlement
Personal Injury – Motor Vehicle Accident

LAW partner Charles M. Arnold represented a federal law enforcement officer who sustained career-ending injuries in a motor vehicle accident at JFK airport.   LAW attorney, Charles M. Arnold, successfully represented this client after another firm initially handling the claim recommended acceptance of an unfair, inadequate settlement offer in the amount of $100,000.  Mr. Arnold thereafter commenced suit in federal court.  He litigated the entire case and negotiated a substantially higher settlement in lieu of a federal court trial.

 

$1.5 million Settlement
Personal Injury – Motor Vehicle Accident

LAW successfully represented a deli and bakery manager for a major NYC food chain who was seriously injured when a NYC sanitation truck hit the car she was riding in from behind.  The client was left unable to return to the job she loved and faced significant future limitations due to her injuries.  Liability was established before trial, necessitating only a trial to determine the extent of her damages.  LAW attorneys, Charles M. Arnold and James M O’Connor successfully negotiated a fair and reasonable settlement just prior to trial with the City of New York in the amount of $1.5 million dollars.

 

$1.225 million Settlement
Property Damage – Fire

LAW partner Johnathan Lerner represented the owner of a two-family home destroyed by fire.  The home owner’s insurance policy had been transferred to a new carrier who initially took the position that, as a “life tenant”, the property owner was not entitled to homeowners policy coverage.  However, during depositions Mr. Lerner proved that, not only did the acquiring carrier have full understanding of the “life tenant” status of the homeowner; they had in fact purchased an “entire book” of similar policies.  Mr. Lerner also proved that the carrier’s underwriting guidelines specifically allowed the issuance of homeowner policies for life tenants.

 

$1.2 million Settlement
Personal Injury – Pedestrian Struck by Automobile

A young, autistic adult was struck by an automobile while crossing the road to get to work one morning.  He suffered serious head injuries and required extensive surgery and treatment.  Despite the fact that the client had no memory of the accident LAW attorneys Charles M. Arnold and James O’Connor were able to build a strong case of negligence on the part of the driver of the automobile.  The case settled for a fair and reasonable amount only after all investigations and discovery was complete and the case was set to go to trial in Nassau County a venue notoriously difficult for personal injury plaintiffs.

 

$1 million Settlement
Property Damage – Flood; Tropical Storm Irene

In a case that took two years to satisfactorily settle, LAW partner Johnathan Lerner recovered $1 million on behalf of a packaging company client for flooding damage to the “property of others”.   Under the commercial package provisions of the policyholder’s insurance coverage, the policyholder is entitled to recoup losses incurred to the “property of others” that is in the possession of the insured at the time of the sustained damage.

 

Nearly $1 million Verdict
Personal Injury – Motor Vehicle Accident

­­­­­­­­­­­­­­­­­­LAW partner Charles M. Arnold successfully tried a case in Manhattan against the City of New York, ConEdison, and American Transit Insurance Company (NYC Taxi insurance carrier).   The case involved a New York City taxicab, carrying two passengers, that crashed into concrete “jersey barriers” placed in the roadway outside of a ConEdison facility on W66th Street.  Despite the fact that both innocent passengers sustained serious injuries, the defendants fought the case through trial.  LAW attorney Charles M. Arnold successfully obtained a judicial finding of liability against all three defendants in the appellate court.  He thereafter tried the case to verdict in Manhattan obtaining a jury verdict just shy of $1 million.

 

Nearly $1 million Settlement
Property Damage – Flood Damage; SuperStorm Sandy

LAW partner Johnathan Lerner recovered nearly $1 million on behalf of a Long Island client whose home was destroyed during SuperStorm Sandy.  Mr. Lerner successfully argued that damages sustained during the storm, and therefore “cause of loss”,  were not simply the result of storm flooding but of resultant power outages in the area causing sewer backup and sump pump failure.  Loss of power to a sewer plant in the area sent in excess of 100 million gallons of raw sewage into the bay and the channel where Plaintiff’s home was located.

 

$853,177 Award
Personal Injury – Premises Liability

In New York County Supreme Court, after inquest trial, Plaintiff was awarded the amount of $853,177 arising from a trip and fall accident in the vestibule of her apartment building where she suffered a left ankle injury with impingement, a left foot Hallux valgus deformity and a post traumatic right knee chondral injury.  The defendants attempted to avoid the claim through default and LAW partner Frank P. Winston collected the entire judgment for the client.

 

$750,000 Settlement
Property Damage – Fire

LAW partner Johnathan Lerner recovered $750,000 in damages on behalf of his client whose business sustained significant business interruption losses as a result of a fire to one of its medical facilities.  The case required the necessity to reach mutual agreement on calculating the amount of the business loss.  The insurance carrier argued that the business would have incurred billing losses, regardless of the fire, since it had recently terminated one of its medical professionals and was unwilling to include said billing losses in the calculation of loss.  Mr. Lerner successfully counter-argued that the business income would have increased as a result of the improved office environment and employee morale and therefore the fire impacted his client’s future business earnings potential.

 

$750,000 Settlement
Property Damage – Improper Structural Design

A Monsey, NY homeowner suffered significant damage to his home as a result of the architect’s negligence in properly designing the 7,000 square foot residence.  The “under-design” and inadequacy of the home’s support beams resulted in their movement causing damage to the home’s interior; necessitating replacement of several floors, walls, and ceilings.  Steel support beams had to be installed in the basement of the home to prevent the entire first floor from collapsing into the basement.   LAW partner, Johnathan Lerner proved liability and that the originally-installed support beams had been discontinued by the manufacturer.  He successfully negotiated a $750,000 settlement for the Plaintiff.

 

Reversal of Trial Court

In Lori Hudson v. Allstate Insurance Company, 25 A.D.3d 654, 809 N.Y.S.2d 124 (2d Dept. 2006), LAW attorney, Frank Winston argued for the New York Appellate Division, Second Department, to reverse the trial court and grant the Plaintiffs’ summary judgment and holding that the Plaintiff was indeed covered for a flood which occurred in her home.  The Second Department accepted Mr. Winston’s argument and found that a pipe which was within the home’s foundation, but above the ground underneath, did not fall within the “water which seeps on or below the surface of the ground” exclusion to the insurance company’s policy and was a covered loss.