Attorney Lawrence Neil Rogak's Legal Cases

Insurance

Taveras v. Catalano

Jul 21, 2003

OUTCOME: Summary judgment for defendant

Plaintiff fell off a ladder while working on the outside of his father-in-law's house. He sued his father-in-law, who had been watching him work but went inside to answer the telephone when in rang. Pl ... aintiff alleged that defendant should have been holding the ladder steady. Defendant moved for summary judgment, which was granted by Supreme Court, Queens County. The Appellate Division affirmed, holding, "Under the circumstances of this case, the defendant Carmine Catalano did not have a duty to hold the ladder upon which his son-in-law, the plaintiff Michael Taveras, was standing to perform certain maintenance repairs on a house owned by the defendants."

Insurance

Universal Acupuncture Pain Services v. Lumbermens Mutual Ins. Co.

Mar 28, 2003

OUTCOME: Judgment for defendant

In a case of first impression in the no-fault field, the Court held that an insurance company claims examiner may issue a denial of a medical bill based on her own experience, and then afterwards seek ... a peer review doctor's expert report, subject only to the caveat that at trial, the peer review doctor's testimony will be limited to whatever medical rationale the examiner wrote on the denial form.

Insurance

Portelli v. Garcia

Mar 05, 2003

OUTCOME: Judgment for defendant

Plaintiff, a customer, brought this action against defendant, owner of dumping station, for injuries allegedly sustained when he was struck by an automobile on the street outside the station premises w ... hen he exited his parked truck while waiting in line for the station to open. Defendant owner moved for summary judgment. The Supreme Court, Nassau County, held that: (1) the owner did not owe a duty of care to customers to provide safe street access to its premises, as an extension of its duty to provide a safe premises; (2) a town ordinance prohibiting the use of a public street in connection with a business trade did not impose affirmative duty of care on the abutting owner to ensure safety to persons walking in the street; and (3) even if the owner owed duty of care to the customer, any alleged breach of duty was not the proximate cause of the customer's injuries.

Personal injury

Calabrese v. Baldwin Union Free School District

May 13, 2002

OUTCOME: Judgment for defendant

Middle school student brought negligence action against school district for injuries allegedly sustained when student was pushed by a fellow classmate. The Supreme Court, Nassau County, granted distric ... t's motion for summary judgment and student appealed. The Supreme Court, Appellate Division, held that school district did not have actual or constructive notice, as required for finding of liability to injured student on theory of inadequate supervision, of prior similar conduct on the part of classmate who allegedly pushed and injured student.

Insurance

Kemper Insurance Companies v. Azayeva

Feb 04, 2002

OUTCOME: Judgment for plaintiff

The occupants of a car involved in a one-car accident tried to claim underinsured motorist benefits from the car's insurer. Benefits were denied on the ground that in order to qualify for UIM benefits, ... there must be a second vehicle involved in the accident that has less insurance than the car in which the claimants were riding. Claimants argued that the statute does not specifically say so. The Supreme Court agreed, but the Appellate Division reversed, holding, "The definition of an underinsured motor vehicle in the petitioner's insurance policy, which reflects the language of the Insurance Law, provides that the supplementary underinsured motorist coverage applies only when another, offending vehicle is inadequately insured to cover an injured claimant's loss. Since there was no other motor vehicle involved in the accident, the respondent may not recover supplementary underinsured motorist benefits under the petitioner's policy."

Personal injury

Rios v. Smith

Feb 13, 2001

OUTCOME: Judgment for plaintiff upheld

Plaintiff was a passenger on an all terrain vehicle (ATV) owned by defendant Persico who allowed his son and a friend, Smith, to use it. Plaintiff was thrown from the ATV and seriously injured. The iss ... ue on appeal was whether an ATV is a "dangerous instrument" for which a parent can be held liable for "negligent entrustment" to a minor. The jury found Persico partly liable. The Court of Appeals held that "Under the particular facts and circumstances presented here, however, the issue of whether the ATV was a dangerous instrument was a question of fact properly submitted for jury determination. The record revealed that Persico estimated that the ATVs could attain speeds of 20 to 30 miles per hour and a passenger would ride the vehicle by holding onto the driver. His testimony described the unrestricted use of the ATVs on the approximately 40 acres of rural property, including use of the vehicles off paved surfaces. He was aware his sons operated the vehicles with passengers and had likely performed wheelies. In light of this proof, it was not improper for Supreme Court to submit this issue to the jury for resolution."

Slip and fall accident

Vogel v. Venetz

Dec 26, 2000

OUTCOME: Denial of summary judgment

John Vogel, a guest at the defendants' motel in Old Forge, NY, was allegedly injured when he slipped and fell in the motel parking lot, which was covered with ice and snow. The plaintiff was in Old For ... ge to go snowmobiling on designated trails, and the accident allegedly occurred as he was preparing to mount his snowmobile onto a trailer before leaving the parking lot. The defendants moved for summary judgment dismissing the complaint on the theory that, when going skiing, slipping and falling on snow and ice is an assumed risk, even if it happens in the parking lot of the hotel. The Supreme Court denied the motion. The Appellate Division affirmed. The defendants contended that the plaintiff was engaged in a sports activity at the time of his accident, and that he assumed the risks inherent in and arising out of the use of a snowmobile. But the Appellate Division held that defendants are not owners or operators of a sporting facility, and the plaintiff's alleged injury was not caused by an inherent danger associated with snowmobiling. Therefore the defendants failed to demonstrate prima facie entitlement to judgment as a matter of law.

Discrimination

Stephen v. Maximum Sec. & Investigations, Inc

Dec 04, 2000

OUTCOME: Judgment for defendant

Plaintiff, a Jehovah's Witness, was discharged by defendant-employer for excessive lateness and unexcused absences. Plaintiff claimed religious discrimination based on his supervisor saying, at the tim ... e of his discharge, "Say goodbye to Jehovah for me." The Court held that "Stephen's history of 'no-shows/no-calls' and the perception of his increasing unavailability for work constituted a legitimate, nondiscriminatory reason for his termination... the statements attributed to [his supervisor] do not reflect adversely upon the Jehovah's Witnesses. They fail to satisfy Stephen's burden to that the reason asserted by Maximum for his discharge-i.e., his absences-was pretextual."

Car accident

McKeaveney v. Reiffert

Jan 10, 2000

OUTCOME: Judgment for defendant

Parents of child bicyclist brought personal injury action against automobile driver and owner, seeking recovery for injuries sustained by child in automobile-bicycle collision. The Supreme Court entere ... d judgment in favor of defendants, and parents appealed. The Supreme Court, Appellate Division, held that driver was not negligent in colliding with child bicyclist who rode out of driveway and into street without stopping or looking.

Slip and fall accident

Ally v. R. Hyams d/b/a At Your Service Office Maintenance & Management

Sep 28, 1999

OUTCOME: Summary judgment for defendant

Plaintiff slipped and fell on the marble floor in the lobby of her employer's building. She sued defendant, who cleaned the offices and polished the floors, alleging that he was negligent in applying t ... oo much wax to the floor. The Court granted summary judgment to defendant, holding that in the absence of evidence of a negligent application of floor wax, the mere fact that a smooth floor may be shiny or slippery does not support a cause of action for negligence.

Lawrence Neil Rogak's Legal Cases (21)

Taveras v. Catalano

Universal Acupuncture Pain Services v. Lumbermens Mutual Ins. Co.

Portelli v. Garcia

Calabrese v. Baldwin Union Free School District

Kemper Insurance Companies v. Azayeva

Rios v. Smith

Vogel v. Venetz

Stephen v. Maximum Sec. & Investigations, Inc

McKeaveney v. Reiffert

Ally v. R. Hyams d/b/a At Your Service Office Maintenance & Management