Martin A. Cohen's Legal Cases (3)

Civil rights

DeFrancesco v. County of Saratoga Springs, et al.

Nov 09, 2009

OUTCOME: Summary Judgment Motion Granted - Case Dismissed

In this civil rights claim, plaintiff claimed false arrest and malicious prosecution steeming from an alleged improper investigation of child abuse conducted by a County caseworker. My summary judgmen ... t motion was granted as the plaintiff failed to prove a County policy or custom deprived him of his civil rights. An dismissal motion successfully removed the caseworker from the proceeding.

Litigation

Scott v. Washington County

Aug 04, 2008

OUTCOME: Defense Verdict

Plaintiff claimed amputation of toe from lawnmower while under supervision of the County. We successfully showed the jury that the injury was neither foreseeable nor proximately related ot the County' ... s supervision.

Appeals

Smith v. Town of Long Lake

May 31, 2007

OUTCOME: Appellate Court Affirmed Summary Judgment

Plaintiff's claims of damage such as loss of property, loss of value to property allegedly stemmed from the Town's repavement of road abutting home. My successful summary judgment motion demonstrated ... that the paving was not a continuous trespass and that the claim was otherwise fatally time barred. On appeal, the Third Department agreed with our argument and followed long standing case law and statute in affirming the Supreme Court's decision to dismiss the case.

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