Attorney Salvatore V. Agosta's Legal Cases

Employment and labor

Padilla v. Touro College, et al

Apr 05, 2022

OUTCOME: Settled before Trial

Plaintiff was on a construction site installing security systems, when a stack of heavy drywall panels stored in a hallway fell on him. Defendants claimed the Plaintiff caused the incident and all Defe ... ndants claimed no knowledge of the source of the loosely stored drywall or the duration the condition existed. The lower Court granted summary judgment dimissing Plaintiff's Labor Law 200, 240, and 241(6) claims, however the Appellate Division reversed the lower court's ruling, stating that Defendants had failed to meet their initial prima facie burden, and had failed to show that they had not created the dangerous condition, did not allow it to exist for an unreasonable amount of time, and that they did not contribute to Plaintiff's injuries.

State, local, and municipal law

Lewis v. Palazzalo, 143 A.D.3d 783 (2nd Dept. 2016)

Oct 12, 2016

OUTCOME: Settled before Trial

The Second Department Appellate Division reversed the lower Court's decision in this injured Police Officer case. The statutes at issue did not confer tort liability for members of the public. However, ... it was successfully argued on Appeal that General Municipal Law 205-e creates a cause of action for police officers despite a public cause of action being unavailable. The Court expanded Gen. Mun. Law 205-e to safety statutes that may not specifically confer tort liability.

Animal and dog bites

Matthew H. v. County of Nassau, et al

Jul 15, 2015

OUTCOME: Settled before Trial

Infant Plaintiff was viciously attacked by three dogs kept communally in a house nearby by college roommates. The roommates and landlord moved successfully in the lower Court for dismissal, arguing tha ... t they did not own the dogs, and that the landlord lacked knowledge of the dogs' presence. The Second Department Appellate Division applied the definition of "harborer" of a vicious animal, and agreed on Appeal that simply offering food or shelter to the animal triggers liability. Based on the viciousness of the attack on the Infant Plaintiff, and the harborer status of the Defendants, dismissal was reversed.

Litigation

Lopez v. New York Life Ins. Co., et al, 90 A.D.3d 446 (1st Dept. 2011)

Dec 08, 2011

OUTCOME: Settled before Trial

Plaintiff was injured at work when he stepped into a watery substance that had filled a hallway owned, maintained, and cleaned by the Defendants. During litigation, the Defendants collectively argued t ... hat they had no knowledge of the condition or an explanation of how it was created. The lower Court dismissed the case on Summary Judgement, however, the First Department on Appeal reversed the Decision and stated that the Defendants had not met their prima facie initial burden of evidence. The matter was settled shortly after.

Salvatore V. Agosta's Legal Cases (4)

Padilla v. Touro College, et al

Lewis v. Palazzalo, 143 A.D.3d 783 (2nd Dept. 2016)

Matthew H. v. County of Nassau, et al

Lopez v. New York Life Ins. Co., et al, 90 A.D.3d 446 (1st Dept. 2011)