Dove v. Broome County Correctional Facility, 2011 WL 867072 (N.D.N.Y 2011), 2011 WL 1118452 (N.D.N.Y. 2011).

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OUTCOME: Dismissal on behalf of Client

Ryan v. Preferred Mut. Ins. Co., 38 A.D.3d 1148 (3d Dep’t 2007)

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OUTCOME: Summary Judgment granted to Client

Berry v. Ambulance Service of Fulton County, 2007 WL 949654 (N.D.N.Y. 2007)

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OUTCOME: Summary Judgment to Client

Clements v. County of Riverside CA, 2005 WL 1593925 (N.D.N.Y. 2005).

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OUTCOME: Motion to Dismiss Granted to Client

Almeida Oil, et. al., v. Albano et. al.

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OUTCOME: 467,000 Settlement

Louis U. Gasparini (Partner) obtained a settlement in excess of $467,000 in a commercial litigation matter venued in Westchester County. The settlement was effectuated only a few months after the lawsu ... it was commenced. Our client, a home heating oil supply company which services the entire downstate New York region had sold to a local distribution company fuel oil amounting to over $400,000. The distributor failed to pay our client for the oil and had made attempts to sell its business. Our Firm commenced a lawsuit against the distributor and its owners for breach of contract and accounts stated, among others, seeking the full principal owed, finance charges and attorneys fees. As part of the settlement, the distributor paid the principal owed to our client, finance charges as well as full reimbursement of all attorneys fees incurred in the lawsuit. The owners of the defendant corporation also executed Affidavits of Confession as to the judgment amount.

May v. CDT Realty, et. al.

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OUTCOME: Favorable Verdict saves client millions

On March 2, 2011, Louis U. Gasparini (Partner) obtained a favorable verdict on behalf of his client, a local property management company in a damages only inquest trial. In the case of May v. CDT Real ... Property Management, the plaintiff a now retired Westchester County Probation Officer alleged both physical and emotional injuries stemming from a fall down incident. The Plaintiff was a decorated Vietnam War veteran who sustained serious injuries during combat in Vietnam. Many years later he underwent a partial amputation of his left leg below the knee related to his combat injuries. In our case, the plaintiff alleged that after sustaining a fracture injury to his other leg, he was required to use his prosthetic leg for balance and stability which he claimed made it difficult and painful to physically function. He also claimed that this prohibited him from engaging in the physical activity that he did prior to the incident, including weight lifting, martial arts and field work in connection with his duties as a probation officer. Testimony was heard that plaintiff was forced into retirement as a direct result of this injury. The Plaintiff also claimed an aggravation of pre-existing post-traumatic stress disorder. At trial, the Plaintiff's lawyer requested that the jury award him $7,437,600.00 in damages. We presented evidence at trial that the plaintiff had returned to normal status, and was engaging in his usual pre-incident activities. We also put forth proof obtained through a comprehensive background investigation which contradicted much of the Plaintiff's own testimony on direct examination. The jury returned a verdict of $200,000 for past pain and suffering, $110,000 for future pain and suffering, $0 for future wages, $12,600 for lost time from work and $20,000 for the replacement of his prosthetic leg that was damaged during the incident. The jury's verdict was nearly identical to our final settlement offer prior to the start of the trial, and saved our client millions of dollars in potential exposure.