Trevett Cristo Salzer & Andolina P.C.

July 2010 Union Update

lnewman — Wed, 14 Jul 2010 19:16:57 +0000

july-2010-union-newsletter

Spring 2010 Insurance Defense Newsletter

admin — Mon, 29 Mar 2010 14:40:40 +0000

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DWI Acquittal in Rochester City Court

lnewman — Fri, 19 Mar 2010 14:28:19 +0000

Attorney Clark J. Zimmermann recently tried a case in Rochester City Court and obtained a Not Guilty verdict in connection with all alcohol related offenses, including the lesser offense of Driving While Ability Impaired. He attributes this verdict to his vigorous cross examination of the arresting officer concerning the defendant’s operation of her motor vehicle and the officer’s performance of field sobriety tests.

$450,000 Award Against the State in Medical Malpractice Action

lnewman — Fri, 19 Feb 2010 14:30:28 +0000

Attorney Robert E. Brennan successfully tried a case before the Court of Claims relating to a claim for personal injuries suffered by an inmate at a New York State correctional facility that resulted from the negligence of the facility’s staff physicians. The claimant’s physicians negligently and without permission injected him with a drug known as Kenalog-40 directly into his left Achilles tendon. As a result of this injection, the claimant suffered an undiagnosed tear to his Achilles tendon that was thereafter improperly treated. As a result of his doctors’ malpractice, the claimant suffered a permanent partial loss of use of his left Achilles tendon, a traumatic loss given that prior to this misdiagnosis, the claimant was a top rated, competitive, long distance runner. After a full trial, a verdict was handed down against the State in favor of the claimant for $450,000.

January 2010 Union Update

lnewman — Fri, 22 Jan 2010 20:07:52 +0000

jan-2010-union-newsletter

Successful Appeal Regarding Labor Law and Indemnification Issues

lnewman — Sat, 09 Jan 2010 15:33:29 +0000

Christopher T. Pusateri successfully defended an appeal before the Appellate Division, Fourth Department on behalf of the Defendant/Respondent contractor. During the course of a construction project, an employee of another contractor was injured on the job as a result of onsite negligence. This action sought a declaration of the Plaintiff’s indemnification rights and liabilities against several contractors brought by the injured worker. The trial court granted Defendant Respondent’s Motion for Summary Judgment declaring that our client, a sub-contractor, did not supervise the project and, thus, was not liable pursuant to Section 240 and 241 of the Labor Law. Similarly, the trial court would not dismiss our client’s cross claims for indemnification and contribution as there existed a question of fact as to the other contractor;s liability. These rulings were affirmed by the Appellate Division.

Declaratory Judgment Obtained

lnewman — Sat, 09 Jan 2010 15:30:35 +0000

Christopher T. Pusateri successfully argued a motion for partial summary judgment before the Ontario County Supreme Court on behalf of Plaintiffs. In this action, Plaintiffs’ sought to refinance an existing first mortgage, but were unable to do so. Defendant offered to assist with refinancing by utilizing his good credit in consideration for residing on the property expense free until Plaintiffs were able to, independently, obtain a mortgage commitment. Incidental to the refinancing process and since the bank was using the credit of non-property owners, Defendants names were added to the deed. Years later, Plaintiffs secured a mortgage commitment in their individual capacity. Defendants. however, failed to relinquish their title interests and reconvey the property to the Plaintiffs. On motion, the Ontario County Supreme Court declared Plaintiffs the sole property owners as the record indicated they bore sole responsibility for paying all mortgage payments, taxes and utilities during Defendants’ residency. It was ordered that Defendants names be removed form the Deed.

Motorcylce Accident Claims Dismissed

lnewman — Fri, 08 Jan 2010 15:27:30 +0000

Christopher T. Pusateri successfully tried a matter in Manchester Town Court wherein the Plaintiff alleged property damage to his Harley Motorcycle as a result of a motor vehicle accident. In a bench trial, the court issued a no-cause verdict finding that the Plaintiff negligently collided with Defendant’s vehicle and failed to abide by the New York State Vehicle and Traffic Law.

Winter 2009 Newsletter

admin — Tue, 22 Dec 2009 15:46:10 +0000

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Lunn Joining Trevett Cristo

admin — Wed, 18 Nov 2009 17:07:29 +0000

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