Trevett Cristo Salzer & Andolina P.C.

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

Click here to open our Winter 2009 Newsletter in a new window.

Lunn Joining Trevett Cristo

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

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Benefits Obtained for Injured Firefighter

lnewman — Wed, 18 Nov 2009 16:58:55 +0000

Lawrence Andolina and Daniel DeBolt successfully obtained benefits under General Municipal Law §207-a for a firefighter who was permanently disabled as the result of an on-the-job injury. A hearing officer had originally awarded the benefits, but the Fire District engaged in a lengthy legal battle attempting to overturn that decision. Although the District was successful in the lower court, the Appellate Division reversed and reinstated the hearing officer’s award of benefits.

Motor Vehicle Action Dismissed For Failure to Meet Insurance Threshold

lnewman — Tue, 17 Nov 2009 14:27:23 +0000

Attorney Christopher T. Pusateri successfully achieved Summary Judgment in Wayne County Supreme Court. Plaintiff asserted a claim for personal injuries that were allegedly incurred as a result of a motor vehicle accident. Defendants moved to dismiss the matter premised upon the fact that the Plaintiff had significant pre-existing injuries and that he had not met his burden of causation. The court agreed, ruling that the plaintiff did not meet the “serious injury” threshhold, within the insurance law, and otherwise failed to link the injuries with the subject accident.

Thomas Trevett Named to Council for People With Disabilities

mcampanella — Mon, 16 Nov 2009 14:27:46 +0000

Attorney Thomas N. Trevett has been named a manager/co-manager to the County of Monroe - City of Rochester Council for People with Disabilities. Mr. Trevett will be working on the Council’s municpal unit to address the various issues that the physically challenged might face. The Firm is very proud of Mr. Trevett for his contributions to the Council, as well as his ongoing work with the disabled.

Slip & Fall Case Dismissed

mcampanella — Thu, 29 Oct 2009 16:05:32 +0000

Attorney Richard M. Doyle successfully defended a slip and fall case brought in the Wayne County Supreme Court against the Mall at Greece Ridge Center. The plaintiff alleged that, as a result of falling into a pothole in the parking lot at the Mall at Greece Ridge Center, she fractured her elbow and wrist, and was subsequently out of work for eight months. The plaintiff also testified that she required surgery to repair the injuries she allegedly suffered to her elbow. After a jury trial, a verdict was rendered in favor of the defendant finding that it had not negligently maintained the parking lot in which the plaintiff had allegedly tripped.

Declaratory Judgment Ruling Reversed

lnewman — Fri, 23 Oct 2009 13:43:02 +0000

Attorney Mark M. Campanella successfully argued an appeal before the Appellate Division, Fourth Department, on behalf of the appellant/plaintiff in connection with a declaratory judgment action. In this action, the appellant/plaintiff was hired as the construction manager for a college renovation project. During the course of construction, the employee of one of the prime contractors was injured on the job as a result of the negligence of other prime contractors employed at the site. This action sought a declaration of the appellant/plaintiff’s indemnification rights against the negligent prime contractors in a personal injury suit brought by the injured worker. After the trial court granted the respondents’ respective motions for summary judgment, Mr. Campanella successfully demonstrated numerous questions of fact to the Appellate Division that precluded summary judgment in favor of the respondents, thereby resulting in the Fourth Department reversing the trial court’s ruling.