Summer 2018 E-Newsletter


Firm Welcomes Jennifer J. Maldonado as a New Associate
Jennifer J. Maldonado has joined the firm as an Associate. She will serve in the firm’s Medical Malpractice Department. Prior to joining the firm, Ms. Maldonado worked for a respected medical malpractice defense firm in Manhattan.

Ms. Maldonado also served as an Assistant District Attorney with the Bronx County District Attorney’s Office.






Montfort, Healy, McGuire & Salley Wins Motion for Summary Judgment on Appeal
Michael A. Baranowicz, Donald S. Neumann, Jr., and Christopher T. Cafaro were successful in arguing the Supreme Court of Suffolk County’s decision to grant summary judgment in their favor should be affirmed in a personal injury manner. The case was brought by an individual who was riding his motorcycle on Montauk Highway when he was allegedly struck in the chest by a wire that had come loose from a utility pole.


Montfort, Healy Successfully Obtains Motion for Summary Judgment
Susan H. Dempsey, an associate with the firm, successfully obtained a motion for summary judgment in a personal injury matter. The plaintiff in the case alleged that, following a February 2014 automobile accident, he suffered serious injuries as defined by Insurance Law § 5102(d).


Court Dismisses Claim Against Hospital and Physician’s Assistant
Montfort, Healy Senior Partner Michael J. Boranian recently obtained a defendant’s verdict in a medical malpractice case that was tried in Nassau County Supreme Court on behalf of a local medical center and two individual plastic surgeons who were accused of alleged improper performance of surgical repair after a chain saw accident.




Court of Appeals Rules Plaintiff Can Be Granted Partial Summary Judgment, Regardless of Own Liability
On April 3, 2018, the New York Court of Appeals ruled that, in accordance with the CPLR, a plaintiff need not “demonstrate the absence of his comparative negligence to be entitled to partial summary judgment as to a defendant’s liability.” In the case of Rodriguez v. The City of New York, the Court of Appeals answered a question which the Court admitted “perplexed courts for some time.”


IG: Husband and Wife Fraudulently Collected Workers’ Compensation Benefits After Smashing Customer’s Car
The owner of a window tinting business in Rockland County, New York, and his wife were arrested for allegedly defrauding the state Workers’ Compensation system after his wife took out a customer’s car on a joyride, getting into an accident, then claiming the crash happened while she was working.


Court of Appeals Rules: Specific Contract Language Governs Reinsurance Liability Cap
The issue that has recently plagued the insurance world is the question of whether New York State law requires in its insurance contracts a rule of construction or presumption regarding the contract’s liability limitations and caps on the reinsurance available to cover defense costs. In a recent Court of Appeals decision in New York, it was found that, for reinsurance contracts, the standard rules of contracts apply.


Facebook Posts Can Serve as Important Information in Head Injury Case
The New York State Court of Appeals recently ruled that information from an injury victim’s private Facebook account can be treated as information used in a legal action and, as such, the victim may have to offer that information to the opposing party in court. On June 20, 2011, the plaintiff was riding a horse at a Long Island park when a strap attached to the stirrup on the saddle broke off, causing her to lose her balance and fall off the animal.



MONTFORT, HEALY, MCGUIRE & SALLEY LLP
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