Appellate court upholds trial court’s dismissal of a 2004 lead paint action based upon ASLG’s arguments of lack of jurisdiction and plaintiff’s failure to timely substitute the decedent’s estate. Hayden v. Brown, 230 AD3d 657 (2nd Dept. 2024).

ASLG obtains defense verdict in Queens Supreme Court, in a slip and fall case after the jury deliberated for only 40 minutes after a 6-week trial.  Having command of the facts and evidence, and through rigorous cross-examination, ASLG was able to successfully demonstrate that plaintiff ‘s claims that the floor was wet and slippery was contradicted by the evidence, notwithstanding plaintiff’s conspiracy theory because of a nine-minute gap in surveillance video. Demand was $375, 000.00. No offer made.

ASLG successfully opposes plaintiff’s eve of trial motion in limine seeking to strike defendant’s pleadings claiming spoliation of evidence of nine-minute gap in surveillance video and to have the trial judge include negative inference charge. ASLG successfully demonstrated to the court that the gap was neither material nor necessary to plaintiff’s case and that the claim that the gap would demonstrate actual and/or constructive notice was speculative, warranting denial.  Liberti v. Resorts World Casino, 2024 NY Misc. Lexis 207298. (June 2024).

Court Grants summary judgment to ASLG’s motion to dismiss plaintiff’s action against Board of Managers for property damages to condominium unit resulting from leaking roof, based upon business judgment rule after submitting Board president’s affidavit attesting that he relied on the advice of its retained expert engineers and architects to determine source of leaks and remedy problem, and their respective inspection reports. The Court held that the Board demonstrated entitlement to dismissal as a matter of law based upon “business judgment rule” that insulates corporate directors from lawsuits when they make decisions in good faith. NB following dismissal ASLG was successful in its counter suit against plaintiff and recovered six figure settlement for unpaid common charges, assessments, late charges and interest.

Court grants ASLG’s motion directing plaintiff to supplement bill of particulars and state to whom and when notice was given, strike over inclusive language, as well as definitely state what rules, regulations etc. plaintiff alleges were violated.  All too often defense counsel ignore and permit plaintiff’s improper bill of particulars to go unchallenged. The use of over inclusive language and failure to comply with New York statute regarding bills of particulars allows runs the risk of trial counsel having to play clean-up at trial. At ASLG, trial preparation starts with the pleadings and bill of particulars and throughout the discovery process, in order to achieve the best outcome for our clients.  Okula-Polak v. Genting NY Llc., (June 2022 NY Misc Lexis 21204.

ASLG secures withdrawal of action on behalf of homeowners by tenants alleging exposure to gas from leaking stove, immediately following depositions and without costly motion practice or trial.

Superior Court of Connecticut, Bridgeport grants ASLG’s motion for summary judgment on behalf of pump manufacturer for lack of product identification.

ASLG secures withdrawal of action on behalf of client immediately following plaintiff’s deposition claiming exposure to benzene and without producing client for deposition or need for costly motion practice or trial.

The Appellate Division, 1st Dept. upholds trial court’s decision that granted ASLG’s motion to dismiss based upon insufficient pleadings, that ultimately led to plaintiff voluntarily withdrawing its action in its entirety.   Aspen  Am. Ins., Co. v. Kodukula, 139 AD3d 545 (1st Dept. 2016). 

In an environmental claim, ASLG successfully obtained full dismissal for a client who performed clean-up services of tear gas in a residential home in Albany NY.   After being granted summary judgment based upon the holding in Parker v. Mobile Oil, 16 AD3d 648 (2nd Dept. 2005), the Appellate Division 3rd Dept., in a unanimous decision, upheld the trial court’s decision, stating that defendants were entitled to summary judgment on plaintiffs' claims, because defendants demonstrated lack of specific causation relative to plaintiff's alleged post-remediation exposure to tear gas and lack of causation as to alleged exposure to cleaning agents. Kendall v Amica Mut. Ins. Co., et al., 135 AD3d 1202 [3rd Dept. 2016] .

ASLG secures judgment of dismissal in class action suit involving over 40 plaintiffs, after demonstrating that the action had no basis in law or in fact warranting dismissal. 

ASLG secures dismissal on behalf of owner of strip mall, against claims of a business employee alleging exposure to carbon monoxide and other “toxic fumes” from roofing work being performed.  Through the use of our expert toxicologist, ASLG was granted summary judgment, and relying on the analysis outlined in Parker v. Mobil Oil Corp., 7 NY3d 434, (2006), ASLG demonstrated that there was no evidence that plaintiff suffered any exposure, and there lacks any scientific support for the claimed injuries resulting from such alleged exposure.

Court grants ASLG motion for summary judgment and dismisses plaintiff’s action based upon exposure to chemical Lustran®. Our team of experts established that there was no objective evidence that exposure to the chemical causes types of symptoms complained and that it in fact did cause plaintiff’s claimed injuries. Plaintiff’s expert affidavits in opposition were unsubstantiated and speculative and failed to raise a triable issue of fact. 

ASLG obtained dismissal on behalf of a manufacturer of formalin bottles, of an action brought by plaintiff seeking damages for personal injuries claiming that the bottles were defective causing exposure to formaldehyde.  Supreme Court, Kings County granted ASLG’s motion to dismiss the complaint based upon spoliation of evidence, the subject bottles. 

Westchester court grants ASLG summary judgment dismissing homeowner in a lead paint exposure claim after demonstrating that the elements outlined in Chapman v. Silber, 97 N.Y.2d 9 (2001) necessary to make a prima facie case were not present. 

ASLG obtains defense verdict in lead paint action against a church running daycare program on the premises. While there existed lead paint and the infant plaintiff had elevated lead levels, ASLG successfully argued that the defendant church did not have any knowledge of the presence of lead resulting in unanimous verdict for the defendant church.

ASLG secures dismissal on behalf of HVAC contractor who installed roof top units in a strip mall that serviced a beauty salon, against claims of carbon monoxide and mold exposure in a class action lawsuit, with most serious injuries being encephalopathy and brain damage.  After three years of discovery, ASLG secured voluntary dismissal without having to move for summary judgment and no contribution by our client to settlement by co-defendants. We were successful in convincing opposing counsel that our summary judgment would be granted based upon lack of causation after determining that there were complaints of poor air quality long before our client’s involvement.

Supreme Court of New York, Albany County, grants ASLG summary judgment dismissing plaintiff’s action against client in its entirety, finding lack of proof evidencing exposure to CS tear gas.   Kendall v. Amica Mut. Ins. Co., 44 Misc. 3d 1201(A) (Albany County 2014).

ASLG obtains dismissal for sewer and septic operator in action for property damage who plaintiffs claimed caused flooding in their basement in connection with their work on city streets unclogging city sewers following a “nor’ easter”. ASLG successfully argued that its operator was not negligent and that they could not have known that there existed additional blockages downstream of the invert in front of plaintiffs’ home. The court adopted ASLG’s arguments and rejected plaintiff’s claim that the doctrine of res ipsa loquitor applied, finding that flooding can and often occurs without negligence.

ASLG secures discontinuance on behalf of business lease for a theatre in Brooklyn, NY.  Plaintiffs, who alleged injuries from exposure to carbon monoxide and other dangerous gases from idling vehicles, withdrew their action without motion practice or trial when it was shown that the client, while the lease was still in effect, had vacated the subject premises five months prior.

With the help of our team of qualified medical experts, ASLG successfully demonstrated that the plaintiff’s personal injuries from exposure to mold, were all pre-existing, and the statute of limitations had run, resulting in the Court’s dismissal of plaintiff’s action.

Court grants ASLG’s motion and dismisses plaintiff’s action claiming injuries from bedbugs. 

ASLG secures withdrawal of action in Waterbury Superior Court on behalf of roofing contractor sued for negligent installation of large condominium roof that subsequently leaked. Plaintiff withdrew action, prior to defendant depositions and without motion practice upon ASLG’s early investigation that included retention of roofing experts that determined 3rd party responsible for roof damage. 

ASLG secures withdrawal on behalf of condominium of plaintiff’s action claiming property damage in connection with a leaking underground storage tank removal after determining that that tank was removed and contained with no migration of product.

ASLG secures withdrawal of plaintiff’s action, owner of condominium unit, who claimed damages from a leaking air conditioner resulting in “black mold”.  The condo association and managing agent brought an apportionment action against our client, owner of the upstairs unit, where it was believed was the source of the leak. Through vigorous cross examination, we secured favorable testimony from the condo’s employee, who testified that after opening up the ceiling he discovered  that the water damage was not caused by the upstairs condominium air conditioning unit but was caused by the pipe in the ceiling.  We further confirmed that there was no water damage above the pipe, and the only damage was below the pipe, which was leaking and in disrepair. The case settled with zero contribution from our client.

ASLG secures withdrawal of action on behalf of client immediately following plaintiff’s deposition claiming exposure to benzene and without producing client for deposition or need for costly motion practice or trial.

ASLG secures withdrawal of action on behalf of the pool contractor claimed to have been negligent in the maintenance of hot tub at a water park resulting in personal injuries to plaintiff including cellulitis, blood poisoning, skin lesions and of course mental anguish. With proper preparation and being armed with news articles, the plaintiff immediately withdrew her action against our client, after questioning plaintiff regarding her pleading guilty to embezzlement of her kid's PTA funds.   

ASLG obtains summary judgment for cooperative board of managers in a mold claim after successfully locking in plaintiff’s deposition testimony revealing lack of either actual or constructive notice. 

ASLG obtains dismissal of action on behalf of gas station operator, whom plaintiff alleged overfilled a propane tank, that subsequently ignited while plaintiff was grilling during a church event in Bridgeport CT, suffering severe burns to her face and leg.  ASLG moved for dismissal sanctions for spoliation and destruction of the subject tank preventing the defense from conducting testing. 

ASLG obtains dismissal on behalf of manufacturer of barrier cream prior to the application of hair relaxer that plaintiffs alleged to have caused burns of scalp and face of the nine-year old the forehead and face resulting in keloid scarring of the face.  With the aid of our team of experts, and deposition testimony, it was shown that the injuries were a result of the use of the relaxer and not from the barrier cream resulting in the Court granting ASLG’s motion for summary judgment.