News

DEFEATED MOTION FOR SUMMARY JUDGMENT – KINGS COUNTY

March 26, 2015

Caballero v. Donald I. Finnerty, et al. 

In a rear-end motor vehicle accident venued in Supreme Court, Kings County, we were able to persuade the Court to deny plaintiff’s motion for summary judgment, which is typically granted as a matter of right in rear-end motor vehicle accidents.  We were able to persuade the Court that there were questions of fact as to whether plaintiff’s car stopped short at a green light.  At the oral argument, when it appeared the Court would grant summary judgment to plaintiff, the attorney from our firm cited to pertinent case law changing the Court’s decision and the proceeding entirely, and had the Second Department decisions available to provide to the Court and his adversary.  Our success prevented plaintiff’s counsel from getting a judgment against the insured.