Commercial Team: Mortgage Fraud Litigation
542A Realty, LLC v. Zinnanti, et al. This complex commercial/real estate litigation file was dear to the firm where we were retained to save elderly sisters from losing their home and sole asset from a foreclosure action that all arose from fraud. A loss would have devastated our clients. We were on a mission to make sure that would never happen.
Moreover, this case was referred to our office from a colleague who litigated the case for numerous years, and he tapped our firm to take it over for pre-trial motions and trial.
Luigi Brandimarte, Esq.; Mathew Beckwith, Esq. and Christopher DelCioppio, J.D.; did their exceptional part between digesting boxes of files from day one to embarking on a never ending motion practice journey up to prepping and completing a full bench trial with post-trial briefing. In the end, we were victorious and preserved the sanctity of our clients. This feat was impossible without the synchronicity of this litigation team. Great job!!
Vehicle Traffic Law Section 1214 requires the safe exiting of motor vehicles at all times. Bicyclist use the term “Dooring” or “Door Prize” for a traffic collision when they are struck by an opening door. Today our own trial attorney, Nissim Abaev, Esq. requested a jury in Supreme Court: Kings County to give our bicyclist client who received a “Door Prize” an award on top of his “prize” notwithstanding the defense maintaining the door was opened only 3 to 5 inches so the bicyclist struck the door as a result of his own negligence; and, furthermore, plaintiff was not wearing a helmet, and all the diagnostic testing was negative so the bicyclist could not meet the serious injury threshold under New York Law so the case should be dismissed on multiple grounds. However, Nissim “doored” the defendant by striking the defendant with an award of $155,000.00 for our client. Great job!!!
A “hit in the rear accident” is where the front of a motor vehicle crashes into the rear of another motor vehicle. For purposes of determining the cause of the accident, the motor vehicle that struck the motor vehicle in the rear is predominantly found 100% at fault or it will be found mostly at fault ; or, at minimum, some percentage at fault since it failed to maintain a proper distance between the motor vehicles to avoid the accident no matter what the circumstances EXCEPT for the Sacco & Fillas, LLP client who was fully vindicated of any fault by a Supreme Court: Kings County jury today notwithstanding the fact she struck the motor vehicle in the rear. Senior Trial Attorney at Sacco & Fillas, Lamont Rodgers, Esq. obtained the unanimous verdict by the jury who found the defendant 100% at fault; and, in return the full policy of $100,000.00 was tendered. The insurance carrier had this matter marked no pay at all times until Lamont hit this verdict in the rear!!! POW, an Amazing result.
According to MERRIAM-WEBSTER.COM, the definition of a trial lawyer: a lawyer who engages chiefly in the trial of cases before courts of original jurisdiction. According, to Sacco & Fillas the definition of a trial lawyer: is a lawyer who is handed a file at 4:00 p.m. to commence jury selection at 10:00 a.m., (as a result of an emergency), and comes back with a unanimous verdict for $100,000.00 where the client would have been more than happy with $10,000.00 to settle……. that lawyer is no other than Wesley Glass, Esq. Senior Trial Attorney at Sacco & Fillas.
ADVERSE POSSESSION is a method of acquiring title to real property by possession for a statutory period under certain conditions, viz: proof of non-permissive use which is actual, open and notorious, exclusive, adverse, and continuous for the statutory period.
Congratulations to our commercial team for resolving an adverse possession claim after approximately 5 years of litigation where our clients successfully received due compensation for their half interest in a residential home in Astoria notwithstanding the fact that the occupants were in possession since 1983 of the subject property claiming all the above elements were completely satisfied.
RECENT PUBLISHED DECISIONS FROM SUPREME COURT: APPELLATE DIVISION FIRST DEPARTMENT REVERSING SUPREME COURT: BRONX COUNTY AND NEW YORK COUNTY IN BOTH INSTANCES:
Ampofo v. Bryd 2016 NY Slip Op 08023
Gomez v. Davis 2017 NY Slip Op 00090
Great Job by Sacco & Fillas attorneys’ Ying Hua Huang, Esq. and Jeremy Ribakove, Esq. respectively. We are committed not to let any bad Judgment or Order stand against our client. We finish the fight. Thank you Ying Hua and Jeremy for the extra effort and the commitment to our Credo.
Sacco & Fillas thanks three of our personal injury paralegals Mercedes Arias, Laura Munoz and Danielle M. Kuchinskas that displayed great teamwork on recent files. Once a file was marked final for trial they prepped each file to perfection for our attorneys to finalize and execute. As a result of their diligence, on the eve trial, without the cases reaching the trial part, the following matters were resolved: and, we know without the correct prep, trial books, lining up the witnesses, the experts, supplementing pleadings, supplementing discovery exchanges, subpoenas; examining the subpoenaed documents etc……this never would have happened. Excellent!
Policy and excess policy fully tendered to victim of a pedestrian knock down: $2,250,000.00
Policy and excess policy fully tendered to victim of a motor vehicle accident: $1,250,000.00
Notwithstanding damaging video surveillance to laborer injured on a construction site: $1,400,000.00
Notwithstanding Fire Engine responding to emergency to motorcyclist struck by the fire engine: $235,000.00
Supermarket patron falls at entrance of store he attended many times for improper design of the entrance: $650,000.00
Slip and fall on ice for the improper removal of snow: $265,000.00
Slip and fall on ice for failure to repair drain pipe: $750,000.00
Slip and fall from water dripping from ceiling: $295,000.00
Improper set up of equipment fell on claimant: $227,500.00
Improper set up of stairwell at construction site: $222,500.00
Side swipe accident claimant had multiple prior accidents: $325,000.00
Congratulations to Brian Barnwell, former attorney at Sacco & Fillas, Llp on his well-deserved victory to New York State Assembly.