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Dismissal Obtained In Serious Burn Case
Matthew Mazzola obtained a dismissal on behalf of our client in a case that has been involved in protracted litigation for over seven years. In Stevens vs Kenneth Lowe et al. Supreme Court, Kings County Index Number 23016/01 (Justice Davis Schmidt) the plaintiff sustained serious burns over three quarters of his body while performing repairs underneath a parked automobile in a lot. Our client had sold the parking lot where the plaintiff was working six years before the accident occurred but retained a mortgage on the premises. In addition, the purchaser, without our client’s knowledge or permission, continued to make monthly premium payments on the insurance policy which our client initially obtained for the parking lot.
A motion for Summary Judgment which was made by our client’s prior defense counsel was denied. Protracted discovery battles ensued. The cogent arguments Matt raised in his recent motion to dismiss convinced Justice David Schmidt that not only was the plaintiff not entitled to compel depositions from our client who will soon celebrate his One Hundredth birthday in the West Indies, but that a total dismissal of all claims was in fact warranted. Justice Schmidt agreed with Matt that our client had no duty to the plaintiff at the time of the accident and no interest in the property. |
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