CG&P has secured the dismissal of a high exposure legal malpractice claim against a Manhattan law firm and its partners. CG&P’s clients represented a dental practice and its principals in connection with the negotiation of an agreement with a management firm related to the development of a mobile dental practice. The dental practice was later found to have violated Medicaid regulations and was held liable for $15,677,556.61. The liability was based on the dental practice’s association with a principal of the management firm, and it brought a claim against its attorneys (CG&P’s clients), alleging that the attorneys caused the liability by failing to perform due diligence and failing to advise plaintiffs as to Medicaid regulations. CG&P was successful in overcoming a continuous representation argument and having the claim dismissed based on the statute of limitations. The claims against CG&P’s clients were dismissed in their entirety by Justice Golia of the Supreme Court, Queens County. The case was handled by CG&P partner Gary Petropoulos.
CG&P has secured the dismissal of a medical malpractice and wrongful death action brought against a registered nurse in the Supreme Court, Richmond County. The plaintiffs’ decedent was a 9 year old boy with autism, allergies and life-threatening asthma who suffered a respiratory distress event while attending the co-defendant school in New Jersey. CG&P’s client was a nurse assigned to accompany the child during school hours so that she could care for his asthma and other medical needs. Plaintiffs alleged that CG&P’s client failed to properly supervise the child and prevent him from being exposed to an unknown allergen. Plaintiffs also alleged that the nurse failed to properly treat emergency anaphylaxis. After the trial court denied summary judgment to the nurse, CG&P appealed to the Appellate Division, Second Department, and obtained a reversal. The Appellate Division agreed with CG&P’s argument that the nurse could not be liable for failing to supervise a child in the custody of the co-defendant school or failing to prevent exposure to an unknown, undetermined allergen. The Second Department also agreed with CG&P’s argument that its client acted appropriately in response to the respiratory distress. The case was handled by CG&P Partner James P. Connors who was assisted on the brief by Associate William Schleifer. The case was featured on the front page of The New York Law Journal on September 23, 2013 and is reported under Begley v. City of New York et. al at 2013 N.Y. Slip Op. 05867.
CG&P has secured a defense verdict on behalf of a machine rental company in a products liability action. The plaintiff, a landscape foreman, alleged that the company rented him a defective stump grinder that caused the amputation of his hand. The case was tried by CG&P partner, James P. Connors. The verdict, returned on May 14, 2012, followed a 2-week trial. Jennosa v. Advantage Rental, NY Supreme Court, Suffolk County, Arlen Spinner, J. A post-trial motion was successfully defended to preserve the defense verdict.