Legal Writing

Our trial attorneys, Kelly Kline and Emily Lawrence, recently achieved a significant post-trial victory when the Supreme Court granted their motion to vacate a $1 million wrongful death award. The Court agreed the verdict form contained a fundamental legal error that allowed the jury to award damages twice for the same element of loss. In… Read More…

MOSC attorney Bridget Schultz successfully defended an appeal before the Appellate Division, Third Department, which was filed by an individual who commenced a boundary dispute/trespass lawsuit against our clients. The crux of plaintiff’s complaint claimed that she owned a portion of our client’s land. The trial court originally dismissed plaintiff’s complaint, which she appealed. Oral… Read More…

MOSC recently secured summary judgment and dismissal of an action against a cardiologist and a local cardiology group. Plaintiff had alleged the cardiology defendants were negligent in allowing a liver biopsy to be performed soon after plaintiff was taken off of blood thinners. In support of their motion, we submitted proof, including expert Affidavits, demonstrating… Read More…

In this case, the underlying issue related to an incident in a school “common area” where one student suddenly assaulted another. Rob Rausch was previously successful, in both Supreme Court and the Appellate Division, in demonstrating that the incident could not reasonably have been anticipated or prevented. Plaintiff then moved for leave to appeal to… Read More…

Partner Kelly Monroe represented a New York hospital in a medical negligence action alleging inappropriate psychiatric crisis evaluation and discharge. Monroe’s focus on the facts, as well as his ability to communicate effectively with all parties involved, played a key role in driving the mediation toward a successful outcome. The hospital reached a favorable resolution… Read More…

In this matter, the plaintiff, who was employed by a debris removal company, walked onto an apartment fire escape to throw furniture over the railing and into a truck below. As he walked onto the fire escape, he stepped through the opening for the fire escape ladder, and fell several stories to the ground below…. Read More…

In this wrongful death case, plaintiff claimed that defendant was negligent in failing to look behind her for approaching vehicle before turning left and that defendant had the last clear change to avoid the accident. Rosy moved for summary judgment and dismissal, arguing that the Defendant was not negligent in the operation of her vehicle,… Read More…

In this case, the plaintiff claimed injuries following a fall on property owned by a gas company. The defendant-tenant leased part of the property from the gas company. Both gas company and the tenant moved for summary judgment to dismiss the amended complaint, and the Supreme Court granted their motions. The plaintiff appealed the Decision…. Read More…

Rob Rausch was recently successful in moving for summary judgment and dismissal in claim involving a fall in a laundromat. Although plaintiff had argued that there was a tripping hazard, defendants argued that the condition was not defective and was “open and obvious”, and that the sole cause of the accident was plaintiff’s own inattentiveness. … Read More…

Rob Rausch was recently successful in obtaining a dismissal of a case involving an alleged injury on plaintiff’s property. Plaintiff had claimed that defendant had either startled or intentionally pushed him, causing him to fall to the ground and injure his wrist. Following discovery and depositions, defendant moved to dismiss the case, and argued that… Read More…