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            $475,000.00 settlement before trial.


$475,000.00 dollars recovered for a victim of a rear-end motor vehicle collision involving a tractor-trailer. The plaintiff sustained injuries to his back in the accident.

            Settlement before trial: $100,000.00


$100,000.00 dollar settlement obtained for a pedestrian that was knocked down by a mini school bus. The defendants claimed that there was no contact between the bus and the plaintiff and that if contact did occur it was solely the plaintiff's fault because she improperly crossed in the middle of the block from between two stopped vehicles. Notwithstanding the defendant's position, R&R was able to obtain a $100,000.00 settlement on behalf of the plaintiff.


            Arbitration Award: $72,500.000

$72,500.00 dollars awarded in an arbitration stemming from a two-car accident that occurred in midtown Manhattan. The plaintiff sustained a knee injury as a result of the accident. The defendant argued that the accident was the plaintiff's fault for failing to avoid the defendant's turning vehicle. The defendant's also argued that plaintiff was not injured in the accident; that the plaintiff's knee condition was "degenerative" in nature (in other words, that it was not caused as a result of the accident); and that the minimal amount of medical treatment undergone by the plaintiff demonstrated that his injuries were insignificant. R&R represented the plaintiff and presented evidence proving that the defendant was responsible for the accident and demonstrating the serious nature of the injuries sustained by the plaintiff. The arbitrator agreed with the plaintiff and awarded him $72,500.00

            Arbitration Award: $100,000.00

$100,000.00 dollars awarded in an arbitration stemming from a two-car accident. The plaintiff, who was a passenger in the vehicle, sustained a knee injury as a result of the accident. The defendant's insurance company argued that the knee condition was not related to the accident and that the plaintiff was not entitled to compensation for his injury. During the arbitration, R&R proved the meritorious nature of the plaintiff's claim and secured a total award of $100,000.00 (the entire insurance coverage available) on behalf of the plaintiff.

            Settlement: $125,000.00


$125,000.00 dollar settlement obtained by Rosenberg & Rodriguez for a passenger of a car that went out of control and crashed on a highway in the State of Maryland. The plaintiff sustained a fractured leg in the accident. The defendant's attorneys argued that the accident was not the defendant's fault because the crash was caused by an unexpected blown tire. R&R was able to demonstrate that the defendant had failed to properly maintain the vehicle and that he was speeding prior to the accident. The defendant's insurance company ultimately settled and tendered its entire policy.

            Recent Settlement: $100,000.00


$100,000.00 dollar settlement obtained for an elderly lady who tripped and fell on a raised portion of a city sidewalk and sustained a fractured wrist. The City of New York denied liability and payment based on their claim that the City had not received prior complaints of the broken sidewalk. The City, relying on a notation in the plaintiff's hospital records, claimed that the plaintiff fell because she "slipped" on ice and not because she tripped on the broken sidewalk. Notwithstanding the City's position, R&R continued with the case and ultimately secured a $100,000.00 settlement on behalf of the plaintiff.

            Quarter Million Dollar Verdict


$250,000.00 jury verdict, after a three day trial, for a middle-aged woman who was struck by a car as she crossed the street and sustained a fractured arm and back injuries. The defendant's attorneys and insurance company claimed that our client was partially at fault for the accident, that her injuries were minor and that she had made a full recovery. Our attorneys refused to accept the $35,000.00 settlement offered by the defendant's insurance company and proceeded to trial where we proved that the accident was 100% the defendant's fault and that her injuries were substantial. The Brooklyn Jury saw the case our way and awarded our client $250,000.00 for her injuries.

            Recent Settlement: $220,000.00


$220,000.00 dollar settlement obtained for a man who was struck in the head with debris from a collapsing ceiling. The plaintiff, a security guard, was at his job site when the ceiling in the building's office partially collapsed striking him in the head and shoulders. The defendants initially denied causing or having any reason to know of the condition of the ceiling. The defendants also denied the severity of the plaintiff's injuries. Our investigation revealed that there had been an on-going leak in the building that weakened the ceiling and that the defendant owners were aware of the condition. Our findings resulted in a settlement of $220,000.00 for our client.

            Settlement: $225,000.00


$225,000.00 dollar settlement obtained by Rosenberg & Rodriguez for a woman who tripped and fell on a raised portion of a city sidewalk and sustained a fractured non-dominant wrist. The City of New York denied liability and payment on this case for several years based on their claim that the City had not received any prior written complaints of the broken sidewalk as required by law for a municipality to be responsible. Our attorneys would not take "no" for an answer and conducted a thorough investigation that included interviewing neighbors and reviewing the archives maintained by the Department of Transportation and other city agencies. We ultimately discovered that an elderly man had fallen and injured himself on that same defect approximately a year before our client's accident and that the City was in fact aware of the broken sidewalk. After being confronted with the evidence we discovered, the City of New York was forced to settle the case shortly before trial.

            Settlement: $281,000.00


$281,000.00 dollar settlement obtained by Rosenberg & Rodriguez for a retired 71-year-old man who fell down a flight of interior stairs while visiting family and sustained a head injury. Although the defendant's insurance company initially refused to pay due to the fact that our client was severely intoxicated, our thorough investigation and knowledge of medicine provided us with evidence that allowed us to demonstrate that the stairs were defective and that the defect contributed to our client's accident, thereby forcing the insurance company to settle the case for $281,000.00 out of the available $300,000.00 insurance coverage.

            Win in the Appellate DivisionCastillo v. Collado, 302760/08


Rosenberg & Rodriguez successfully argued before the Appellate Division of the First Department on behalf of Plaintiff Wilson Castillo a victim of a motor vehicle accident. The defendants had made a motion to dismiss Mr. Castillo's case before the Bronx County Supreme Court arguing that Mr. Castillo had failed to sustain a "serious injury" as that term is defined by the Insurance Law of the State of New York. The defendants contended that Mr. Castillo's knee injury was pre-existing and was not caused by the accident involving the defendants' vehicle. R&R opposed the defendants' motion and demonstrated that sufficient evidence existed to allow the case to proceed to trial, thereby defeating defendants' motion to dismiss. The defendants appealed the decision to the Appellate Division of the First Department of the State of New York. R&R partner Ivan J. Rodriguez argued the appeal on behalf of the firm and was able to defeat the defendants' request to overturn the lower court's decision. The case is on-going and the trial is expected to take place later this year in the Bronx County Supreme Court.

            Denial of health insurance benefits reversed
Rodriguez v. United Health Corporation, Fair Hearing # 5916974P


Rosenberg & Rodriguez represented a patient in a dispute with United Health Care Insurance Co. (UHC) stemming from UHC's denial of health insurance benefits. The patient was scheduled to undergo a surgical procedure and the patient's physician requested approval of a 2 - 3 day hospital stay following the surgery. UHC, while approving insurance coverage of the surgery, denied the physician's request for the in-patient hospital stay. UHC argued that the procedure was ambulatory and that an in-patient stay was unnecessary. R&R, on behalf of the patient, appealed the decision. During a recent administrative hearing, R&R provided medical studies and other evidence to successfully demonstrate that the in-patient stay was appropriate and necessary. The administrative judge agreed with R&R's position and the denial of coverage was reversed.

            Successful dismissal of consumer transaction action
Richard Pu v IAR Apple Optical - NY Civ. Ct., Index # 057407/08


Rosenberg & Rodriguez successfully defended an optical store in a consumer transaction lawsuit. This unusual case arose out of the sale of a pair of custom-made designer eyeglasses. The plaintiff, a suspended attorney, alleged that IAR Apple Optical was engaged in wide-scale consumer fraud because it allegedly failed to honor a lowest price guaranty offered to all of its customers. The plaintiff sued for fraud, breach of contract, deceptive business practices and defamation. After several years of contentious litigation, R&R was able to obtain the dismissal of the entire lawsuit.

            Successful defense of motion to dismiss
Richmond County Supreme Court, Index # 100099/09


Rosenberg & Rodriguez, representing an injured plaintiff, successfully defeated the defendants' motion to dismiss the plaintiff's case. The defendants made a motion before the Richmond County Supreme Court to dismiss the plaintiff's case arguing that she had failed to sustain a "serious injury" as that term is defined by the NYS Insurance Law. The defendants contended that the plaintiff's injury were minor and had fully resolved thereby warranting dismissal of her personal injury lawsuit.
R&R opposed the defendants' motion and demonstrated that sufficient evidence existed to allow the case to proceed to trial, thereby defeating defendants' motion to dismiss. The case is on going and the trial is expected for later this year in the Richmond County Supreme Court.

            Summary judgment granted in fatal motor vehicle accident
New York County Supreme Court, Index # 104843/08


Rosenberg & Rodriguez successfully moved for summary judgment on the issue of liability and for the dismissal of the defendants' liability related affirmative defenses. This personal injury and wrongful death case stems from a two-car accident that resulted in the tragic death of two year-old child who was a passenger in one of the involved vehicles. The child's mother, also a passenger, sustained psychological and emotional injuries from witnessing the death of her child. The defendants claimed that they were not responsible for either the child's death or the mother's resulting psychological injuries because the mother allegedly failed to restrain the child with a seatbelt or in a car seat. The defendants also moved to have the mother's claims dismissed based on her alleged failure to sustain a "serious injury" pursuant to the NYS Insurance Law. R&R moved to have the defendants' liability defenses dismissed and opposed the defendants' motion to dismiss the mother's case. R&R succeeded in having all of the defendant's liability defenses dismissed by convincing the New York County Supreme Court that, under the current law, a passenger has no duty to restrain another passenger in a motor vehicle and cannot be held accountable for failing to do so. R&R also successfully obtained summary judgment on the issue of liability. Finally, R&R successfully opposed the defendants' motion to dismiss the mother's case by demonstrating that there is significant evidence of the "serious" nature of her psychological injuries. The case is scheduled for trial in early spring of 2012.

*** Prior Results in a case cannot guaranty a similar result in your case ***


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40 Fulton Street, 23rd floor
New York, NY, 10038 USA
(516) 442-7310
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