Case Results

Successful Defense of Motion To Dismiss

Jose A. Rodriguez v. Jose Batista, Bx. Sup. Ct., Index #: 22187/15

Congratulations to Ivan J. Rodriguez for successfully defending the defendants’ motion to dismiss the plaintiff’s case. Rosenberg & Rodriguez represents the plaintiff in this personal injury case stemming from a motor vehicle accident. The defendants recently made a motion to dismiss the plaintiff’s case arguing that the plaintiff had not sustained a serious injury and that the plaintiff’s complaints are the result of a prior accident that the plaintiff had been involved in.

Rosenberg & Rodriguez 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 to take place in 2019 in the Bronx County Supreme Court.