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.