The Law Firm of Joshua Annenberg

         Serving NYC's legal needs with integrity

APPELLATE EXPERIENCE
The Law Firm of Joshua Annenberg is proud to present the following appellate experience:

REPORTED APPELLATE CASES

JOSHUA ANNENBERG, ESQ. AS APPELLATE COUNSEL

Addonisio v. City of New York, 112 A.D.3d 554, 978 N.Y.S.2d 131 (1st Dept. 2013) (action predicated upon Labor Law 241(6), Labor Law 200 and common law negligence; laborer electro-shocked by underground electrical cable as he excavated roadway.  The First Department reversed the lower court’s grant of summary judgment to defendants on the issue of plaintiff’s conduct as the sole proximate of the accident.  Complaint reinstated against defendants City of New York and Con Edison).

Murphy v. Tahoe Dev. Corp., 111 A.D.3d 609, 973 N.Y.S.2d 807 (2d Dept. 2013) (Labor Law 240(1) action, collapsed ladder; affirming lower court’s grant of summary judgment on liability to plaintiff).


Weinberg v. 2345 Ocean Assoc., LLC, 108 A.D.3d 524, 968 N.Y.S.2d 551 (2d Dept. 2013) (reversing summary judgment to defendant in sidewalk action predicated upon New York City Administrative Code § 7-210; Complaint reinstated; defendant failed to sustain its evidentiary burden in moving for summary judgment).
    
Vella v. One Bryant Park, 90 A.D.3d 645, 935 N.Y.S.2d 31 (2d Dept. 2011) (Labor Law 200/common law negligence action; affirming lower court’s denial of defendant’s summary judgment motion; defendant failed to sustain its evidentiary burden in moving for summary judgment).

Belarge v. Kardas, 69 A.D.3d 779, 892 N.Y.S.2d 528 (2d Dept. 2010) (reversing summary judgment to defendant in motor vehicle accident; issue  of scar resulting from motor vehicle accident as serious injury under New York State Insurance Law 5102; Complaint reinstated).

Misicki v. Caradonna, 12 N.Y.3d 511, 882 N.Y.S.2d 375 (2009) (Amicus Curiae Brief drafted by Joshua Annenberg on behalf of New York State Trial Lawyers’ Association and submitted to the New York Court of Appeals in favor of plaintiff-appellant Misicki. Amicus Curiae Brief argued  the Court of Appeals should interpret New York State Industrial Code 23-9.2(a), concerning the inspection, maintenance and repair of power equipment, as a specific positive safety command supportive of a Labor Law 241(6) action.  The Court of Appeals so held and thus reversed the Appellate Division, Second Department, and reinstated Misicki’s action).

LaFurge v. Cohen, 61 A.D.3d 426, 876 N.Y.S.2d 391 (1st Dept. 2009), lv. to appeal den’d 2009 N.Y. LEXIS 3368 (2009).  (Appeal from judgment in medical malpractice; defense verdict resulted from trial court’s preclusion of certain expert witness testimony due to alleged untimely expert disclosure.  First Department affirmed trial court; Court of Appeals denied our motion for leave to appeal).

Laduca v. Levidow, 29 A.D.3d 533, 813 N.Y.S.2d 671 (2d Dept. 2006), rearg. denied (affirming lower court’s restoration of malpractice action and denying motion to reargue by appellants-defendants).

Green v. J&C Lamb Management Corp., Appellate Division, Second Department (2005) (negligence action settled upon submission of Respondent’s Brief by Joshua Annenberg, Esq.; appeal withdrawn).

DeMicco Bros., Inc. v. Consolidated Edison,  8 A.D.3d 99, 779 N.Y.S.2d 10 (1st Dept. 2004) (reversing lower court’s dismissal of prima facie tort action; Complaint reinstated).

Syed v. Normel Construction Corp., 4 A.D.3d 303, 773 N.Y.S.2d 345 (1st Dept. 2004) (affirming $223,000 judgment for plaintiff in breach of contract action).  

Omrami v. Socrates, 227 A.D.2d 459, 642 N.Y.S.2d 932 (2d Dept. 1996) (reversing summary judgment to defendant in motor vehicle action; Complaint reinstated).

Travelers Indemnity Co. v. Balthazar, 224 A.D.2d 303, 638 N.Y.S.2d 36 (1st Dept. 1996) (reversing lower court’s stay of uninsured motorist arbitration; insurance company’s petition to stay untimely pursuant to CPLR 7503).


DEFENDANTS' SUMMARY JUDGMENT MOTIONS DEFEATED BY
  OPPOSITION PAPERS DRAFTED BY JOSHUA ANNENBERG, ESQ.

Achuba v. RYM Stations-Bedford, Inc., Supreme Court, Kings County (slip and fall due to accumulated liquid and chemicals at carwash).

Blake v. Riverbay Corp., Supreme Court, Bronx County (slip and fall due to accumulated water in portico, drainage problem, improper construction of sidewalk bridge; Building Code violation; expert affidavit submitted).

Carpio v. West 34th Street, LLC.
, Supreme Court, Bronx County (slip and fall on sidewalk bridge, Building Code violation, expert affidavits submitted, settled during trial: $275,000).

Conway v. 900 Eighth Avenue Condominium, LLC., Supreme Court, New York County (Labor Law 241(6) and 200; expert affidavit submitted; case settled at jury selection).

Daniel v. R&B Communications, Inc., Supreme Court, New York County (hand laceration on phone booth; negligence in the manufacturing assembly and maintenance of phone booth; expert affidavit submitted, case settled at trial: $230,000).

Delgado v. 61st Street Realty Associates, L.P., Supreme Court, Kings County (trip and fall in apartment building stairway due to depression in stair and the absence of a second bannister as required by Building Code; issue of trivial defect and Building Code violation; expert affidavit submitted; case settled for $240,000 upon submission of opposition papers).

Iles v. Marriottt International, Inc., Supreme Court, Westchester County (slip and fall on accumulation of water on the hotel’s pool deck; negligent design and construction of swimming pool deck; insufficient drainage; expert affidavit submitted).

Irizarry v. MVN Realty, LLC, Supreme Court, Kings County (ceiling collapse in plaintiff’s apartment; issues of fact as to cause/created condition and notice; defendant failed to sustain evidentiary burden in moving for summary judgment).

Soto v. International Concorde Equities, Inc
., Supreme Court, Kings County (Labor Law 240(1) and single-family homeowner exemption; question of fact as to whether defendant corporation utilized condominium primarily for business purposes under the “Site and Purpose Test” developed by the New York Court of Appeals).

Streich v. 246-248 Realty LLC.
, Supreme Court, New York County (trip and fall due to concealed step in dimly lit hall of restaurant; Building code violation; expert affidavit submitted; case settled for $137,000 upon submission of opposition papers).

Thorpe v. Market Diner, Inc., Supreme Court, Queens County (slip and fall on water/ice outside diner; circumstantial evidence diner caused condition by disposing of water on sidewalk).     

TRIAL MEMORANDUM OF LAW & MOTIONS IN LIMINE
DRAFTED BY JOSHUA ANNENBERG, ESQ.

131 & Madison Realty Corp. v. City of New York, Supreme Court, New York County (wrongful demolition of building; cased settled during trial: $350,000).

Bendezu v. Pancas Restaurant, Inc., Supreme Court, Bronx County (plaintiff's verdict: $1,1173,000; fall down restaurant stairs, Building Code violation).

Lozada v. Arco Management Corp., Supreme Court, New York County (trip and fall by elderly woman; issue as to culpable conduct/negligent supervision by adult daughter of elderly plaintiff).

 

 

 

 

 

 

 

 

 

Law Firm of Joshua Annenberg
111 John Street, 8th Floor
New York, NY 10038
Phone: (212) 962-6289
Fax (212) 406-3677
joshua@annenberglaw.com



Notice to the public: Attorney advertising.  Joshua Annenberg, Esq. does not offer any guarantee of case results.  Prior results do not guarantee a similar result.