Leav & Steinberg, LLP attorney Edward Averbuch obtains $1,000,000 judgment for client at inquest. On February 9, 2014, our client was walking along 45th Street in Brooklyn when he slipped and fell on ice on the sidewalk. As a result of the slip and fall he seriously injured his right shoulder. Shortly after the incident, our client began a course of physical therapy. After several months of intensive therapy with little to no improvement, our client’s physicians recommended surgical intervention. He underwent arthroscopic surgery which is a surgery performed through several small incisions at the surgery site. Typically a tiny camera will be inserted through one incision and tiny tools will be inserted through two or more other incisions for the surgeon to perform the procedure. Thereafter, our client began another course of physical therapy, again with little to no improvement. At that point our client underwent manipulation under anesthesia, which is a procedure where the patient is anesthetized, and the doctor forces the shoulder to move in ways which cause the capsule and scar tissue to stretch or tear. After a third round of physical therapy, still with little to no improvement, he was recommended to undergo an arthroplasty which is total replacement of the ball and socket of the shoulder. Typically, the ball is replaced with a metal ball with a stem which pressed to fit into the inside of the humerus (upper arm bone) and the socket is resurfaced with a high-density polyethylene. Our client underwent a 4th round of physical therapy until his doctors advised him that he reached maximum medial improvement.
Leav & Steinberg filed suit on behalf of our client and the defendants defaulted, which means they did not answer the lawsuit. Thereafter an inquest hearing was held for the court to determine a reasonable award for the pain and suffering our client has gone through and will continue to go through as a result of his injuries. At the hearing, Mr. Averbuch presented proof of our client’s injuries and our client testified about his injuries and how this incident has affected him. At the conclusion of Mr. Averbuch’s presentation, the Honorable Lawrence Knipel entered an award of $1,000,000 on our client’s behalf.
The issues to be aware of:
- Under New York City Administrative Code 7-210 the owner of real property is responsible for maintenance of the sidewalk abutting their property. There are certain exceptions to this general rule, such as one-, two- or three-family residential property that is in whole or in part owner occupied and used exclusively for residential purposes.
- While a default judgment entitles the prevailing plaintiff to money damages, it can often be difficult to collect on these judgments. Leav & Steinberg, LLP thoroughly investigates defendants subject to default judgment has gone after defendants funds through use of the Sheriff’s Office and putting liens on the property owners’ property.
Leav & Steinberg and their attorneys have represented thousands of clients involving sidewalk defects within New York City and are prepared to these handle claims against the City of New York and private landowners. Even when a property owner tries to evade responsibility, Leav & Steinberg aggressively seeks out all avenues of recovery for collection. Unlike firms who find out there is no insurance coverage, Leav & Steinberg fights for all – and never stops.
