Published New York Appellate Decisions
NEW YORK APPELLATE ADVOCACY
Published New York Appellate Decisions
EXPERIENCE BEYOND THE TRIAL COURT
Appellate Advocacy Requires Detailed Preparation
An appeal is different from a trial-level personal injury case. The appellate court generally reviews the existing record, the parties’ legal arguments, the applicable statutes and prior decisions, and whether the lower court correctly applied the law.
Effective appellate advocacy requires a close examination of deposition testimony, affidavits, exhibits, motion papers, procedural history and controlling legal authority. It also requires explaining complicated facts and legal standards clearly and persuasively to a panel of appellate judges.
Vincent’s published appellate matters demonstrate experience addressing complex liability questions and advocating for injured plaintiffs at an advanced stage of litigation.
FAVORABLE PUBLISHED APPELLATE DECISION
Flournoy v Marcy Residence, LLC
Citation
202 A.D.3d 931 (2d Dept. 2022)
Vincent C. Loiodice, Esq. successfully argued on behalf of the injured plaintiff in this published snow-and-ice premises-liability appeal.
The plaintiff alleged that she slipped on an isolated patch of ice and that the property owner’s snow-removal efforts created or worsened the dangerous condition. The property owner sought summary judgment dismissing the claim.
The Appellate Division, Second Department affirmed the denial of the property owner’s motion. The court concluded that the owner had not established that its snow-and-ice removal efforts did not create or exacerbate the icy condition. It also found that the owner had not established that the ice resulted from a single storm occurring the day before the accident.
Why This Decision Matters
Snow-and-ice claims can depend on much more than whether precipitation occurred. Relevant evidence may include the precise condition of the sidewalk, snow-removal practices, maintenance records, weather history, photographs, witness testimony, prior complaints and the timing of any salting, shoveling or plowing.
The decision has since been cited by the Second Department when discussing a defendant’s burden concerning voluntary snow-removal efforts.
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Vincent C. Loiodice, Esq. represents injured people throughout New York and provides direct, personal attention from the initial consultation through settlement, litigation or appeal.
Champagne v Lonero Transit, Inc.
162 A.D.3d 632 (2d Dept. 2018)
Vincent C. Loiodice, Esq. argued on behalf of the plaintiff family in this published appeal involving an alleged assault on a seven-year-old special-education student while the child was being transported on a school bus.
The case addressed the duty of a school and school-bus operator to supervise students and the degree of prior knowledge or notice required when a child is injured through the actions of other students.
The Appellate Division ultimately reversed the lower court and dismissed the complaint. The court concluded that the defendants had established that they lacked sufficiently specific prior knowledge or notice of dangerous conduct by the students involved.
What The Decision Shows About School-Injury Claims
The decision illustrates why evidence of prior notice can be critical in negligent-supervision cases involving student conduct. The investigation may need to examine:
- Prior disciplinary incidents
- Bullying or assault complaints
- Reports made by parents or students
- Teacher, aide and driver observations
- Transportation plans
- Seating assignments
- Bus-camera footage
- School and bus-company communications
- Earlier similar behavior
A school injury does not automatically establish negligence. The available evidence must show what the responsible adults knew or should have known and whether reasonable protective measures could have prevented the incident.
Vincent C. Loiodice, Esq.
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The Law Office of Vincent C. Loiodice represents injured people throughout New York, including clients in Staten Island, Brooklyn, Queens, Manhattan, the Bronx, Long Island and surrounding communities.
With offices in Staten Island and Elmont, the firm offers in-person, telephone, and video consultations. When a serious injury makes travel difficult, other meeting arrangements may be available.