SACS Carries the Day
Rodriguez v. Palacio, et al., A.D.3d , 2021 NY Slip Op 060000 (2d Dep’t 2021). Our group recently won this major victory on summary judgment and appeal in claims arising out of a headline-grabbing motor vehicle accident involving wrongful death and serious personal injuries. The Second Department affirmed summary judgment for our construction company client, finding that we had carried defendant’s prima facie burden to establish that it had not launched a force or instrument of harm that caused the roadway accident, and that plaintiff, in response, had failed to raise a triable issue of fact. We also prepared the summary judgment papers and secured the key expert opinion that had helped carry the day – this aggression and foresight proved dispositive, giving the client a bulletproof record and the strategic high ground of being a respondent. The decision also validates that defendants can fend off phantom or trumped-up “factual” issues and still prevail, even in relatively plaintiff-friendly courts and even on complex records. As we have been proving for years now, the embedment of appellate counsel during the discovery stage is a no-brainer and cost-effective investment for our clients on multiple levels.