Personal Injury & Civil Cases
January, 2010
Rockland County Legislator restored to his Seat after hearing in Supreme Court Westchester, County
Benjamin Ostrer obtained reversal of a Rockland County Board of Elections determination which cancelled the voter registration of Rockland County Legislator Jacques Michel. The action of the Board of Elections would have disqualified Michel from his Legislative Seat. The hearing before Hon. Gerald E. Loehr, J.S.C. was conducted in Westchester County after four Rockland County Judges recused themselves. Michel had initially been barred from his seat during November, 2009 budget hearings but was restored pending the January hearing.
October 1, 2009
$350,000.00 settlement for a 37 year old woman injured in a collision with Newburgh Police Car
Tracey D. v. City of Newburgh Orange County Supreme Court #.7260-2006
Obtained a settlement of $350,000.00 for a young woman who was injured as the result of the reckless operation of a Police car while responding to a call. The case had been declined by two well respected Hudson Valley firms in light of immunity accorded emergency responders. Rosenwasser was able to show that the Police Officer failed to employ warning lights or other reasonable precautions before backing down a city street at high speed. The settlement was reached after the City of Newburghs motion to dismiss on the immunity grounds was denied by Acting Supreme Court Judge Robert Onofrey.
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January 25, 2009
$785,000.00 settlement for victims of collision at Bronx intersection
W.E. v. Fernandez; Bronx Supreme Court Index # 22995-2003
Otained a settlement of $785,000.00 in an action commenced in Bronx County just prior to trial for an Orange County couple who were injured in an intersection collision. The original offer to settle the case was $200,000.00. After readying the case for trial the defendants significantly increased their offer to settle.
November 13, 2008
Jury Awards $550,000.00 for rear end collision
P.W. & S.W. v. Kind et. al., Index # 5850-2007
Obtained an Orange County Jury verdict in favor of a 68 year old man for injuries sustained in a automobile accident which resulted in damage the plaintiff's neck and spine. The defendants had offered $150,000.00 to settle prior to the trial before Hon. Elaine Slobod.
October 24, 2008
$600,000.00 settlement for fall from ladder
J. S. v. Windsor et. al., Index # 4871-2007
Obtained a settlement of $600,000.00 for a former professional football player injured in a fall from a ladder while at work. The Plaintiff has since returned to work.
October 21, 2008
Title to Farm awarded to Plaintiff after trial
L.H. v. Fuentes; Index # 3762-2006
Ben Ostrer obtained a verdict in Supreme Court Orange County awarding title to an Orange County farm to L. H denying claims of equitable title and constructive trust asserted by an long term intimate social and business associate.
