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Ivan Gomez v. Kitchen & Bath by Linda Burkhardt, Inc., et al.

The Second Department appellate court affirmed the trial court’s grant of summary judgment to the injured painter who fell from a defective ladder that collapsed, and rejected the defense’s attempt to use contrary notations in the hospital record as to how the accident happened since the statements were not attributable to plaintiff and not germane to diagnosis or treatment. This is an evidentiary rule that comes up all the time in personal injury cases in New York. Since that hearsay evidence was all the defendant had, it was not enough to prevent the worker from winning.

More Than $500 million In Verdicts & Settlements For Our Clients

The Perecman Firm, P.L.L.C.'s team of NYC personal injury attorneys have recovered more than $500 million in verdicts and settlements for their clients. We understand the financial and emotional toll a serious accident can have on your life. That’s why we dedicate ourselves to maximizing your recovery and securing what you deserve.

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  • $40,000,000*
    Medical malpractice. Child's brain damage.
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    Construction worker fell from a ladder, jury verdict.
    $9,825,000***
    Construction worker/ laborer fell from the scaffold, jury verdict.
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