575 Underhill Boulevard, Suite 112
Syosset, NY 11791
Phone: (516) 922-6626
Fax: (516) 922-2797

After a series of comprehensive and lengthy mediations, Frank A. Polacco entered into a multi-million dollar structured settlement involving a Labor Law §240 action pending in the Supreme Court Suffolk County wherein the plaintiff sustained an organic brain injury. Our share of the settlement on behalf of the general contractor was ten (10%) percent of the total with the bulk of the settlement monies being the responsibility of the plaintiff's employer.

In addition, Frank A. Polacco, after engaging in extensive discovery with a plaintiff who claimed violations of Labor Law §§200, 240 and 241(6) in a fall from a chair while repairing a light in a locker room, was able to obtain a dismissal of that action from Justice Kitzes of the Supreme Court Queens County on the grounds that the plaintiff was not entitled to the protections of the applicable Labor Law sections and, in fact, a fall from a chair did not constitute the failure of an elevation-related device.

Jeffrey S. Shein recently obtained the dismissal of an action brought on behalf of an infant-plaintiff against a School District for negligent supervision. The Supreme Court Nassau County, in citing well-established case precedent, indicated that the School District must have the requisite notice of the dangerous behavior or propensities of a student who injures a fellow student and that a school is not the insurer of the safety of its students without such notice for it cannot reasonably be expected to continually supervise and control all of its students' movements and activities. The infant-plaintiff was shot in the eye with a rubber band during a lunch period.

Jeffrey S.Shein recently obtained the dismissal of an action wherein an employee of a general contractor who was involved in a final inspection of punch list items fell from a wall which he climbed upon so as to examine the manner in which decorative stone caps were affixed thereto. Justice Doyle of the Supreme Court Suffolk County found that not only were there no violations of the applicable Labor Law sections but that the plaintiff was engaged in inspection activities rather than in any of the enumerated activities set forth in the statute and, as such, he was not entitled to statutory liability over and against the owner of the property where the construction project was taking place.

Elliot Skydel recently utilized a surveillance video of a plaintiff during a damages only trial in the Supreme Court Bronx County to achieve a desirable settlement. The video depicted the plaintiff engaged in gardening activities at her home which activities were wholly inconsistent with her claimed neck and back injuries.