ABOUT
Salvatore R. Marino
Notable Cases
Real Stories. Real Results.
Maharaj v. Kreidenweis, 214 A.D.3d 717 (App. Div., 2nd Dept, 2023): Successfully represented the plaintiff in an appeal that reversed summary judgment in a premises liability case. The Appellate Division reinstated the action, ruling that the defendants had failed to meet their prima facie burden of proving they were out-of-possession landlords or lacked notice of a dangerous icy condition. This ruling has been cited multiple times in New York case law, clarifying the evidentiary standard for summary judgment in premises liability matters.
Collins v. United States, 996 F.3d 102 (2nd Circuit, 2021): Served as counsel in the underlying Federal Tort Claims Act (“FTCA”) litigation arising from a pedestrian collision involving a United States Postal Service vehicle, including briefing and opposing the government’s jurisdictional motion to dismiss in the district court. The dismissal was reversed by the United States Court of Appeals for the Second Circuit in a landmark decision clarifying that FTCA presentment requires sufficient notice of a claim, rather than evidentiary substantiation, establishing the standard for administrative presentment under the statute.
Byrd v. Hughes, 188 A.D.3d 975 (App. Div., 2nd Dept, 2020): Secured the reversal of a summary judgment on appeal in a consolidated personal injury and wrongful death action arising from a pedestrian accident near a construction site. The Appellate Division found triable issues of fact regarding whether a subcontractor created a dangerous condition, reinstating the claims and related cross-claims.
Doe v. Sutlinger Realty Corp., 96 A.D.3d 898 (App. Div., 2nd Dept, 2012): Represented a plaintiff in a personal injury appeal involving sensitive HIV-related medical information under Public Health Law § 2785. The court considered whether the defendant had a compelling need for disclosure and referred the matter to a special referee to balance privacy rights with litigation needs. The decision was featured in the New York Law Journal and discussed in several issues of the New York State Bar Association Journal for its treatment of privacy, evidentiary, and procedural issues in discovery practice.