Recent Results



In the past 60 years Finkelstein & Partners has consistently obtained thousands of successful verdicts and settlements. The recoveries for our clients are among the highest in the State and our results speak for themselves. Finkelstein & Partners lawyers are Super Lawyers and several are members of the exclusive Multi-Million Dollar Advocates Forum. While we have established our reputation as the law firm to retain for the seriously injured, your satisfaction is our primary goal. 

Now in our seventh decade of providing superior personal client services, we remain dedicated as ever to fighting and winning the money you deserve from insurance companies and holding responsible parties accountable, while preserving your dignity and privacy. 

Please read on for a selection of recent cases of note.*
 

Andrew G. Finkelstein, managing partner,  and firm partner Kenneth Fromson, obtained a settlement of $12,750,000 for our injured client on the day the jury was to be selected. Our client, a 49 year old truck driver for a retail auto supply store, sustained broken bones in both feet when he stepped off an unprotected edge and fell 10 feet to the warehouse floor while making a delivery. 

As a result of the store being built into the side of a hill, the warehouse, at the rear of the store, is located 10 feet below grade. When making deliveries trucks park against the delivery dock door and the drivers utilize a vertical lift to access the warehouse floor 10 feet below. The elevator-like lift has a safety gate that may only be opened at delivery dock level in order to protect workers from falling. Tragically, the store is known to disable and even remove the safety gate to speed up deliveries - as was the case when our client stepped off the unprotected edge when neither the lift nor the protective safety gate were in place at loading dock level. 

"Workers have the right to expect a safe work environment," said Finkelstein. "Unfortunately, when that right is violated and conditions are unsafe people get hurt and their lives can be changed forever. When that happens, we strive to hold employers accountable and fight for the rights of our clients." 

The resulting broken bones from the fall to the warehouse floor required surgery. Following surgery, the worker developed gangrene in one foot which ultimately required an amputation below the knee. Today he uses a prosthetic device and faces additional surgery on his surviving foot. 

"Our client did not expect to have his life permanently altered by an unsafe work place when he went to work that day," said Fromson. "We helped him navigate the complex legal system and held the auto supply store accountable when they failed to uphold a safe work place for all employees." 

The retailer settled for $12,750,000 at jury selection, avoiding taking the case to court. 

A construction contractor ordered a dumpster for industrial waste during renovations of a Newburgh commercial building, but the garbage company left the dumpster in the public street without cones or warning signs. There were no lights on the road and the dumpster didn’t have any reflectors or markings. The night the dumpster was delivered, our client was on his motorcycle on his way to work at the post office mail sorting plant. He was following a car when, without warning, the car swerved to avoid the dumpster. The motorcyclist also swerved to the left, but his right ankle clipped a metal piece sticking out of the base of the dumpster. Our client suffered a significant broken leg that required two surgeries to repair. Fortunately, he was ultimately able to return to his job at the post office. We sued the garbage company for leaving an unmarked dumpster on an unlit public road. The simple truth is this would never have happened if the dumpster was left on the private property next to the construction site. Ultimately the insurance company agreed to settle for $1,500,000. The case was handled by partners Andrew Finkelstein and Elyssa Fried.

A seven year old boy was playing in his driveway as a commercial landscaper mowed his lawn. Suddenly, the mower ran over a baseball on the lawn which became a projectile that struck the child in the head and fractured his skull. The boy required extensive surgery to repair the skull damage and suffered damage to his motor skills in his leg as well as cognitive problems.

Our claim involved the defective design of the commercial lawn mower, which allowed the operator to raise and lower the guard without ever leaving the seat. Our engineering expert indicated that this design violated the standards in the industry for commercial mower safety and the defective design was the direct cause of the injury to the boy. Finkelstein & Partners also claimed that the landscaper failed to police the lawn for objects before mowing. The case was settled at mediation which will pay the child the total certain amount of $4,087,077.00 over the course of his life. The case was handled by Managing Partner Andrew Finkelstein and Senior Trial Partner George Levy.

Commercial property owners must make sure all workers on their property are protected from falling objects during construction or demolition.   During demolition of a warehouse in Fishkill, in Dutchess County, the warehouse owner did not require the appropriate safety device be used when removing steel beams weighing 600 pounds.  As a result, one of the beams fell off a forklift and struck our client in the knee.   Our 54-year-old client was a laborer and the beam broke his leg.  He required two surgeries.  Partner Elyssa Fried De-Rosa conducted an immediate investigation and was able to secure critical evidence to support the claim.  Senior Trial Partner George Levy aggressively presented the case which was ultimately settled at a mediation for $1,150,000.

When a 65 year old Dutchess County resident was driving in Connecticut he never thought he would end up in a Danbury Connecticut hospital for 3 weeks. Unfortunately that is what happened after a lone drunk driver crossed over a double yellow line and struck him head on. Our client nearly died and required multiple surgeries for several broken bones. The drunk driver did die in the crash. We attempted to recreate where the drunk driver had come from so we can hold the server of the alcohol responsible. Unfortunately, there was no digital foot print left by the drunk driver as he did not have a cell phone. No bar within a 25 mile radius had any credit card receipts for him. It remains a mystery where the drunk driver was before the crash. Our client wanted to put this behind him and accepted the full amount of insurance available ($1,250,000) on the car that struck him. The case was settled by our Connecticut lawyer, Ken Bartlett.

When the father of a 13 year old boy agreed to let him go on vacation with his son’s friend’s family to Dale Hollow Lake in Tennessee he thought he would be properly supervised.  Unfortunately, the resort they were staying at allowed the families to rent jet ski’s without showing them safety training videos and did not require riders to sign disclosures limiting riders to appropriate ages.   The parents who were in charge let 3 kids under the age of 13 to ride jet ski’s unsupervised.   That’s when one of the children lost control of her jet ski and ran into our 13 year old client, causing very serious injuries.  Because we felt the resort was partially responsible, we brought a law suit in Picket County, Tennessee, where we sued the supervising parents and the resort.   Just before jury selection the insurance companies agreed to settle the case for a total of $1,317,000.  After we placed the settlement on the record in open court, the presiding judge told us this was the largest settlement that has ever occurred in Picket County.  This case was handled by trial attorney Brian Acard and managing attorney David Gross.

This was an unusual dog bite case where the ownership of the animal was in dispute. After being found unfit as adopters by a local Humane Society, the Defendants prevailed upon their employee, Plaintiff’s mother, to adopt the dog for them. The agency felt these older Defendants were physically incapable of managing the large, active dog but Defendants nonetheless took the animal into their home as a pet. When their physical infirmities worsened, Defendants asked Plaintiff’s mother to care for the dog temporarily, which she agreed to do. It was during this temporary custody that our 12 year old client was bitten in the face, causing terrible tearing injuries. She has suffered significant disfigurement which will require long term therapy as well as future plastic surgery to try to revise her scars. This case went to trial and a jury determined the defendants to be liable for the dog’s actions. Ther personal injury team responsible for handling this case included  George Kohl, Andy Spitz, Edward StevesKenneth Fromson and Managing Partner Andrew Finkelstein.

Our client, a New Paltz woman, underwent surgery to repair muscle damage that occurred during the birth of her second child. She subsequently developed an abscess and underwent four surgeries to drain the infection. A jury determined that the defendants failed to meet the required standard of care by failing to properly treat an infection. If the infection had been properly diagnosed her injuries would have been completely reversible. This case was handled with co-counsel.

A $1,200,000 settlement was reached for the Estate of our client, who was killed by malfunctioning machinery at his job. A 37 year old Guyanese immigrant who took the steps to become an American citizen, he was working at a mattress factory even though he was eligible for unemployment after being laid off from his previous employment. In fact, he would have made more money on unemployment, but chose to work instead to be a role model for his children. He was working with a machine that wraps mattresses in plastic. The plastic jammed, and our client shut off his machine and went underneath to release the plastic. The machine malfunctioned and started up again. It pulled him into the machinery, crushing him. This case settled at Mediation by attorneys George Levy and  Elyssa Fried-DeRosa.

General contractors and property owners have the absolute responsibility to protect workers from falls of heights. New York Labor Law Section 240 requires it. When our client, a roofer, was not provided a tie off or appropriate scaffolding that would have protected him from falling from the roof he was working on, he fell to the ground and was killed. After starting a suit and conducting depositions, the Judge agreed the general contractor and property owner failed to provide the very safety device that would have prevented our client's death. The case was settled for $2,300,000 by Managing Partner Andrew Finkelstein and Trial Partner Kenneth Fromson.

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