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.*
 

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.

After litigating a Bronx car crash case against Con Ed for three years and not getting any offers, a Manhattan personal injury firm asked Andrew Finkelstein to help at trial.  The NYC lawyers were concerned because Con Ed conducted surveillance of the client, who had shoulder and spine surgery, showing her walking across the street and grocery shopping.   Several focus groups were conducted and explained how the surveillance did not show the client was exaggerating her injuries at all.  Our client's injuries happened when a Con Ed truck turned left in front of our client's car on East Tremont Avenue in the Bronx.  Trial Partner Michael Feldman told Con Ed we were prepared for trial and the case settled just before jury selection for $2,000,000.
 

Building owners and general contractors must provide safe places for sub-contractors to work – even when it is on a roof. A major corporation in Fishkill, NY hired a general contractor to do renovations to several of it’s buildings, including the flat roof. There was a snow and ice storm overnight and the flat roof was very slippery. Since the job was already shut down a few days earlier because of dangerous work conditions, the general contractor had to meet their deadline and chose to send workers on the roof without even salting or shoveling the roof. As our client walked across the roof he slipped on the ice and severely broke his wrist. After four surgeries, including a fusion to the wrist, our client was finally able to return to work. The case settled before a Columbia County jury heard the case for $1,250,000 by Trial Partner George Levy.

Pages