Dean G. Aronin

Obtained dismissal in New York Supreme Court, Westchester County. Dean represented a distributor of a medical product. An individual sued various medical facilities and physicians for medical malpractice alleging that the treatment fell below the standard of care. A rehabilitation facility filed a third-party complaint against the distributor seeking common law indemnification and contribution. The rehabilitation facility claimed that the distributor distributed a recalled product that contained bacteria that contributed to the individual’s injuries. Prior to the deposition of his client, Dean filed a motion for summary judgment dismissing the third-party complaint based on an affidavit from the distributor attesting to the fact that it did not distribute the recalled product to the injured party. After the motion was fully briefed, the Court granted Dean’s motion for summary judgment dismissing the distributor from the case. The Court determined that there was no admissible evidence that the distributor distributed the recalled product to the individual.

Obtained partial summary judgment in New York Supreme Court, Queens County. The plaintiff, superintendent, fell from a ladder while scraping the walls of an interior rooftop. The plaintiff brought New York Labor Law 240 and 241 claims against the owner of the building. Dean represented the owner of the building. The plaintiff filed a motion for summary judgment granting the plaintiff's New York Labor Law 240 claim based on the owner's failure to provide adequate safety devices. Dean filed a cross-motion for summary judgment dismissing the plaintiff's New York Labor Law 241 claim. Dean retained a professional engineer to establish that there were no Industrial Code or Labor Law 241 violations. The Court granted Dean's motion for summary judgment dismissing the plaintiff's New York Labor Law 241 claim based on the professional engineer's affidavit. The Court denied the plaintiff's motion based on the issue of fact as to whether the plaintiff was assigned the task of scraping, plastering or painting the walls

Obtained summary judgment in Supreme Court, Bronx County. The plaintiff, resident of an apartment, stepped on an alleged nail in her living room while renovations were being performed in her apartment. The plaintiff brought a premises liability suit against the owner, the managing agent, the general contractor and various subcontractors. Dean represented the electrical subcontractor. Dean filed a motion for summary judgment dismissing the plaintiff's complaint and the general contractor's third-party complaint. The Court granted Dean's motion for summary judgment because the plaintiff failed to meet her prima facie burden of negligence. The Court found that Dean established that the subcontractor was not in the apartment on the date of the incident and did not utilize nails to perform their work. The Court also dismissed the general contractor's claim for indemnification because the work did not arise from the work of the subcontractor.

Obtained summary judgment in New York State Supreme Court, Rockland County. The plaintiff brought a premises liability claim against the developer, the condominium and the town. Dean represented a developer of a condominium complex. The plaintiff tripped and fell on a sidewalk in the complex. Dean filed a motion for summary judgment dismissing the plaintiff's complaint prior to the developer's deposition. The Court granted Dean's motion because Dean established that the developer did not own, occupy or have a special use of the premises on the date of incident. The Court also found that the Plaintiff and the Co-Defendants failed to raise triable issues of fact as to the creation of the condition.

New York Appellate Term, Second Department affirmed an order from the District Court of Suffolk County. The case involved a plaintiff medical provider seeking to recover assigned first-party no-fault benefits against a defendant insurance company. Dean represented the insurance company and filed a motion for summary judgment dismissing the complaint on the ground that the action was premature. The District Court of Suffolk County granted Dean's  motion. The medical provider appealed that order from the District Court to the Second Department. The Second Department affirmed the District Court's order because the action in the District Court was premature. The medical provider failed to show that it provided the insurance company with all the requested verification items, which were in plaintiff's possession. The Second Department found that the 30 day period requiring the Defendant to pay or deny the claim did not run.

Obtained summary judgment dismissing his client who was sued in a dog bite case venued in New Jersey Superior Court, Middlesex County. Dean represented a dog rescue company. Plaintiff was bit by a pit-bull mix that was adopted by Co-Defendant from the rescue company. The Co-Defendant adopted the dog from the rescue company approximately two weeks prior to the dog bite. Dean moved for summary judgment arguing that the dog rescue company owed no duty to the Plaintiff because it was no longer the owner on the date of the incident. Plaintiff argued that the dog rescue company were co-owners of the dog even after the dog was adopted and that the rescue company had alleged notice of the dangerous propensities of the dog. On Reply, Dean argued that there was no notice of the dangerous propensities of the dog and that the adopter had sole possession and control of the dog after the adoption. After oral argument, the Court granted Dean’s motion for summary judgment finding that the dog rescue company did not owe any duties to Plaintiffs.