McIntosh v. City of New York,275 A.D.2d 307:     After the Supreme Court denied plaintiff’s motion to compel the City to comply with a notice to produce certain records in a case involving its failure to provide a school crossing guard, Mr. DiJoseph was able to obtain a reversal of that order in the Appellate Division, which found the City had not demonstrated the records could not be located and that plaintiff had been prejudiced by the City’s failure to comply with the notice to produce.

Dumbadze v. Schwatt,291 A.D.2d 529:     After having her case dismissed by the trial court, plaintiff was represented on appeal by Mr. DiJoseph, who was able to obtain a reversal of that dismissal and a reinstatement of plaintiff’s claim. As a result, the plaintiff went on to win a verdict on liability and a settlement of $1.1 million during the trial on the issue of damages.

Schacherbauer v. University Associates in Obstetrics & Gynecology, P.C.,56 A.D.3d 751:     In this medical practice case, the defendants appealed an order that denied their motion for summary judgment dismissing the plaintiff’s case. The defendants claimed that they were not responsible for the negligence of the phlebotomist who had caused plaintiff’s injuries during a botched blood test because the technician was not an employee of University Associates. The Appellate Division agreed with Mr. DiJoseph’s argument that the defendants failed to prove that the phlebotomist was not under their control and that she had acted as their agent at the time the negligent act was committed.

Caristo v. Sanzone, 96 N.Y.2d 172:     A verdict for defendant was affirmed by the Appellate Division. Mr. DiJoseph took the appeal to the New York Court of Appeals and convinced that Court that the verdict in favor of defendant was the result of a legal error in the trial court’s instructions to the jury. The Court of Appeals ordered a new trial. The second trial also resulted in a verdict for defendant and that verdict, too, was set aside because of another error. The case settled before a third trial took place.

Walker v. Town of Hempstead,84 N.Y.2d 360:     Plaintiff was injured when he fell due to a defective condition on a Town-owned paddleball court. The case was dismissed by the trail court on the grounds that the prior-written-notice ordinance precluded the claim since there was no such notice to the Town. The Appellate Division reversed the dismissal. On appeal to the Court of Appeals, however, Mr. DiJoseph successfully argued that the Town’s ordinance was unconstitutional and, as a result, the Appellate Division’s order was affirmed and plaintiff’s case was reinstated and settled.

Godoy v. Baisley Lumber Corp.,40 A.D.3d 920:     In this Labor Law case wherein plaintiff fell through an unlatched door on the second floor of a building under renovation to the street level below, plaintiff’s case was dismissed by the trial court on the grounds that it did not come within the protection of the absolute liability provisions of the New York Labor Law. Mr. DiJoseph represented the plaintiff on appeal and was successful in obtaining a reversal of the order dismissing the case. After the complaint was reinstated and the case proceeded, plaintiff settled his claim for $440,000.

Gilbert v. Kingsbrook Jewish Medical Center, Kings County Index No. 20051/96:     In this case, Mr. DiJoseph, acting as appellate counsel for plaintiff, successfully negotiated a settlement of $5.5 million before the appeal by defendants was perfected. The plaintiff, a deliveryman for a milk company and father of four, was injured when his arm was struck by a freight elevator door that came down on his wrist. Plaintiff underwent three surgeries, including a fusion of the wrist, over 150 rehabilitation sessions, dependency on powerful painkillers, and the inability to work at any job requiring physical exertion. He continues to suffer with reflex sympathetic dystrophy (RSD) an extremely painful nerve injury.