RECENT TRIALS Travelers Casualty & Surety Co v. White Plains Public Schools, U.S. District Court, S.D.N.Y., Docket No. 03 Civ 8144, January 25, 2007 See Surety >> Summary: Completing performance bond surety brought affirmative claim against owner, which counterclaimed for delay damages. Verdict:: Decision and order, Hon. Charles L. Brieant, U.S.D.J., after a two week trial, ruled in favor of Travelers, and denied White Plains Public Schools' counterclaim of $7 million. Judgment of approximately $2.7 million was entered in favor of Travelers. Represented: Surety, by Monroe Weiss and Eric Eusanio Rachel King as Administratrix of the Estate of James Ira King, Jr. v. Custom Spraying & Reglazing Co., Inc., Supreme Court of the State of New York, New York County, Index No. 121677/00. Summary: Wrongful Death/Negligence and Labor Law claims regarding Methylene Chloride poisoning and third-party claims for product defect. Represented: Defendant/third-party plaintiff Custom Spraying, by Lambert & Weiss. Demand: $2,300,000. Result: Settlement Prior to Verdict. Amount: $580,000. Villafane Electric Corp. v. Travelers Cas. & Sur. Co., as Administrator for Reliance Ins. Co., U.S. District Court, Southern District of New York, Case Nos. 02 Civ. 2682 (DC) and 03 Civ. 4645 (DC). Summary: subcontractor of RailWorks, Travelers' principal, sought recovery on a payment bond. Initially, Villafane sought $560,000; by the time of trial, the claim had been reduced to $284,285. Verdict: Judge Denny Chin, U.S.D.J., sitting without jury, denied the subcontractor's entire claim against the surety on the grounds that the subcontractor had overstated its claim for work actually performed. Represented: Surety, by Monroe Weiss and Eric Eusanio. Alexander Skylarsky as Administrator of the Estate of Sofia Skylarsky v. New Hope Guild Center, Supreme Court of the State of New York, Kings County, Index No. 12923/01, Verdict Search Vol. XXIII, Issue 13 (September 5, 2005); 25 Verdicts Settlements & Tactics, Thompson (West) No 12, p. 564. Summary: Wrongful Death/Medical Malpractice. Represented: all medical defendants, by Lambert & Weiss. Demand: $1,700,000. Verdict: Defense Charlotte C. Weber v. Daniel Paduano and Nancy Paduano, U.S. District Court, Southern District of New York, Case No.: 02 Civ. 3392 (GEL). Summary: Property Damage/Apartment Fire. Demand: $750,000 (Complaint). Verdict: Defense. Represented: Defendants - downstairs tenants, lead counsel: Monroe Weiss. In the Matter of the Liquidation of First Central Insurance Company (Van Hooven v. 131529 Corporation), Supreme Court of the State of New York, Nassau County, Index No. 002306/98. Summary: Claim for property damage. Represented: Superintendent of Insurance of the State of New York, by Monroe Weiss and Lambert & Weiss. Result: Successor Referee recommended denial of claim on grounds that claimant failed to establish proximate cause. BACK