CKBBLAW - Counselors and Attorneys at Law

5 CKBB Partners Honored as “Super Lawyers”

Callan, Koster, Brady & Brennan, LLP takes great pleasure in announcing that Paul F. Callan, Warren S. Koster, Bruce M. Brady, Vincent A. Nagler and Scott W. Bermack have been selected as New York Super Lawyers for 2008. Super Lawyers is a prestigious listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Attorneys are selected through a rigorous system of balloting, peer evaluation and internal research. The distinction of being named a New York Super Lawyer is reserved for the top five percent of New York lawyers.

Favorable Trial Result – Supermarket Liability

In May 2008, Vincent A. Nagler successfully defended a national supermarket in a three week damages trial in NY (State) Supreme Court, Richmond County. The plaintiff claimed she sustained a traumatic brain injury after being struck in the head with a twenty pound box of frozen carrots. The jury agreed with the defense that plaintiff's conceded cognitive limitations were due to her preexisting multiple sclerosis rather then the head trauma.

Stuart Bernstein elevated to Partner.

January 2008 - Callan, Koster, Brady & Brennan, LLP is pleased to announce that Stuart Bernstein, formerly an associate with the firm, has been elevated to Partner. Mr. Bernstein will continue to practice in the areas of medical malpractice defense, premises liability, and insurance defense.

Nursing Home Malpractice Case Dismissed.

On October 5, 2007, Scott W. Bermack obtained a dismissal of all claims made against a prominent Manhattan Internist accused of malpractice by the family of a 79 year old stroke victim who developed decubitus ulcers and died of osteomyelitis. Following a three week jury trial, during which we successfully established that our client's care of the seriously ill patient was exemplary, all causes of action were dismissed with prejudice.

Tower Crane Failure - Indemnification granted

In June 2007, Scott W. Bermack obtained summary judgment on behalf of the developer and general contractor of a Midtown Manhattan luxury apartment building. Plaintiff, an employee of the concrete subcontractor, was seriously injured when the crane's bucket dropped uncontrollably, causing him to be struck by falling construction materials. Summary judgment had been granted against our clients under Labor Law Section 240 and we pursued a products liability claim against the lessor of the tower crane, successfully arguing that because they provided a defective tower crane, they were required to indemnify our clients for the full amount of any judgment.

Medical Malpractice Defense Verdict

In March 2007, Vincent A. Nagler defended a neck surgeon accused of improperly performing a tracheotomy on his patient. The plaintiff suffered from a thyroid goiter . A temporary tracheotomy was performed during the removal of the goiter. The plaintiff argued that the surgeon had cut into her thyroid and cricoid cartilage during the surgery, permanently damaging her trachea and causing the resulting permanancy of the tracheotomy. The plaintiff alleged that as a result of the malpractice she would have to live the rest of her life with a permanent tracheotomy tube in place. On behalf of the surgeon, we argued that the tracheotomy was irreversible due to unanticipated scarring and the plaintiff's attendant health problems. After a four week trial in Kings County the jury returned a verdict in favor of our client.

Premise Liability Defense Verdict

In February 2007, Vincent A. Nagler successfully defended a hardware store against a claim of negligence. In the case, tried before a Manhattan jury, the plaintiff alleged that he fell into the store's basement through a sidewalk trap door that was left open and unprotected and suffered a fractured calcaneous. By way of defense, we acknowledged the door was left open to allow deliveries, but argued it was an open and obvious condition. The jury determined that the store was negligent, however it still found for the store, holding that the negligence was not the substantial factor in causing the plaintiff's injury.

Mold Exposure Case Dismissed Before Trial

In December of 2006, Adam E. Deutsch won a summaryjudgment motion, obtaining a dismissal of all claims on behalf of a major New York City real estate owner and developer on a claim brought by a tenant who alleged that a flood in her apartment caused property damage andmold which led to severe respiratory problems.

June 2006, Callan, Koster, Brady & Brennan, LLP is pleased to anounce that Scott W. Bermack has been appointed to the New York State Bar Association Committee on Civil Practice Law and Rules.