Preview
FILED: SARATOGA COUNTY CLERK 07/18/2023 09:35 AM INDEX NO. 20183085
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 07/18/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF SARATOGA
CHRISTINE VANLEW,
Plaintiff, NOTICE OF ENTRY
-against- Index No.: 20183085
RJI No.: 45-1-2019-0699E
PARKWOOD PLAZA II, LLC and CLAD REALTY, Hon. James E. Walsh
LLC,
Defendants.
PARKWOOD PLAZA II, LLC
Third-Party
Plaintiff,
-against-
CORRI, INC.,
Third-Party
Defendant,
PARKWOOD PLAZA II, LLC,
Fourth-Party
Plaintiff,
-against
DES, INC.,
Third-Party
Defendant.
PLEASE TAKE NOTICE that the within is a true copy of the Decision and Order
of the Hon. James E. Walsh, dated July 14, 2023, entered in the office of the clerk of
the within named court on July 14, 2023.
Dated: July 18, 2023
Albany, New York
By: Christ her P. Mey
SMITH DOMINELLI & GUETTI LLC
Attorneys for Plaintiff
1031 Watervliet Shaker Road, Ste 201
Albany, New York 12205
(518) 250-4888
cmeyer@sdqlawfirm.com
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NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 07/18/2023
TO: Clad Realty, LLC
4 Aston Way
Beverly, Massachusetts 01915
Clad Realty, LLC
1162 Haines Road
Pennsylvania 17402
Shawn T. Nash, Esq.
Law Office of M. Randolph Belkin
Attorneys for Parkwood Plaza II, LLC
26 Century Hill Drive, Suite 202
Latham, New York 12210
Mark J. Dolan, Esq.
O'Connor, O'Connor, Bresee & First, P.C.
Attorneys for Cori, Inc. and Des, Inc.
20 Corporate Woods Blvd.
Albany, New York 12211
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NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 07/18/2023
FILED SARATOGA COUNTY INDEX NO. 20183085
: CLERK :
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 07/14/2023
SUPREME COURT
STATE OF NEW YORK COUNTY OF SARATOGA
................................-....--.................................................................
CHRISTINE VANLEW,
Plaintiff, DECISION and ORDER
RJI # 45-1-2019-0699E
-against- Index #20183085
PARKWOOD PLAZA II, LLC and
CLAD REALTY, LLC,
Defendants.
--......................................................................................................
PARKWOOD PLAZA II, LLC,
Third-Party Plaintiff,
-against-
CORRI, INC.,
Third-Party Defendant.
---------...............-------......................................-----------............
PARKWOOD PLAZA II, LLC,
Fourth-Party Plaintiff,
-against-
DES, INC.,
Fourth-Party Defendant.
--------......-.................---........................----........................----...........
APPEARANCES
Christopher P. Meyer, Esq.
Smith Dominelli Guetti, LLC
Attorneys for Plaintiff
1031 Watervliet Shake Road, Suite 201
Albany, New York 12205
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FILED: SARATOGA COUNTY CLERK 07/18/2023 09:35 AM INDEX NO. 20183085
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 07/18/2023
FILED : SARATOGA COUNTY CLERK INDEX NO. 20183085
:
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 07/14/2023
Shawn T. Nash, Esq.
Law Office of M. Randolph Belkin
Attorneys for Defendant/Third-Party Plaintiff/Fourth-Party Plaintiff
26 Century HiH Drive, Suite 202
Latham, New York 12110
Mark J. Dolan,Esq.
O'Connor, O'Connor, Bresee & First, P.C.
Attorneys for Third-Party Defendant and Fourth-Party Defendant
20 Corporate Woods Boulevard
Albany, New York 12211
WALSH, J
On July 31, 2019, the Court granted default judgment to Plaintiff against
Defendant Clad LLC and conducted an inquest on April 2023.1 Defendant
Realty, 11,
Clad Realty, LLC did not appear or participate in the hearing. Plaintiff, now a 58-
year-old woman, testified regarding her injuries following a fall through a wooden
Dunkin'
stair at her employment at Donuts in Clifton Park, New York.
Plaintiff presented testimonial and photographic evidence regarding the
nature of the injury, stiH displaying a scar and which required multiple surgeries in
which permanent hardware was installed to repair torn ligament and tendon damage
to Plaintiff s ankle. Of note, Plaintiff testified that she has not returned to work since
the injury and can no longer hike or traverse soft ground, as her ankle cannot support
her without rolling and causing even more significant pain. Plaintiff further testified
that the injury to her ankle has deprived her of a fair amount of enjoyment in her life,
from which even efforts at physical therapy have not helped to restore a full range of
motion or full use of her left foot and ankle, more than six years after the injury.
2
By Stipulation filed on June 6, 2022, the action againstco-Defendant Parkwood Plaza II, LLC, as well as the resultant
Third-Party Complaint and Fourth-Party Complaint were discontinued.
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FILED: SARATOGA COUNTY CLERK 07/18/2023 09:35 AM INDEX NO. 20183085
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 07/18/2023
FILED: SARATOGA COUNTY INDEX NO. 20183085
CLERK :
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 07/14/2023
Workers'
Fortunately, Plaintiffs medical bills have been paid by Compensation,
which lien has been settled as part of the resolution of this action.
Having viewed the testimony of Plaintiff and having reviewed the
documentary and photographic evidence presented, the Court finds the witness to be
credible and credits her testimony, as well as crediting the documentary evidence
introduced. In support of the motion, Plaintiff has also submitted a series of similar
resultant settlements or verdicts involving ankle and foot injuries, with damages
ranging from $300,000 to $1,000,000. While several of the cases involve foot injuries
suffered in motor vehicle accidents and none are perfectly analogous to the case at
bar, they are instructive regarding the value placed on the type of injury sustained
here. Here, the remaining Defendant/Third-Party Plaintiff/Fourth-Party Plaintiff
Parkwood Plaza II, Third-Party Defendant Corri Inc. and Fourth Party Defendant
DES Inc. have settled with Plaintiff for a combined amount of $250,000.00.
In view of the evidence presented, the Court hereby issued a Judgment in favor
of Plaintiff and against Defendant CLAD REALTY, LLC in the amount of
$200,000.00, which is to compensate Plaintiff in the amount of $100,000.00 for her
past pain and suffering and $100,000.00 for her future pain and suffering, with said
total of $200,000.00 being in addition to the settlement attained with the remaining
Defendants in this action. This Decision shall constitute the Order of the Court. The
Court is hereby uploading the original Decision and Order into the NYSCEF system
for filing and entry by the County Clerk. Plaintiffs counsel is still responsible for
serving notice of entry of this Decision and Order in accordance with the Local
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FILED: SARATOGA COUNTY CLERK 07/18/2023 09:35 AM INDEX NO. 20183085
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 07/18/2023
INDEX NO. 20183085
FILED : SARATOGA COUNTY CLERK :
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 07/14/2023
Protocols for Electronic Filing for Saratoga County and Plaintiff is directed to submit
a Proposed Judgment, if desired.
Dated: July 23
Ballston Spa, New York
ALSH, J.S.C.
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FILED: SARATOGA COUNTY CLERK 07/18/2023 09:35 AM INDEX NO. 20183085 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 07/18/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF SARATOGA CHRISTINE VANLEW, Plaintiff, NOTICE OF ENTRY -against- Index No.: 20183085 RJI No.: 45-1-2019-0699E PARKWOOD PLAZA II, LLC and CLAD REALTY, Hon. James E. Walsh LLC, Defendants. PARKWOOD PLAZA II, LLC Third-Party Plaintiff, -against- CORRI, INC., Third-Party Defendant, PARKWOOD PLAZA II, LLC, Fourth-Party Plaintiff, -against DES, INC., Third-Party Defendant. PLEASE TAKE NOTICE that the within is a true copy of the Decision and Order of the Hon. James E. Walsh, dated July 14, 2023, entered in the office of the clerk of the within named court on July 14, 2023. Dated: July 18, 2023 Albany, New York By: Christ her P. Mey SMITH DOMINELLI & GUETTI LLC Attorneys for Plaintiff 1031 Watervliet Shaker Road, Ste 201 Albany, New York 12205 (518) 250-4888 cmeyer@sdqlawfirm.com 1 1 of 6 FILED: SARATOGA COUNTY CLERK 07/18/2023 09:35 AM INDEX NO. 20183085 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 07/18/2023 TO: Clad Realty, LLC 4 Aston Way Beverly, Massachusetts 01915 Clad Realty, LLC 1162 Haines Road Pennsylvania 17402 Shawn T. Nash, Esq. Law Office of M. Randolph Belkin Attorneys for Parkwood Plaza II, LLC 26 Century Hill Drive, Suite 202 Latham, New York 12210 Mark J. Dolan, Esq. O'Connor, O'Connor, Bresee & First, P.C. Attorneys for Cori, Inc. and Des, Inc. 20 Corporate Woods Blvd. Albany, New York 12211 2 2 of 6 FILED: SARATOGA COUNTY CLERK 07/18/2023 09:35 AM INDEX NO. 20183085 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 07/18/2023 FILED SARATOGA COUNTY INDEX NO. 20183085 : CLERK : NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 07/14/2023 SUPREME COURT STATE OF NEW YORK COUNTY OF SARATOGA ................................-....--................................................................. CHRISTINE VANLEW, Plaintiff, DECISION and ORDER RJI # 45-1-2019-0699E -against- Index #20183085 PARKWOOD PLAZA II, LLC and CLAD REALTY, LLC, Defendants. --...................................................................................................... PARKWOOD PLAZA II, LLC, Third-Party Plaintiff, -against- CORRI, INC., Third-Party Defendant. ---------...............-------......................................-----------............ PARKWOOD PLAZA II, LLC, Fourth-Party Plaintiff, -against- DES, INC., Fourth-Party Defendant. --------......-.................---........................----........................----........... APPEARANCES Christopher P. Meyer, Esq. Smith Dominelli Guetti, LLC Attorneys for Plaintiff 1031 Watervliet Shake Road, Suite 201 Albany, New York 12205 Page 1 of 4 31 of of 6 4 FILED: SARATOGA COUNTY CLERK 07/18/2023 09:35 AM INDEX NO. 20183085 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 07/18/2023 FILED : SARATOGA COUNTY CLERK INDEX NO. 20183085 : NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 07/14/2023 Shawn T. Nash, Esq. Law Office of M. Randolph Belkin Attorneys for Defendant/Third-Party Plaintiff/Fourth-Party Plaintiff 26 Century HiH Drive, Suite 202 Latham, New York 12110 Mark J. Dolan,Esq. O'Connor, O'Connor, Bresee & First, P.C. Attorneys for Third-Party Defendant and Fourth-Party Defendant 20 Corporate Woods Boulevard Albany, New York 12211 WALSH, J On July 31, 2019, the Court granted default judgment to Plaintiff against Defendant Clad LLC and conducted an inquest on April 2023.1 Defendant Realty, 11, Clad Realty, LLC did not appear or participate in the hearing. Plaintiff, now a 58- year-old woman, testified regarding her injuries following a fall through a wooden Dunkin' stair at her employment at Donuts in Clifton Park, New York. Plaintiff presented testimonial and photographic evidence regarding the nature of the injury, stiH displaying a scar and which required multiple surgeries in which permanent hardware was installed to repair torn ligament and tendon damage to Plaintiff s ankle. Of note, Plaintiff testified that she has not returned to work since the injury and can no longer hike or traverse soft ground, as her ankle cannot support her without rolling and causing even more significant pain. Plaintiff further testified that the injury to her ankle has deprived her of a fair amount of enjoyment in her life, from which even efforts at physical therapy have not helped to restore a full range of motion or full use of her left foot and ankle, more than six years after the injury. 2 By Stipulation filed on June 6, 2022, the action againstco-Defendant Parkwood Plaza II, LLC, as well as the resultant Third-Party Complaint and Fourth-Party Complaint were discontinued. Page 2 of 4 42 of of 6 4 FILED: SARATOGA COUNTY CLERK 07/18/2023 09:35 AM INDEX NO. 20183085 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 07/18/2023 FILED: SARATOGA COUNTY INDEX NO. 20183085 CLERK : NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 07/14/2023 Workers' Fortunately, Plaintiffs medical bills have been paid by Compensation, which lien has been settled as part of the resolution of this action. Having viewed the testimony of Plaintiff and having reviewed the documentary and photographic evidence presented, the Court finds the witness to be credible and credits her testimony, as well as crediting the documentary evidence introduced. In support of the motion, Plaintiff has also submitted a series of similar resultant settlements or verdicts involving ankle and foot injuries, with damages ranging from $300,000 to $1,000,000. While several of the cases involve foot injuries suffered in motor vehicle accidents and none are perfectly analogous to the case at bar, they are instructive regarding the value placed on the type of injury sustained here. Here, the remaining Defendant/Third-Party Plaintiff/Fourth-Party Plaintiff Parkwood Plaza II, Third-Party Defendant Corri Inc. and Fourth Party Defendant DES Inc. have settled with Plaintiff for a combined amount of $250,000.00. In view of the evidence presented, the Court hereby issued a Judgment in favor of Plaintiff and against Defendant CLAD REALTY, LLC in the amount of $200,000.00, which is to compensate Plaintiff in the amount of $100,000.00 for her past pain and suffering and $100,000.00 for her future pain and suffering, with said total of $200,000.00 being in addition to the settlement attained with the remaining Defendants in this action. This Decision shall constitute the Order of the Court. The Court is hereby uploading the original Decision and Order into the NYSCEF system for filing and entry by the County Clerk. Plaintiffs counsel is still responsible for serving notice of entry of this Decision and Order in accordance with the Local Page 3 of 4 53 of of 6 4 FILED: SARATOGA COUNTY CLERK 07/18/2023 09:35 AM INDEX NO. 20183085 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 07/18/2023 INDEX NO. 20183085 FILED : SARATOGA COUNTY CLERK : NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 07/14/2023 Protocols for Electronic Filing for Saratoga County and Plaintiff is directed to submit a Proposed Judgment, if desired. Dated: July 23 Ballston Spa, New York ALSH, J.S.C. Page 4 of 4 64 of of 64