Attorney Jessica A. Rounds moved the court to dismiss a 20M case involving a local municipality in an alleged medical malpractice action. Plaintiff sought recovery for significant injuries but failed to establish a deviation from good and accepted medical practices, failed to establish a deviation from internal policies and procedures of the municipality and ultimately failed to retain an expert. Attorney Rounds made a motion for summary judgment citing the numerous deficiencies with plaintiff’s action including the lack of a certificate of merit, the failure of plaintiff’s counsel to engage in any meaningful discovery and/or obtain an expert affidavit to support the conclusory allegations contained within plaintiff’s complaint. Plaintiff opposed without establishing a triable issue of fact and also cross moved on a brand new inapplicable theory of liability. The Court agreed that plaintiff failed to meet his burden, disregarded plaintiff’s new theory and ultimately dismissed plaintiff’s complaint granting Attorney Rounds’ motion in its entirety.
Firm Success Stories
Attorney Steven DeBraccio successfully obtained summary judgment and dismissal of a third-party complaint
Attorney Steven DeBraccio successfully obtained summary judgment and dismissal of plaintiff’s entire complaint in Supreme Court
Attorney Steven DeBraccio successfully defended an appeal to the Appellate Division
- Attorney Steven DeBraccio successfully obtained summary judgment and dismissal of a third-party complaint
Current Case Law
Admitted to practice before the Courts of:
- New York
- Various United States District Courts
- United States Court of Appeals for the Second Circuit
- United States Supreme Court.