Franklin v. Garuyea (2017)

The trial court and the Appellate Division, First Department held that plaintiff failed to establish that his left shoulder injury was caused by a car accident. The Appellate Division, First Department granted plaintiff’s motion for leave to appeal to the Court of Appeals and MLN was retained to represent defendant before New York’s highest court.  The Court of Appeals accepted our argument that plaintiff’s expert’s failure to address evidence of degeneration rendered the expert’s opinion insufficient to raise a triable issue of fact.  As such, the Court of Appeals affirmed the dismissal of the claim against our client.