Accomplishments

On March 27, 2026, Anthony Marino obtained a verdict after a one week trial in Supreme Court, New York County before Justice Lyle E. Frank on behalf of one of our educational institution clients.  Plaintiff, a then 14 year old student at a New York City Charter School, fractured her ankle and underwent open reduction and internal fixation after a fall during gym class. Suit was brought against the individual teacher and school for allegedly creating an unsafe environment in the class and for alleged lack of supervision. Plaintiff utilized experts for both liability and damages and asked the jury for $6,000,000.00. After deliberating for just 45 minutes, the jury returned a unanimous verdict in favor of the teacher and school finding the plaintiff assumed the risk of injury.

On March 13, 2026, Christian Fumuso secured a unanimous defense verdict on behalf of a board certified Oral Surgeon before Judge Dufficy in Supreme Queens Court after a 2 week trial involving allegations of negligent extraction.   The 52 year old plaintiff claimed that when he presented to the oral surgeon’s practice he did so due to concerns of symptomatic tooth #9 for potential removal, however, upon clinical and radiographic review, the defendant surgeon opined that the only tooth indicated for extraction was #12, not #9.  While the plaintiff ultimately consented for removal of tooth #12, a subsequent treating provider was highly critical of the defendant oral surgeon and advised that #12 was not indicated for extraction and the plaintiff therefore required a permanent implant.  Throughout the trial, both plaintiff and defendant produced expert witnesses in the field of restorative oral surgery.  While the plaintiff’s expert opined that #12 was not indicated for extraction based upon his review of the preoperative panoramic study and plaintiff’s alleged benign complaints, the defense expert (along with the defendant surgeon himself) both opined that indications existed for extraction via non-restorable carious presentation, including: infection, necrotic pulp, pain on palpation, and a broken crown without enough enamel for restoration.  After 2 weeks and 6 witnesses, the jury deliberated for less than 1 hour and delivered a defense verdict for the oral surgeon. 

On December 18, 2025, Anthony Marino with a second seat assist from Nicholas Albanese obtained a defense verdict after a two week medical malpractice trial in Supreme Court, Nassau County before Justice Catherine Rizzo. The case was one for pain and suffering and wrongful death of a then 47-year-old widowed mother of two. It was alleged that the client orthopedic surgeon and physician’s assistant were negligent in prescribing and failing to monitor the decedent’s use of opioid medications as well as other psychiatric medications including benzodiazepines causing her to pass due to acute drug intoxication. After three hours of deliberation, the jury found in favor of the doctor and physicians assistant.

On December 18^th, 2025, Sandra Hornberger obtained a defense verdict in Supreme Court Suffolk County on behalf of the County of Suffolk.     The plaintiff, a then 31 year old woman, was rear ended by a bus.  Suit was brought  against the individual driver and the municipality alleging significant spinal injuries requiring back surgery and a lumbar fusion.   Plaintiff’s counsel during his summation asked the jury for $6,000,000 in damages.   After due deliberation, the jury concluded that the plaintiff had failed to prove causation and returned a verdict on behalf of Suffolk County.