Sugarman News & Articles

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Danielle Mikalajunas Fogel was defending an emergency room nurse in a medical malpractice action where the plaintiff claimed the nurse improperly attempted an IV placement which resulted in a nerve injury that developed into complex regional pain syndrome. The jury returned a verdict in favor of the nurse finding that she was not negligent.
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By: Stephen A. Davoli, Esq.   Unlike most states, design professionals practicing in New York need to be cognizant of potential liability that can arise under the Labor Law when a worker is injured. Commonly referred to as the “scaffold law,” Labor Law § 240(1) makes contractors, owners, and their agents strictly liable for injuries sustained as a result of gravity related risks. Although the Courts have expanded its meaning over the years, this primarily relates to instances where a worker falls from a height, or some material, equipment, or other object falls from ...


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Paul Mullin has been selected to the Make-A-Wish® Central New York Board of Trustees and Development Committee. Make-A-Wish® Central New York is a non-profit, tax-exempt organization dedicated to granting life-changing wishes for children with critical illnesses. Make-A-Wish is on a quest to bring every eligible child’s wish to life because a wish is an integral part of a child’s treatment journey. Research shows children who experience wishes can build the physical and emotional strength they need to fight critical illness. Make-A-Wish Central New York continues to shar...


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Paul V. Mullin successfully obtained a dismissal of Title VII and Sec 42 U.S.C 1983 employment action in the Northern District of New York federal court. The plaintiff, a school superintendent, claimed gender bias employment issues against a school district and its volunteer board members. The case was tried and the jury returned a verdict of no cause of action as to the district and its board members.
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Partner Kevin R. Van Duser is the recipient of the 2019 AV Preeminent Rating. According to Martindale-Hubbell, AV Preeminent is the highest rating a lawyer can achieve and is a "testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." The ratings are based upon performance in the areas of Legal Knowledge, Analytical Capabilities, Judgment, Communication Ability, Legal Experience, and General Ethical Standards.
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Sam Vulcano, Dan Cavarello, Paul Mullin, Mike Riehler, Brian Sutter, Jenna Klucsik, Steve Davoli, and Sam Elbadawi have been named to the 2018 New York Super Lawyers list in their respective practice areas. Danielle Fogel and Brenna Gubala were both named Rising Stars by Super Lawyers. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations, and peer evaluations. Congratulations to our Super Lawyers Hono...


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In a decision issued on April 3, 2018, the New York State Court of Appeals changed the landscape for dispositive motion practice in personal injury actions. Although there had previously been some lack of uniformity in the Appellate Divisions regarding this issue, a number of cases had clearly held that a plaintiff was not entitled to summary judgment on the issue of liability unless the plaintiff proved, as a matter of law, that he or she was free from comparative negligence. These cases usually relied upon the Court of Appeals’ 1993 decision in Thoma v. Ronai, 82 N.Y.2d 736 (1993). ...


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Danielle Mikalajunas Fogel was defending a gynecologic oncologist in a medical malpractice action where the plaintiff claimed the physician was negligent in performing a laparoscopic hysterectomy and caused significant hemorrhage that resulted in numerous post-operative issues. The jury returned a unanimous verdict finding that the doctor was not negligent.
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The Martindale-Hubbell AV Preeminent Judicial Award is the highest possible rating in both legal ability and ethical standards, reflecting the confidential opinions of the judiciary, and is a testament to the fact that judges rank him at the highest level of professional excellence.
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Partner Paul V. Mullin has been appointed to be the Vice Chairperson of the Defense Research Institute (DRI) National Government Liability Seminar to be held in January of 2019, in San Antonio, Texas. The seminar draws hundreds of experts in governmental liability areas of civil rights, education, public employment, and prisoner rights.  Paul is also an active member in DRI’s Trucking Law and Product Liability Committees and has served in leadership, including the role of Membership Chairperson, for two years.  He has also lectured at DRI’s Annual Meeting on government...


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As a society, we want to encourage public service.  We want to encourage the best to devote a significant portion of their lives for the greater good, serving the public.  Unfortunately, that exposes the public servant to personal liability during that service, when they are required to make decisions as to how to act in their public service.  This challenge confronts public servants all too often when the official is doing what he or she was mandated to do.  The action often results in someone claiming their constitutional rights were violated. The public servant’s g...


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Partner, Stephen G. Pesarchick was invited to speak at the Defense Research Institute (DRI) National Trucking Seminar on the topic “Strategies for Resolving Serious Losses Within Days.”  The seminar took place from April 25, 2018 through April 27, 2018 at the Chicago Hilton.  It was attended by over 600 trucking attorneys and industry professionals.    Steve is an active member of DRI’s Trucking Law and Products Liability Committees.  He was the Publications Chair of DRI’s Trucking Law Committee from 2011 to 2016.  He is currently the Mem...


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F-M Legal Hornets prevail, win Regional and County 2018 Mock Trial Championship – on to Albany! Onondaga County Bar Association Bar Reporter April 2018, Volume 63, Number 4 The teenaged attorneys from Fayetteville-Manlius High School argued both sides of the fictitious disorderly conduct case, The People v. Carson Conners, April 21st at the 2018 Mock Trial Region 2 Championship and brought home the win. After four grueling rounds at the Southern Tier’s U.S. District Courthouse in Binghamton, the Legal Hornets appeared with the Gilbertsville-Mount Upton High School te...


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The Martindale-Hubbell AV Preeminent Judicial Award is the highest possible rating in both legal ability and ethical standards, reflecting the confidential opinions of the judiciary, and is a testament to the fact that judges rank him at the highest level of professional excellence.
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On March 21, 2018, Ms. Fogel spoke to the medical students about the Basics of Medical Malpractice and what to do when you are sued during their "March into Residency" lecture series.
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