Legal Advice Blog: Legal Advice, Case Insights, & Local Law Information

On October 9, 2012, immediately prior to Jury Selection, a Nassau County Hospital settled with a woman who was misdiagnosed with Breast Cancer after her biopsy results were mixed up with another woman. In a confidential settlement, the Hospital acknowledged that Addabbo and Greenberg’s client’s name had been put on the tissue sample of a different patient. Our client had to undergo an unnecessary lumpectomy and then discovered she was cancer free. The settlement reflects the extreme emotional stress of a cancer diagnosis, as well as the psychological trauma she suffered after learning about the mislabeling, as well as scarring of the Breast. Personal Injury Attorney Todd Greenberg states that his client appreciates the Hospital acknowledging it’s error and that the Hospital has corrected it’s procedures so that a mishap of this nature will not occur again. Personal Injury Attorney Todd Greenberg has secured a favorable settlement for his injured client based on hard work, persistence and knowledge of the law. For the best results in a Personal Injury case, call Addabbo and Greenberg.

The Defendant, the alleged bookmaker head of a Criminal Gambling Enterprise, was indicted for Enterprise Corruption and Money Laundering, accused of participating in a multimillion-dollar offshore sports betting operation. The Indictment, filed in Queens County, alleged that the Defendant and twenty-nine co-conspirators unlawfully operated a sports betting enterprise that stretched from Queens County to Nevada and from Rochester to Florida. After hiring two other attorneys who advised the Defendant to Plead Guilty to a Felony with a Jail Term, the Defendant hired Todd D. Greenberg, Esq. to represent him. Immediately, extensive motion practice began and Mr. Greenberg argued that the Queens County Court lack jurisdiction over his client who never even stepped foot into Queens County and was not “acting in concert” with any of the other co-conspirators. During the extensive Motion Practice, a plea bargain was reached and the Enterprise Corruption charge, which carried twenty-five years in jail, was dismissed and Mr. Greenberg’s client was permitted to plead guilty to a “Class A” Misdemeanor, and was sentenced to a conditional discharge. There was also a forfeiture of the sum of the monies seized. Instead of facing a serious jail term and a Felony conviction, all Felonies were dismissed and the case was resolved with a Misdemeanor plea. Based on Mr. Greenberg’s extensive knowledge of the law and persistence in fighting for his client, the best result was achieved.

By ZACHARY R. DOWDY AND WILLIAM MURPHY zachary.dowdy@newsday.com, william.murphy@newsday.com A year to the day pharmacist Raymond Ferguson was shot to death in the Father’s Day massacre at a Medford drugstore, his wife filed a wrongful death suit against Suffolk County, its police department, convicted killer David Laffer and three doctors who sold him thousands of painkillers. Viedya Sabrina Ferguson filed the suit in State Supreme Court in Riverhead Tuesday on behalf of her husband, who was killed along with three others in the June 19, 2011, shootings and robbery at Haven Drugs, attorney Todd Greenberg of Forest Hills said. It seeks unspecified monetary damages against Laffer, who shot all four people to death, Suffolk County and its police department, three doctors and Laffer’s wife, Melinda Brady. Laffer pleaded guilty in September to first-degree murder in the death of Ferguson, 45, of Centereach; Jennifer Mejia, 17, of East Patchogue, a high school student who worked at the store; Jaime Taccetta, 33, of Farmingville, a customer; and Bryon Sheffield, 71, of Medford, a customer. Laffer robbed the pharmacy of more than 10,000 pills, including powerful painkillers. The Taccettas and Mejias have also filed lawsuits in State Supreme Court. Laffer was sentenced last November to life in prison without parole and his wife, Brady, who drove the getaway car, was sentenced to 25 years for her role. The lawsuit also names as defendants Stan Xuhui Li, Eric Jacobson and Marc Kaufman, all physicians who, the suit claims, sold painkiller to Laffer. State records reviewed by Newsday earlier this year showed 30 of the 36 painkiller prescriptions filled by Laffer and Brady between January and June 2011 came from Kaufman, Jacobson or Li. Attorneys for the three doctors could not be reached for comment Tuesday. The Suffolk County executive’s office declined to comment. The Suffolk County Police Department said it does not comment on pending litigation. Greenberg said in a statement that Suffolk County police were negligent for failing to confiscate Laffer’s gun and revoke his gun license “after being called to Laffer’s house on January 12, 2011, by Laffer’s mother, who complained that Laffer stole money from her.”

Attorney Todd Greenberg welcomes President Donald Ramotar, President of Guyana, to Queens County at the office of Attorney Kawal Totaram. President Ramotar addressed the United Nations , on behalf of Guyana and other Caribbean countries, at the UN General Assembly High Level Thematic Debate on the State of the World Economy.

On May 18 th, 2012, the United States Attorney for the Southern District of Florida dismissed a 15 Count Indictment against Attorney Todd Greenberg’ s client which charged her with Importation and Distribution of Counterfeit Goods including baseball hats, toothpaste, clothing and various other items. Criminal Defense Attorney Todd Greenberg maintained that his client had no knowledge, and did not participate in, the conspiracy. Extensive motion practice led the US Attorney to agree to a plea to a Misdemeanor charge resulting in dismissal of the entire Indictment. On May 18 th, 2012, Mr. Greenberg’s client was sentenced to twelve (12) months of probation instead of facing up to twenty (20) years imprisonment. A co-defendant was sentenced to a prison term, which Mr. Greenberg was able to avoid for his client. Additionally, Mr. Greenberg’s client, would have faced deportation charges if convicted of a felony. Once again knowledge of the law and diligent representation has led to the dismissal of all felony charges against Criminal Defense Attorney Todd Greenberg’s client and avoided the client’s deportation.

On April 9, 2012, a Queens business owner was found “NOT GUILTY” of all charges after trial. The Defendant was charged with Felony assault wherein it was alleged that he and a foreman physically beat a worker and then commanded a dog to bite the worker. Underlying the criminal case was an allegation by this particular employee and other employees who filed a Federal civil suit against the Queens contractor regarding unpaid wages. Criminal attorney Todd Greenberg was able to establish that the alleged victim lied in prior proceedings, had memory issues and, most important, that the scenario as stated by the witness was simply impossible to have occurred. Once again, the best result possible was obtained by assault attorney Todd Greenberg based on his research, knowledge of the law and trial preparation.

On February 1 st, 2012 our client was found “Not Guilty” of Endangering the Welfare of a Child, Menacing and Criminal Possession of a Weapon. The Defendant was arrested and charged in an ongoing dispute with his neighbor with having a verbal argument, then brandishing a machete and threatening to kill his neighbor’s daughter, the fifteen-year-old complainant. Even though the District Attorney presented four eyewitnesses, during Cross Examination, Criminal Defense Attorney Todd Greenberg was able to show inconsistencies between each witness’s testimony which led the Trial Judge to doubt the credibility of the witnesses. Once again, a falsely accused client of Addabbo and Greenberg has been found “Not Guilty” of all criminal charges.

On November 18 th, 2011, Addabbo and Greenberg convinced a Judge that the Police did not sustain its burden of proof at a Motor Vehicle Refusal Hearing. When a motorist Refuses a chemical test to determine Blood Alcohol Content, that motorist is subject to revocation of his or her license for one year. Before that can occur, certain prerequisites m ust be established at a Motor Vehicle Hearing. Often, the police officer does not show and the Administrative Law Judge proceeds on the police paperwork and then revokes the license. With extensive knowledge of the Law in this area, DWI Attorney was able to persuade the Administrative Law Judge that the paperwork submitted by the police officer failed to establish reasonable cause to believe that the motorist was driving in an intoxicated condition. The result: the attorneys at Addabbo and Greenberg once again are victorious in based on their knowledge of the law and knowledge of the facts of the case.

After a four year legal battle conducted by New York Criminal Law Attorney Todd D. Greenberg, all criminal charges have been dismissed against a Winthrop University Hospital Medical Technician accused of fondling three patients. The case is an attestation to the diligence and persistence of New York Criminal Attorney Todd D. Greenberg, which included two Jury Trials and a reversal by the Appellate Division and, finally, a dismissal of the single remaining charge by the Nassau County District Attorney on the eve of a third Trial. On October 18, 2011, Supreme Court Justice William C. Donnino granted an Adjournment in Contemplation of Dismissal to the remaining charge of Sexual Abuse which means that the case will be dismissed and sealed. Once again, knowledge of the law, preparation of the case and a firm believer in the innocence of our client has resulted in the complete exoneration of Todd Greenberg’s client and dismissal of an Indictment.

On June 29, 2011, Addabbo & Greenberg attorney Jill C. Stone, a New York family law attorney, was, once again, cited in the New York Law Journal. In an ongoing divorce case, Plaintiff’s husband moved for an Order granting him exclusive use and occupancy of the marital residence, subject to reasonable periods of access by the defendant wife. New York family law attorney Jill C. Stone, Esq., was appointed as the Lawyer for the Children. Justice Anthony J. Falanga, Justice of the Supreme Court, Nassau County, citing Jill C. Stone’s legal and factual arguments on behalf of the children denied the husband’s motion for exclusive occupancy of the marital residence. Once again, Addabbo & Greenberg Family Law attorney Jill C. Stone, stands up and fights for the rights of children in this divorce case. The entire Decision can be read herein: T.D.F., Plaintiff, V.T.F., Defendant.

On April 5th, 2011, the Appellate Division, Second Department, reversed the Forcible Touching conviction of a Winthrop University Hospital Technician. After a Jury Trial, the Defendant was convicted of Forcible Touching, but the Jury could not reach a decision on several Felony charges concerning three complainants. At a second Trial on the Felony charges, the Judge dismissed all Felony charges in that the Defendant was not a “Health Care Provider,” as defined in the Penal Law of the State of New York. (See article: ALL FELONY SEXUAL ABUSE CHARGES DISMISSED IN THE MIDST OF JURY TRIAL) The Appellate Court found, with regard to the Misdemeanor conviction, that a Mistrial should have been granted, based upon, Criminal Defense Attorney Todd Greenberg’s objections to prejudicial comments by the Prosecutor. However, the Trial Judge did not grant the Mistrial. The Appellate Court found that “…in light of the prosecutor’s is improper comments, the Defendant is entitled to a new Trial.” Once again, not only on the Trial level, but by preserving all errors by making Trial objections, Criminal Defense Attorney Todd Greenberg preserved all issues for an Appeal Court which ultimately reversed the conviction. A retrial on the sole Misdemeanor charge has been scheduled for May 2011.

The Defendant, eighteen years old when arrested for Driving while Intoxicated, was found “Not Guilty” after Trial on March 24, 2011 in Criminal Court, Queens County. The Defendant was alleged to have been driving approximately 100 miles per hour on Cross Bay Boulevard when he was pulled over by the police after he made an abrupt turn and spun around going in the opposite direction. The Officer, a Captain, testified that the Defendant had a “strong odor of alcohol on his breath, bloodshot eyes and slurred speech.” The Defendant stated he had “one beer.” The strategy of defense attorney Todd Greenberg was to show that the Defendant had full control of his vehicle when he made this maneuver and made the maneuver intentionally. On Cross Examination, the Officer testified that the Defendant was in control of his vehicle when he made the turn and that it was a turn like you would see a “secret service agent” make in an emergency. Although the defendant admitted to having one bottle of beer, Attorney Greenberg successfully argued that the actions of the defendant that night was not reckless driving by a drunk individual, but was reckless driving by a person who intentionally drove his vehicle in that manner. It should be noted that the area where this occurred, Cross Bay Boulevard, has been historically known as a speeding area due to the straight highway and lack of pedestrian traffic. Once again, instead of having a criminal record, knowledge of the law and a prepared presentation resulted in a verdict of “not guilty” for a client of Addabbo and Greenberg. (The defendant was found guilty of speeding)