- Child Custody and VisitationAs an adoptive parent himself, Arnold DiJoseph is keenly aware of the emptiness many couples feel as a result of not being able to have children. While the adoption process can be a long and frustrating one, Mr. DiJoseph has committed himself to helping as many couples as possible weather the course, since it gives him great satisfaction to see them become both adoptive parents and a family at the end of that path. There are also situations, where couples separate or divorce and issues of child custody become sharply contested. Mr. DiJoseph is well versed in these matters and does all he can to ensure that his clients’ parental rights are respected and protected.
- Adoption
- Wrongful DeathAccidents involving automobiles, trucks, buses, motorcycles, and other motor vehicles (i.e., construction equipment) that use our roads and highways make up the largest percentage of personal injury and wrongful death cases in American courts.
- Sex CrimesSteel v. State of New York, 11 A.D.3d 673 and 307 A.D.2d 919: As a result of these appeals, the estate of a 34-year-old mother of two was permitted to sue the State of New York for her rape and murder at the hands of a violent felon who had been released from prison some 13 years too soon as a result of a clerical error. After obtaining a judgment of $5.5 million, the case was settled on appeal for $3.75 million.
- Murder
- Homicide
- Premises Liability“A landowner moving for summary judgment in a premises liability case has the initial burden of establishing that it did not create the defective condition or have actual or constructive notice of its existence for a sufficient length of time to discover and remedy it.”
- Property DamageBanca Di Roma v. Mutual of America Life Insurance Company, Inc.,17 A.D.3d 119: In this serious property damage case, the jury returned a verdict in favor of the defendant. On appeal, Mr. DiJoseph represented the plaintiff and was able to obtain a new trial based on errors committed by the trial court in its instructions to the jury.
- Personal InjuryIn personal injury litigation, "municipalities" include: city, county, town, village, state, housing authorities, transit systems, park departments, power and water authorities, school districts, police, fire, and sanitation departments.
- Medical MalpracticeForslund v. Nunez, 250 A.D.2d 645 In this medical malpractice case, defendant appealed from a jury verdict in favor of plaintiff and sought to have that verdict set aside. Mr. DiJoseph represented the plaintiff at both the trial and on appeal, and was successful in having the verdict on liability affirmed. Plaintiff received $450,000.
- Auto Accidents
- ForeclosureOn January 15, 2008, the Bank commenced this foreclosure action alleging that it was the holder of the note and mortgage, and that the defendant had defaulted upon his payment obligations as of August 1, 2007. In his verified answer, the defendant alleged lack of standing as an affirmative defense. The Bank thereafter moved, inter alia, for summary judgment and to appoint a referee to compute the sums due and owing under the note and mortgage, and the defendant cross- moved to dismiss the complaint, alleging, inter alia, that the Bank lacked standing to commence this action. In the order appealed from, the Supreme Court denied the motion and cross motion, and the Bank appeals from so much of the order as denied those branches of its motion which were for summary judgment and to appoint a referee to compute the sums due and owing under the subject note and mortgage. [*2]