Latest News


28-Month Gap In Treatment Does Not Bar LASIK Victim’s Malpractice Claim

May 16th, 2017Leave a comment

May 16, 2017

PRESS RELEASE – FOR IMMEDIATE RELEASE

 William Freely v. Eric D. Donnernfeld, M.D. and Ophthalmic Consultants of Long Island

In the Supreme Court, Nassau County, New York, Case No. 601780/2013

 28-Month Gap In Treatment Does Not Bar LASIK Victim’s Malpractice Claim

On May 3, 2017, the New York appellate court reinstated a patient’s LASIK malpractice claim, despite a 28-month gap in treatment, based on the continuous treatment doctrine.  The lower court had granted partial summary judgment to the LASIK surgeon, Eric D. Donnenfeld, M.D., and his practice, Ophthalmic Consultants of Long Island.  The Appellate Division, Second Department reversed.  It held:

After being told, in November 2008, that his only options were to wait for the new treatment or seek treatment outside the country, the plaintiff returned to the defendants for treatment of the same condition on March 9, 2011, and, in fact, received treatment for the same condition from the defendants continuing until December 2012. Under these circumstances, there are questions of fact as to whether further treatment was explicitly anticipated by both the defendants and the plaintiff after 2008, and whether, under the particular circumstances of this case, the March 9, 2011, visit constituted a timely return visit (see Gomez v Katz, 61 AD3d 108; see also Devadas v Niksarli, 120 AD3d 1000).

The appellate court’s decision is very important for patients who develop LASIK complications, including post-LASIK ectasia, which may not manifest any symptoms until years after their surgery.

On March 3, 2001, Dr. Donnenfeld performed LASIK eye surgery on William Freely.  18 months later, Mr. Freely developed keratoconus, an ectatic disease that causes progressive thinning and weakening of the cornea.  The complaint alleges that Dr. Donnenfeld failed to recognize pre-operative signs of keratoconus, for which LASIK surgery was contraindicated.  The complaint further alleges that Dr. Donnenfeld failed to diagnose keratoconus and post-LASIK ectasia, as well as timely inform and treat Mr. Freely.  The complaint contends that Dr. Donnenfeld’s negligence in performing contraindicated surgery on Mr. Freely rendered him with a permanent visual disability.

On November 12, 2015, the Nassau County Supreme Court granted defendants’ motion for partial summary judgement.  In the motion, defendants moved to dismiss all claims arising prior March 9, 2011 as time-barred under the statute of limitations.

In a related decision, the appellate court affirmed the lower court’s decision which denied plaintiff’s motion to plead fraud against Dr. Donnenfeld.  Plaintiff alleged that Dr. Donnenfeld knowingly concealed the fact that the patient had developed post-LASIK ectasia, and withheld therapy for five years.  The appellate court held:

The allegations of fraud set forth in the proposed amended complaint amounted only to allegations that the defendants concealed their alleged malpractice.  This is insufficient to give rise to a cause of action sounding in fraud separate and different from the malpractice cause of action (see Simkuski v. Saeli, 44 NY 2d 442, 452).

Plaintiff is represented by Todd J. Krouner of the Law Office of Todd J. Krouner, in Chappaqua, New York.  Mr. Krouner represents victims of LASIK surgery throughout the United States, and has extensive experience in litigating medical malpractice actions.  Following Mr. Krouner’s $7.25 million verdict in Schiffer v. Speaker, he has the two largest verdicts for LASIK malpractice.

A copy of the decisions is available here. For further information, please contact Todd J. Krouner, Esq., at (914) 238-5800.

 

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Douglas Steinbrech, M.D, And Gotham Plastic Surgery, PLLC, Are Sued For Plastic Surgery Malpractice

March 6th, 2017Leave a comment

March 6, 2017

PRESS RELEASE – FOR IMMEDIATE RELEASE

DOUGLAS STEINBRECH, M.D, AND GOTHAM PLASTIC SURGERY, PLLC, ARE SUED FOR PLASTIC SURGERY MALPRACTICE

Michael Youwanes v. Douglas Steinbrech, M.D, and Gotham Plastic Surgery, PLLC

Supreme Court of New York County, State of New York, Case No.: 805038/2017

 On February 3, 2017, Michael Youwanes filed a complaint against Douglas Steinbrech, M.D, and Gotham Plastic Surgery, PLLC, in the Supreme Court of New York County, State of New York, for medical malpractice arising from a body lift abdominoplasty procedure.

The complaint alleges that on or about December 3, 2015, plaintiff came under the care and treatment of defendants for the purpose of undergoing a body lift abdominoplasty procedure, otherwise known as a “tummy tuck.”  Dr. Steinbrech allegedly departed from the standard of care by placing the incision line too close to Mr. Youwanes’s  pubis.

As a result of Defendants’ medical malpractice, the complaint alleges that the patient incurred substantial damages, and was physically deformed and impaired, with residual flank, abdominal fullness and unevenness, unpleasant scarring, functional difficulties and tension in his genital area.

Mr. Youwanes lives in the State of Arizona. He is represented by the Law Office of Todd J. Krouner in Chappaqua, New York.  Mr. Krouner has extensive experience in litigating legal and medical malpractice actions. If you have been injured as a result of a medical malpractice, please contact the Law Office of Todd J. Krouner for a free consultation

A copy of the complaint is available here.  For further information, please contact Todd J. Krouner, Esq., at (914) 238-5800.

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Joseph Romanello, Joseph Dimyan, And The Romanello Law Firm Are Sued For Legal Malpractice And For Violation Of New York Judiciary Law § 487

December 9th, 2016Leave a comment

December 9, 2016

PRESS RELEASE – FOR IMMEDIATE RELEASE

JOSEPH ROMANELLO, JOSEPH DIMYAN AND

THE ROMANELLO LAW FIRM ARE SUED FOR LEGAL MALPRACTICE AND FOR VIOLATION OF NEW YORK JUDICIARY LAW § 487

Edward Leili v. Joseph Romanello, Joseph Dimyan And The Romanello  Law Firm

Supreme Court of New York County, State of New York, Case No.: 159603/2016

On November 15, 2016, Edward Leili filed a complaint against Joseph Romanello, Joseph Dimyan, and The Romanello Law Firm, in the Supreme Court of New York County, State of New York.

The complaint alleges that this case involves defendants’ bungled effort to represent plaintiff in a medical malpractice action in which defendants failed to protect the statute of limitations, and fraudulently concealed the nature of their inept representation of plaintiff to the Court and to the plaintiff, in violation of New York Judiciary Law § 487. Plaintiff developed sepsis in connection with an orthopedic surgery that he required in connection with an injury that he had sustained. Due to his health care providers’ failure to timely diagnose and treat the sepsis, plaintiff required emergency surgery to remove a substantial portion of his intestines.

As a result of Defendants’ legal malpractice, Edward Leili incurred substantial damages. Defendants told plaintiff that the value of the underlying medical malpractice action which they failed to timely prosecute was $25,000,000.

Mr. Leili lives in Danbury, Connecticut. He is represented by the Law Office of Todd J. Krouner in Chappaqua, New York.  Mr. Krouner has extensive experience in litigating legal and medical malpractice actions. If you have been injured as a result of a legal or medical malpractice, please contact the Law Office of Todd J. Krouner for a free consultation.

A copy of the complaint is available here.  For further information, please contact Todd J. Krouner, Esq., at (914) 238-5800.

 

 

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Dr. Farzad Yaghouti and Global Laser Vision Sued For LASIK Malpractice

November 16th, 2016Leave a comment

November 16, 2016

PRESS RELEASE – FOR IMMEDIATE RELEASE

 Ashli Bryant v. Farzad Yaghouti, M.D. and Global Laser Vision

Superior Court of California, County of San Diego, Civil Action No. 37-2016-00038327-CU-MM-CTL

DR. FARZAD YAGHOUTI and GLOBAL LASER VISION SUED FOR LASIK MALPRACTICE

On November 1, 2016, plaintiff Ashli Bryant filed suit against Farzad Yaghouti, M.D., and Global Laser Vision, in the Superior Court of California, County of San Diego, for the negligent performance of LASIK surgery.

The complaint alleges that on November 13, 2015, Dr. Yaghouti performed elective LASIK eye surgery on both of Ms. Bryant’s eyes.

The complaint further alleges that during the course of surgery on Ms. Bryant’s right eye, the treatment was interrupted. Instead of resuming the surgical treatment where it had been interrupted, Dr. Yaghouti caused or allowed the excimer laser to reinitiate the treatment from the beginning of the treatment plan, causing overtreatment of Ms. Bryant’s right cornea.

As a result of the elective LASIK surgery performed by Dr. Yaghouti, Ms. Bryant suffered severe, serious, and permanent injuries to her right cornea.

Ms. Bryant is represented by Todd J. Krouner of the Law Office of Todd J. Krouner in Chappaqua, New York, and Steven C. Vosseller of Law Office of Steven C. Vosseller, in San Diego, California. Mr. Krouner represents victims of LASIK surgery throughout theUnited States. Mr. Vosseller has extensive experience in litigating medical malpractice actions.

A copy of plaintiff’s complaint is available here. For further information, please contact Todd J. Krouner, Esq., at (914) 238-5800, or Steven C. Vosseller, Esq., at (858) 429-4062.

 

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Former Nyack College Softball Coach, Kurt Ludwigsen, Admits That He Subjected His Victims To Sexual Assault By Threatening Their Valuable Athletic Scholarships

September 16th, 2016Leave a comment

PRESS RELEASE – FOR IMMEDIATE RELEASE

 Does v. Kurt Ludwigsen, in his individual capacity; Kirsten Lambertson, in her individual capacity; Michael G. Scales, individually and as President of Nyack College; David C. Jennings, individually and as Executive Vice President of Nyack College; Keith Davie, individually and as Athletic Director for Nyack College; Amanda Aikens, individually and as Assistant Athletic Director for Nyack College; and Nyack College

In the United States District Court for the Southern District of New York (White Plains, NY)

Former Nyack College Softball Coach, Kurt Ludwigsen, Admits That He Subjected His Victims To Sexual Assault By Threatening Their Valuable Athletic Scholarships

 Kurt Ludwigsen, the former Nyack College softball coach, pleaded guilty today to seven counts of felony coercion, in connection with his sexual assault of his former team members. Previously, in connection with his prior conviction for sexual assault, Ludwigsen had admitted in open Court that he had unwanted sexual contact with his players to degrade them and for his sexual pleasure. In a strange turn, the prior sexual assault conviction was vacated on June 29, 2016.

In pleading guilty to felony coercion today, Ludwigsen was required to repeat his confession to the sexual assaults because of his subsequent attempts to deny responsibility.  Ludwigsen admitted further that he had coerced his victims by having threatened to revoke their valuable softball scholarships with Nyack College, which he controlled.

Ludwigsen was re-sentenced to five years of probation by Judge William A. Kelly in the Rockland County Justice Court, in New City, New York.

The reason for this highly unusual re-sentencing is difficult to comprehend. However, it appears to reflect an inexplicable accommodation by the Court to help Ludwigsen avoid sex offender’s conditions of probation in California, where Ludwigsen wants to return. Indeed, Ludwigsen’s ongoing effort to erase the sexual nature of his crimes was confirmed by his criminal defense attorney’s astonishing assertion in Court today that “this is not a sex offence case.”

This is a sad day for victims of sexual assault. The Court’s lax probationary criminal sentence, and other generous accommodations granted to this admitted sex offender, send an alarming message that sex crimes are not perceived as real crimes. In addition, it was previously reported that Ludwigsen was allegedly investigated for sexual assault on his teenage softball players in Petaluma, California, before he was hired as the softball coach at Nyack College.  Today’s unusual re-sentencing allows Ludwigsen to return to Chico, California, virtually unscathed, and likely undeterred, in his predatory sexual behavior.

Todd J. Krouner represents six victims of Ludwigsen’s sexual assault in a civil lawsuit pending in the federal court New York against Ludwigsen, Nyack College and several of its administrators and employees. For further information, please contact the Law Office of Todd J. Krouner at (914) 238-5800.

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Todd Krouner Corrects Erroneous Legal Advice

August 8th, 2016Leave a comment

In an “Exclusive” front page story, dated Sunday, August 7, 2016, the Journal News reported on the recent guilty plea of the former Horace Greeley High School drama teacher who pleaded guilty to having sexually assaulted his students.

Click here for Todd J. Krouner’s Letter to the Editor, correcting the erroneous legal advice dispensed in the article concerning the rights of victims of sexual assault.

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Former Nyack College Softball Coach, Kurt Ludwigsen, Withdraws His Counterclaims Against His Former Players For Allegedly “Making False Allegation[s] Of Sexual Harassment

June 16th, 2016Leave a comment

PRESS RELEASE – FOR IMMEDIATE RELEASE 

A. Doe v. Kurt Ludwigsen, in his individual capacity; Kirsten Lambertson, in her individual capacity; Michael G. Scales, individually and as President of Nyack College; David C. Jennings, individually and as Executive Vice President of Nyack College; Keith Davie, individually and as Athletic Director for Nyack College; Amanda Aikens, individually and as Assistant Athletic Director for Nyack College; Taylor Brown, individually and as Assistant Softball Coach for Nyack College; Karen Davie, individually and as Director of Human Resources and Title IX Coordinator for Nyack College; and Nyack College

In the United States District Court for the Southern District of New York (White Plains, NY) 

E. Doe v. Kurt Ludwigsen, in his individual capacity; Kirsten Lambertson, in her individual capacity; Michael G. Scales, individually and as President of Nyack College; David C. Jennings, individually and as Executive Vice President of Nyack College; Keith Davie, individually and as Athletic Director for Nyack College; Amanda Aikens, individually and as Assistant Athletic Director for Nyack College; Taylor Brown, individually and as Assistant Softball Coach for Nyack College; Karen Davie, individually and as Director of Human Resources and Title IX Coordinator for Nyack College; and Nyack College

In the United States District Court for the Southern District of New York (White Plains, NY) 

K. Doe v. Kurt Ludwigsen, in his individual capacity; Kirsten Lambertson, in her individual capacity; Michael G. Scales, individually and as President of Nyack College; David C. Jennings, individually and as Executive Vice President of Nyack College; Keith Davie, individually and as Athletic Director for Nyack College; Amanda Aikens, individually and as Assistant Athletic Director for Nyack College; Taylor Brown, individually and as Assistant Softball Coach for Nyack College; Karen Davie, individually and as Director of Human Resources and Title IX Coordinator for Nyack College; and Nyack College

In the United States District Court for the Southern District of New York (White Plains, NY) 

M. Doe v. Kurt Ludwigsen, in his individual capacity; Kirsten Lambertson, in her individual capacity; Michael G. Scales, individually and as President of Nyack College; David C. Jennings, individually and as Executive Vice President of Nyack College; Keith Davie, individually and as Athletic Director for Nyack College; Amanda Aikens, individually and as Assistant Athletic Director for Nyack College; Taylor Brown, individually and as Assistant Softball Coach for Nyack College; Karen Davie, individually and as Director of Human Resources and Title IX Coordinator for Nyack College; and Nyack College

In the United States District Court for the Southern District of New York (White Plains, NY) 

S. Doe v. Kurt Ludwigsen, in his individual capacity; Kirsten Lambertson, in her individual capacity; Michael G. Scales, individually and as President of Nyack College; David C. Jennings, individually and as Executive Vice President of Nyack College; Keith Davie, individually and as Athletic Director for Nyack College; Amanda Aikens, individually and as Assistant Athletic Director for Nyack College; Taylor Brown, individually and as Assistant Softball Coach for Nyack College; Karen Davie, individually and as Director of Human Resources and Title IX Coordinator for Nyack College; and Nyack College

In the United States District Court for the Southern District of New York (White Plains, NY) 

Y. Doe v. Kurt Ludwigsen, in his individual capacity; Kirsten Lambertson, in her individual capacity; Michael G. Scales, individually and as President of Nyack College; David C. Jennings, individually and as Executive Vice President of Nyack College; Keith Davie, individually and as Athletic Director for Nyack College; Amanda Aikens, individually and as Assistant Athletic Director for Nyack College; Taylor Brown, individually and as Assistant Softball Coach for Nyack College; Karen Davie, individually and as Director of Human Resources and Title IX Coordinator for Nyack College; and Nyack College

In the United States District Court for the Southern District of New York (White Plains, NY) 

FORMER NYACK COLLEGE SOFTBALL COACH, KURT LUDWIGSEN,  WITHDRAWS HIS COUNTERCLAIMS AGAINST HIS FORMER PLAYERS FOR ALLEGEDLY “MAKING FALSE ALLEGATION[S] OF SEXUAL HARASSMENT.”

On June 16, 2016, former Nyack College softball coach, Kurt Ludwigsen, voluntarily withdrew his counterclaims against six of his former softball players. Ludwigsen’s retreat comes in response to the blistering reaction of the federal judge, who took a dim view of his allegations in view of his plea to seven counts of sexual assault involving seven different student-athletes. Specifically, Ludwigsen admitted that he “forcibly touch[ed] the sexual or other intimate parts” of seven of his student-athletes “for the purpose of degrading or abusing such person, or for the purpose of gratifying [his] sexual desire.” N.Y. Penal Law § 130.52. Consequently, the federal judge found it implausible that Ludwigsen could have kept his coaching job.

Ludwigsen’s counterclaims alleged that his former players made “false allegation[s] of sexual harassment” to employees of Nyack College, the police, press and others, resulting in his termination from Nyack College. However, on January 21, 2016, Ludwigsen pleaded guilty to seven counts of sexual assault against seven of his former players. On March 31, 2016, he was sentenced to three years of probation.

On May 18, 2016, the parties appeared before the Honorable Cathy Seibel in the United States District Court for the Southern District of New York, in White Plains, New York, regarding Plaintiffs’ application to dismiss the scurrilous counterclaims. Judge Seibel appeared incredulous at Ludwigsen’s accusations, and remarked to his attorney, Michael Burke, “Mr. Burke, really? Really?” Judge Seibel further commented that she was “not clear how it could be plausible” that the Plaintiffs “wrongfully interfered with [Ludwigsen’s] contract for the sole purpose of harming him,” where “[t]hey reported that he acted inappropriately and there’s no question he did.” She remarked that “he was going to get fired for [his admitted criminal conduct]. It’s not plausible that they [Nyack College] would have kept him on.”

Plaintiffs’ counsel, Todd J. Krouner, states: “Ludwigsen’s transparent attempt to further harass the victims of his sexual assault has fallen on its face. It was never possible to reconcile Kurt Ludwigsen’s counterclaims against his former players with his guilty plea to multiple counts of sexual assault. Nevertheless, with the strong encouragement of Judge Seibel, Ludwigsen has acknowledged belatedly that his baseless counterclaims never had any merit.”

As previously reported, six former softball players filed civil lawsuits against Nyack College, its administrators and Ludwigsen. Those lawsuits allege that Ludwigsen’s outrageous conduct included, among other things, routinely licking his players’ ears, kissing their lips and faces, slapping their buttocks, grabbing their breasts, directing them to sit on his lap, lying on top of them, commenting about their physical attributes, having sexually explicit conversations with them, inviting a pornographic actress known as Allie Haze to practice and directing students to life counseling sessions with her, directing an underage drinking outing where his players were instructed to dress in cocktail dresses and dance with male strangers and offering to assist players to attain employment in the adult entertainment industry. Ludwigsen’s counter-claims failed to specify which of these, or any other, allegations of sexual harassment are allegedly false.

The plaintiffs are represented by the Law Office of Todd J. Krouner (Chappaqua, N.Y.). Mr. Krouner has experience representing victims of sexual harassment, sexual assault and discrimination in schools and workplaces throughout the New York City metropolitan area.

A copy of the transcript of the May 18, 2016 court conference before the Honorable Judge Cathy Seibel is available here. For further information, please contact the Law Office of Todd J. Krouner at (914) 238-5800.

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Former Jordan’s Pizzeria Owner Sued For Creating A “Trap For The Unwary”

June 10th, 2016Leave a comment

PRESS RELEASE – FOR IMMEDIATE RELEASE

Hannah Buckstine v. Jordan Schor et al.

In the Supreme Court of the State of New York, Westchester County (White Plains, NY), Case No. 57710/2016

 Former Jordan’s Pizzeria Owner Sued For Creating A “Trap For The Unwary”

On May 31, 2016, Hannah Buckstine, a SUNY New Paltz college student from Pleasantville, New York, filed a claim against Jordan Schor, the present owner of End Cut on Church Street in New Paltz; Jordan’s of New Paltz, LLC, the business name for Jordan’s Pizzeria of New Paltz (now closed); and LCore Enterprise Corporation, the owner of the building out of which Jordan’s Pizzeria operated.  Ms. Buckstine is suing for claims stemming from an accident on October 25, 2014, when Ms. Buckstine fell down the steps at Jordan’s Pizzeria in New Paltz and suffered traumatic brain injury.

The complaint alleges that that Mr. Schor boasted in the press as to how he exploited his collegiate patrons, placing his profits above their safety.  In a January 7, 2016 article entitled “From Drunk, Late Night Pizza to Upscale French-Italian Fusion,” published on October 15, 2015, in The Little Rebellion, Mr. Schor boasted:  “Anyone can make pizza.  It didn’t really matter how it tasted, people were throwing it up an hour later.  It was just about volume.  Volume equals money.  Money equals success.”  The complaint also alleges that the absentee landlord, LCore Enterprise Corporation, the pizzeria tenant, and Mr. Schor, were negligent in their creation and maintenance of the unsafe, unlit, unmarked hallway and stairs, which served as a trap for the unwary.  

The complaint further alleges that as a result of defendants’ negligence, Ms. Buckstine fell down a flight of concrete steps, fractured her skull, was rendered comatose, required a craniectomy and a frontal lobectomy, and suffers from traumatic brain damage.

The plaintiff is represented by the Law Office of Todd J. Krouner (Chappaqua, N.Y.). Mr. Krouner has experience representing victims of premises liability and traumatic brain injury cases throughout the New York City metropolitan area.

A copy of the complaint is available here. For further information, please contact the Law Office of Todd J. Krouner at (914) 238-5800.

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Todd J. Krouner Will Join Emory Law School Faculty For Its Annual Trial Techniques Advocacy Program

April 28th, 2016Leave a comment

For the twelfth year, Todd J. Krouner will join the 2016 faculty of Emory University School of Law’s Kessler-Eidson Trial Techniques Program to be held April 30 through May 6.

 

Mr. Krouner joins an elite group of more than 120 jurists, practitioners, and legal scholars from across the United States and foreign jurisdictions, including Mexico, to teach in the prominent program which, over the course of three decades, has launched some of the nation’s leading trial lawyers and judges.

 

“We are very selective in choosing faculty,” said Emory Law professor, and Emory Law Center for Advocacy and Dispute Resolution director, Paul Zwier. “The group of faculty that will convene in Atlanta this year includes people who are at the top of their game – and who also have the teaching skills to train the next generation of trial advocates.”   

 

When founded in 1982, the program was modeled after the National Institute for Trial Advocacy’s program for teaching practicing lawyers. As a 1984 graduate of Emory Law School, Mr. Krouner participated as a student in one of its first programs.  Emory Law’s program is the largest in the country and is recognized as one of the nation’s finest. The American College of Trial Lawyers has twice conferred on Emory’s program the Emil Gumpert Award for excellence in the teaching of trial advocacy. 

 

“Emory Law has been one of the nation’s leading producer of trial lawyers, and this program – along with our course offerings in advocacy – is a big part of that,” said Zwier.       

 

The program’s teaching methodology focuses on integrating the second-year law student’s knowledge of substantive evidence with practical trial skills through a “learn-by-doing” format. Trial experience is supplemented by a textbook, lectures, and discussions. During two sessions in the spring semester, students develop theories for particular witness examinations, decide on appropriate approaches to bring out the facts consistent with their theories, prepare witnesses, and conduct direct and cross-examinations using current courtroom technology in the use of exhibits. This is followed by an seven-day intensive learn-by-doing class in which participants will engage in a “Daubert” hearing to determine whether an expert witness will testify at trial. Two days later, students will conduct a jury trial with high school students from the Atlanta area serving as jurors. By the end of eight days, more than 290 students will have collectively tried more than 70 jury trials and participated in more than 70 Daubert hearings.

 

Founded in 1916, Emory University School of Law is an American Bar Association (ABA) nationally accredited law school. Consistently ranked as one of the premier law schools in the United States, Emory Law offers exceptional doctrinal and practical legal education with signature programs in advocacy, transactional law, technology and IP law, law and religion, and vulnerability studies.

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Club Marquee Is Sued For Negligence

April 8th, 2016Leave a comment

PRESS RELEASE – FOR IMMEDIATE RELEASE

Gabriel Martinez v. 10th Avenue Hospitality Group, LLC, d/b/a Club Marquee

In the Supreme Court of Bronx County, State of New York, Case No. 22394/2016E

CLUB MARQUEE IS SUED FOR NEGLIGENCE

 On April 7, 2016, Gabriel Martinez filed a complaint against 10th Avenue Hospitality Group, LLC, d/b/a Club Marquee, in the Supreme Court of Bronx County, State of New York.

The complaint alleges that nightclubs are supposed to be fun. Nightclubs are known to be loud. But the pounding noise of the stereo speakers is not to be so loud that its vibration causes a five liter champagne bottle to fall off the stereo speaker, onto the head of security personnel whose job responsibility requires him to stand in front of the speaker by the stage. That is what happened to plaintiff at one of New York’s premiere night clubs, Club Marquee, on October 30, 2015. As a result of defendant’s negligence, Gabriel Martinez sustained serious personal injuries, including traumatic brain damage and partial deafness. Mr. Martinez lives in the Bronx, New York. He is represented by the Law Office of Todd J. Krouner in Chappaqua, New York.  Mr. Krouner has extensive experience in litigating personal injury actions. If you have been injured as a result of negligence, please contact the Law Office of Todd J. Krouner for a free consultation.

A copy of the complaint is available here.  For further information, please contact Todd J. Krouner, Esq., at (914) 238-5800.

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In The News – Ex-Softball Coach Gets Probation For Sex Abuse At Nyack College

April 4th, 2016Leave a comment

Kurt Ludwigsen, the former coach for the Nyack College softball team, was sentenced on March 31, 2016, to six years probation for sexually assaulting seven of his former student-athletes.

While Ludwigsen claimed that his slapping his student-athletes’ buttocks was just part of softball, the sentencing judge seemed confused and asked Ludwigsen to re-allocute, or confess to his crimes.  In open court, Ludwigsen was again asked if he agreed that he was guilty of seven counts of forcible touching of the victims’ buttocks for the purpose of degrading them, abusing them and gratifying himself sexually.  While Ludwigsen stood silently, his criminal defense attorney stated that Ludwigsen agreed to the plea.

Neither the Court nor the prosecutor seemed to care that Ludwigsen also had denied responsibility for his actions by having accused his victims in civil court of having lied about their allegations.

The New York Daily News quoted Todd J. Krouner, attorney for six of Ludwigsen’s victims: “It’s a sad day where someone gets to plead guilty to serial counts of sexual assault and get a slap on the wrist and a mere probationary sentence where he has caused irreparable damage and searing psychological damage to his victims.”

Krouner intends to use Ludwigsen’s half-hearted guilty plea to throw out the frivolous counterclaims against the victims, in which Ludwigsen alleges that the victims lied, in the Title IX sex discrimination lawsuit that is pending in the federal court.

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Softball Coach Who Pleaded Guilty To Criminal Sexual Assault Countersues His Former Players For Allegedly “Making False Allegation[s] Of Sexual Harassment.”

March 8th, 2016Leave a comment

A. Doe v. Kurt Ludwigsen, in his individual capacity; Kirsten Lambertson, in her individual capacity; Michael G. Scales, individually and as President of Nyack College; David C. Jennings, individually and as Executive Vice President of Nyack College; Keith Davie, individually and as Athletic Director for Nyack College; Amanda Aikens, individually and as Assistant Athletic Director for Nyack College; and Nyack College

In the United States District Court for the Southern District of New York (White Plains, NY) 

E. Doe v. Kurt Ludwigsen, in his individual capacity; Kirsten Lambertson, in her individual capacity; Michael G. Scales, individually and as President of Nyack College; David C. Jennings, individually and as Executive Vice President of Nyack College; Keith Davie, individually and as Athletic Director for Nyack College; Amanda Aikens, individually and as Assistant Athletic Director for Nyack College; and Nyack College

In the United States District Court for the Southern District of New York (White Plains, NY) 

K. Doe v. Kurt Ludwigsen, in his individual capacity; Kirsten Lambertson, in her individual capacity; Michael G. Scales, individually and as President of Nyack College; David C. Jennings, individually and as Executive Vice President of Nyack College; Keith Davie, individually and as Athletic Director for Nyack College; Amanda Aikens, individually and as Assistant Athletic Director for Nyack College; and Nyack College

In the United States District Court for the Southern District of New York (White Plains, NY) 

M. Doe v. Kurt Ludwigsen, in his individual capacity; Kirsten Lambertson, in her individual capacity; Michael G. Scales, individually and as President of Nyack College; David C. Jennings, individually and as Executive Vice President of Nyack College; Keith Davie, individually and as Athletic Director for Nyack College; Amanda Aikens, individually and as Assistant Athletic Director for Nyack College; and Nyack College

In the United States District Court for the Southern District of New York (White Plains, NY) 

S. Doe v. Kurt Ludwigsen, in his individual capacity; Kirsten Lambertson, in her individual capacity; Michael G. Scales, individually and as President of Nyack College; David C. Jennings, individually and as Executive Vice President of Nyack College; Keith Davie, individually and as Athletic Director for Nyack College; Amanda Aikens, individually and as Assistant Athletic Director for Nyack College; and Nyack College

In the United States District Court for the Southern District of New York (White Plains, NY) 

Y. Doe v. Kurt Ludwigsen, in his individual capacity; Kirsten Lambertson, in her individual capacity; Michael G. Scales, individually and as President of Nyack College; David C. Jennings, individually and as Executive Vice President of Nyack College; Keith Davie, individually and as Athletic Director for Nyack College; Amanda Aikens, individually and as Assistant Athletic Director for Nyack College; and Nyack College

In the United States District Court for the Southern District of New York (White Plains, NY) 

SOFTBALL COACH  WHO PLEADED GUILTY TO CRIMINAL SEXUAL ASSAULT COUNTERSUES HIS FORMER PLAYERS FOR ALLEGEDLY “MAKING FALSE ALLEGATION[S] OF SEXUAL HARASSMENT.”

Stealing a page from Bill Cosby’s playbook of accusing sexual assault victims of inventing their allegations, former Nyack College softball coach, Kurt Ludwigsen, has answered the Title IX sexual harassment lawsuits filed by six of his former student-athletes in federal court, with counter-claims.

Ludwigsen’s counter-claims allege that his former players made “false allegation[s] of sexual harassment” to employees of Nyack College, the police, press and others.

However, unlike Bill Cosby, on January 21, 2016, Ludwigsen has already pleaded guilty to seven counts of sexual assault against seven of his former players.  In addition, the criminal court docket reveals a written voluntary statement, dated April 9, 2015, signed by Ludwigsen, in which he confessed to South Nyack Police his pervasive criminal sexual harassment of the softball players.

As previously reported, six former softball players filed civil lawsuits against Nyack College, its administrators and Ludwigsen. Those lawsuits allege that Ludwigsen’s outrageous conduct included, among other things, routinely licking his players’ ears, kissing their lips and faces, slapping their buttocks, grabbing their breasts, directing them to sit on his lap, lying on top of them, commenting about their physical attributes, having sexually explicit conversations with them, inviting a pornographic actress known as Allie Haze to practice and directing students to life counseling sessions with her, directing an underage drinking outing where his players were instructed to dress in cocktail dresses and dance with male strangers and offering to assist players to attain employment in the adult entertainment industry.

Ludwigsen’s counter-claims fail to specify which of these, or any other, allegations of sexual harassment are allegedly false.

Currently, Ludwigsen is scheduled to be sentenced in his criminal case in the Rockland County Supreme Court, on March 29, 2016.

The plaintiffs are represented by the Law Office of Todd J. Krouner (Chappaqua, N.Y.). Mr. Krouner has experience representing victims of sexual harassment, sexual assault and discrimination in schools and workplaces throughout the New York City metropolitan area.

Copies of the complaints and Ludwigsen’s answer and counter-claims are available at www.krounerlaw.com. For further information, please contact the Law Office of Todd J. Krouner at (914) 238-5800.

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In the News – - “It Does Not Feel Like Justice”

February 9th, 2016Leave a comment

On February 3, 2016, the Washington Post reported that former Nyack College softball coach Kurt Ludwigsen pled guilty to seven misdemeanor counts of forcible touching involving his student-athletes.  

“It does not feel like justice,” said Todd J. Krouner, an attorney who represents six members of the Nyack College softball team in a civil lawsuit against Ludwigsen, Nyack College and several of the college’s administrators. The suit alleges discrimination under Title IX, retaliation and negligent hiring.

In addition to the seven misdemeanor charges, Ludwigsen had been charged with felony coercion, harassment in the second degree and misdemeanor sexual assault.  His student-athlete victims urged the prosecutor to pursue the maximum possible sentence, and were assured by the prosecutor that, at the very least, Ludwigsen would have to register as a sex offender. However, under the terms of the plea deal, Ludwigsen will not register as a sex offender, nor will he face any jail time. 

It takes tremendous courage for victims of sexual assault to come forward.  When they do, their voices should not be ignored.

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New York Daily News Reports On The Sixth Player To Sue Nyack College And Its Former Softball Coach

December 11th, 2015Leave a comment

Earlier this week, we filed our sixth complaint on behalf of student athletes who were sexually abused and discriminated against by their softball coach, Kurt Ludwigsen and Nyack College. Commenting on this most recent Title IX complaint, the New York Daily News reported: “The sicko accused of sexually abusing his players is also a raging homophobe – going so far as to out a lesbian student, a new federal lawsuit says.” A copy of the December 11, 2015 New York Daily News article is available here.

In addition to prior allegations of sexual abuse and sexual harassment, the latest complaint alleges that Coach Ludwigsen discriminated against a gay softball player, and got angry with her when she did not tell him that she was gay.

The complaint alleges that Coach Ludwigsen asked “if there were any ‘Lady Gagas’ on the team.” When the student indicated that she did not know what Coach Ludwigson meant, he made clear that by “Lady Gagas,” he was referring to lesbians.

In addition, the latest complaint alleges unlawful retaliation, when Coach Ludwigsen’s replacement conveyed the threat of Nyack College’s Athletic Director, Keith Davie, that any member of the softball team who sued Nyack College would be thrown off the team.  A copy of the complaint is available here.

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Drs. Atwal And Zimmerman Sued For LASIK Surgery Malpractice

November 23rd, 2015Leave a comment

PRESS RELEASE – FOR IMMEDIATE RELEASE 

Jacob Smith v. Amar Atwal, M.D., Jay S. Zimmerman, O.D., Amar Atwal, M.D., P.C., Atwal Eye Care and Buffalo Eye Care

In the Supreme Court of Erie County, State of New York, Case No. 813469/2015 

DRS. ATWAL AND ZIMMERMAN SUED FOR LASIK SURGERY MALPRACTICE

On November 20, 2015, Jacob Smith filed a complaint against Amar Atwal, M.D., Jay S. Zimmerman, O.D., Amar Atwal, M.D., P.C., Atwal Eye Care and Buffalo Eye Care, in the Supreme Court of Erie County, State of New York, for medical malpractice arising from the performance of elective LASIK eye surgery, which the patient never should have had because of pre-existing corneal disease. 

The complaint states that on May 30, 2013, Dr. Atwal performed elective LASIK eye surgery on both of Mr. Smith’s eyes. The complaint alleges that Dr. Atwal and Dr. Zimmerman, the optometrist, both screened Mr. Smith for, and recommended the elective LASIK eye surgery.  The complaint further alleges that Drs. Atwal and Zimmerman failed to recognize signs of corneal disease known as form fruste keratoconus, for which elective LASIK eye surgery is contraindicated.  As a result, Mr. Smith developed post-LASIK ectasia.  

The complaint also alleges that to treat the post-LASIK ectasia, Mr. Smith is scheduled to undergo collagen cross linking surgery (“CXL”), in the hope of preserving whatever vision remains in his eyes. CXL is an experimental surgical procedure, which is not currently approved for use in the United States by the United States Food and Drug Administration.  If the CXL experimental procedure is not effective in saving Mr. Smith’s vision, he may have to undergo further vision-threatening cornea transplant surgery.  

The complaint states that generally, individuals who are diagnosed with post-LASIK ectasia suffer from a host of problems related to diminished visual acuity and diminished quality of vision, including, without limitation, halos, blurry vision, glare, ghosting, starbursts, double vision, light sensitivity, contrast sensitivity, loss of depth perception, difficulty driving, especially at night, headaches, dry eyes and foreign body sensation. 

Mr. Smith is represented by the Law Office of Todd J. Krouner in Chappaqua, New York.  Mr. Krouner represents victims of LASIK surgery throughout the United States.  

A copy of the complaint is available here. For further information, please contact Todd J. Krouner, Esq., at (914) 238-5800.

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“New York’s Christian College,” Nyack College, Sued For Former Softball Coach’s Sexual Assault And Sexual Harassment

October 2nd, 2015Leave a comment

October 2, 2015 

PRESS RELEASE – FOR IMMEDIATE RELEASE

A. Doe v. Kurt Ludwigsen, in his individual capacity; Kirsten Lambertson, in her individual capacity; Michael G. Scales, individually and as President of Nyack College; David C. Jennings, individually and as Executive Vice President of Nyack College; Keith Davie, individually and as Athletic Director for Nyack College; Amanda Aikens, individually and as Assistant Athletic Director for Nyack College; and Nyack College

In the United States District Court for the Southern District of New York (White Plains, NY) 

E. Doe v. Kurt Ludwigsen, in his individual capacity; Kirsten Lambertson, in her individual capacity; Michael G. Scales, individually and as President of Nyack College; David C. Jennings, individually and as Executive Vice President of Nyack College; Keith Davie, individually and as Athletic Director for Nyack College; Amanda Aikens, individually and as Assistant Athletic Director for Nyack College; and Nyack College

In the United States District Court for the Southern District of New York (White Plains, NY) 

K. Doe v. Kurt Ludwigsen, in his individual capacity; Kirsten Lambertson, in her individual capacity; Michael G. Scales, individually and as President of Nyack College; David C. Jennings, individually and as Executive Vice President of Nyack College; Keith Davie, individually and as Athletic Director for Nyack College; Amanda Aikens, individually and as Assistant Athletic Director for Nyack College; and Nyack College

In the United States District Court for the Southern District of New York (White Plains, NY) 

“NEW YORK’S CHRISTIAN COLLEGE,” NYACK COLLEGE, SUED FOR FORMER SOFTBALL COACH’S SEXUAL ASSAULT AND SEXUAL HARASSMENT

On October 2, 2015, three female student athletes on the Nyack College women’s softball team filed complaints against Nyack College (Nyack, N.Y.) for claims stemming from multiple instances of sexual assault and sexual harassment committed by the college’s former Head Softball Coach, Kurt Ludwigsen. Earlier this year, the Rockland County District Attorney charged Ludwigsen with seven counts of felony coercion in the first degree, 94 counts of forcible touching, 94 counts of sexual assault in the third degree and two counts of harassment in the second degree.

The complaints allege that Ludwigsen’s outrageous conduct included routinely licking his players’ ears, kissing their lips and faces, slapping their buttocks, grabbing their breasts, directing them to sit on his lap, lying on top of them, commenting about their physical attributes, having sexually explicit conversations with them, inviting a pornographic actress known as Allie Haze to practice and directing students to life counseling sessions with her, directing an underage drinking outing where his players were instructed to dress in cocktail dresses and dance with male strangers and offering to assist players to attain employment in the adult entertainment industry.

The complaints further allege that Nyack College hired and retained Ludwigsen in 2014 notwithstanding publicly available information which indicated that (a) he had left a coaching position with the premier women’s softball program at the University of Arizona; (b) subsequently, he took a non-paying coaching position with an elite girls’ softball team, ages 15 to 18, in California, known as the NorCal Assault; (c) while coaching the NorCal Assault, he was the subject of a criminal investigation for sexual assault and sexual harassment against several of his young female players; and (d) while coaching the NorCal Assault, under the alias “Kurt Vogner,” he also founded and promoted a paid telephone service that linked pornography actresses (including Bree Olson, with whom he was photographed) to their “fans”. Nyack College markets itself as, “New York’s Christian College,” even though the complaints allege that Ludwigsen admitted that he was certainly not a “typical Christian coach.”

The plaintiffs allege that Ludwigsen engaged in a pattern and practice of outlandish sexual harassment and sexual assault while serving as Head Coach of the Nyack College women’s softball team during the 2014-2015 academic year. The plaintiffs further allege that Nyack College, through its administration and athletic department, discriminated against the plaintiffs and members of the softball team on the basis of their gender, in violation of Title IX, 20 U.S.C. §§ 1681 et seq. (“Title IX”), and retaliated against the plaintiffs and members of the softball team, in violation of Title IX, when they complained about Ludwigsen’s outrageous conduct in connection with his female student athletes. 

In addition to claims for sexual discrimination arising Title IX, the complaints also include claims of battery, intentional and negligent infliction of emotional distress, negligent hiring, negligent supervision and negligent retention.

The complaints also name Ludwigsen as a defendant, as well as Nyack College President Michael G. Scales, Nyack College Vice President David C. Jennings, Nyack College Athletic Director Keith Davie, Nyack College Assistant Athletic Director Amanda Aikens and former Nyack College Head Softball Coach Kirsten Lambertson, who served as Assistant Softball Coach during Ludwigsen’s tenure as Head Softball Coach.

The plaintiffs are represented by the Law Office of Todd J. Krouner (Chappaqua, N.Y.). Mr. Krouner has experience representing victims of sexual harassment, sexual assault and discrimination in schools and workplaces throughout the New York City metropolitan area.

Copies of the complaints are available here. For further information, please contact the Law Office of Todd J. Krouner at (914) 238-5800.

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In The News – - Consumer Digest Quotes Krouner on LASIK Hazards

September 28th, 2015Leave a comment

In the October 2015 issue of Consumer Digest, Todd J. Krouner is cited extensively in an editor’s note warning about complications of LASIK surgery.  In addition to criticizing the FDA for abandoning its oversight responsibilities, Consumer Digest echoes Krouner’s warning to consumers to: (1) avoid high volume LASIK facilities; (2) get an opinion from an ophthalmologist who does not perform LASIK surgery; (3) seek LASIK surgeons who have extra fellowship training in cornea; and (4) avoid bargain LASIK facilities that offer surgery for less than $1,000.

In the accompanying article, Krouner is critical of the FDA and LASIK surgeons who he contends underreport post-LASIK ectasia, the most devastating, vision threatening complication of LASIK.

If you or a loved one has been injured by a doctor, you should promptly contact an attorney with experience in medical malpractice.  The Law Office of Todd J. Krouner has a proven track record of helping patients injured by eye doctors (and other forms of medical malpractice) all over the country.  To determine if you have a strong case, contact us for a free consultation at (914) 238-5800.   

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Filed under: Latest News


Employment Discrimination, Venture Capital And The Jury

March 6th, 2015Leave a comment

Today’s New York Times reports, “Venture Capitalists Under Spotlight in Bias Suit.”  The article describes a sex discrimination claim by Ellen Pao against her former employer, the preeminent venture capital firm, Kleiner Perkins Caufield & Byers.

Apart from the generic evidence involving a male dominated business, which has no female senior partners, allegations of female junior partners being asked to perform secretarial tasks, and an amorous male partner knocking on Ms. Pao’s hotel room door wearing a bath robe and carrying a bottle wine, the most interesting part of the story concerns the jury.

The article reports that in this particular trial the judge permits the jury to question the witnesses directly.  According to the New York Times, a juror asked John Doerr, the “most famous and successful venture capitalist in the word” the following question: “Were women simply not interested in becoming venture capitalists, ‘or did the venture capital world fight them off’?”

As a trial attorney, I am impressed with the intellect and articulateness reflected in this juror’s question.  I believe it encapsulates the issue in this case specifically, and in the world of gender discrimination more broadly, better than I have heard any lawyer articulate. As a student of the jury system, I would not expect the trial to end well for Mr. Doerr or his Kleiner Perkins firm.

If you or loved ones have been discriminated against on the basis of gender, race, national origin, age, disability or sexual orientation, you should promptly contact an attorney with experience in the field of employment law.  The Law Office of Todd J. Krouner has a proven track record of helping our clients with their discrimination claims.  To determine if you have a strong case, please contact us for a free consultation at (914) 238-5800.

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In The News – LASIK Verdict Hall of Fame

November 26th, 2014Leave a comment

On Monday, November 24, 2014, the New York Law Journal, in conjunction with Verdict Search.com, named Todd J. Krouner in its “Verdict and Settlements Hall of Fame: Medical Malpractice.”

The Hall of Fame verdict was $5.8 million in a LASIK malpractice case, in which the surgeon was negligent in screening the patient for eye surgery.  As a result, the patient developed post-LASIK ectasia, which is a vision threatening disease that impacts quality of vision, resulting in symptoms such as double vision, glare and halos.  The New York jury awarded, and the appellate court recently affirmed, $3.1 million just for the patient’s pain and suffering.  That pain and suffering award is the highest of its kind for an eye injury.

Together with Mr. Krouner’s previous $7.25 million verdict in Schiffer v. Speaker, Mr. Krouner has the two largest verdicts involving LAISK surgery negligence.

If you or a loved one has been injured by a doctor, you should promptly contact an attorney with experience in medical malpractice.  The Law Office of Todd J. Krouner has a proven track record of helping patients injured by eye doctors (and other forms of medical malpractice) all over the country.  To determine if you have a strong case, contact us for a free consultation at (914) 238-5800.

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Visiting Nurse Service Is Sued For Negligence And Fraud

November 4th, 2014Leave a comment

November 4, 2014 

PRESS RELEASE – FOR IMMEDIATE RELEASE 

Dorothy Buxton v. Visiting Nurse Service of New York Inc., Visiting Nurse Service of New York Home Care Inc. and Jane Doe 1-10

In the Supreme Court, Bronx County, New York 

VISITING NURSE SERVICE IS SUED FOR NEGLIGENCE AND FRAUD

On September 4, 2014, Dorothy Buxton filed a complaint against Visiting Nurse Service of New York Inc. (“Visiting Nurse Service”), Visiting Nurse Service of New York Home Care Inc. and Jane Doe 1-10 (collectively, the “Defendants”) for negligence and fraud in her care. 

Dorothy Buxton is currently a 96-year-old woman. She is substantially impaired in her ability to speak due to her significant disabilities. In October of 2013, Dorothy Buxton suffered a fractured femur while under the care of Visiting Nurse Service. In addition to requiring surgery, Dorothy Buxton also had an extended stay in hospice care due to the severity of her injuries.

 At the time of her injuries, Dorothy Buxton was under the constant care and supervision of the Visiting Nurse Service 24 hours per day, seven days per week. Furthermore, during her care under the Visiting Nurse Service, Dorothy Buxton became increasingly reliant on the home health aides’ use of a Hoyer Lift. A Hoyer Lift is a device for hoisting an immobile person, such as Dorothy Buxton, in and out of her bed or chair. The complaint contends that a home health aide caused serious personal injuries to Dorothy Buxton, on or about October 4, 2014, by dropping her while attempting to use the Hoyer Lift, or by other means.

 In conjunction with Defendants’ negligence, the complaint alleges that the Defendants also failed to report that they had caused Ms. Buxton serious personal injuries. Consequently, the complaint alleges that Defendants not only caused Dorothy Buxton’s serious injuries but also concealed them from her family.

 Ms. Buxton lives in the Bronx, New York. She is represented by the Law Office of Todd J. Krouner in Chappaqua, New York.  Mr. Krouner has extensive experience in litigating personal injury actions. If you have been injured as a result of negligence, please contact the Law Office of Todd J. Krouner for a free consultation.

 A copy of the complaint is available here.  For further information, please contact Todd J. Krouner, Esq., at (914) 238-5800.

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