Lester Schwab Katz & Dwyer, LLP (New York, NY) Partner Alfredo Alvarado & Co-Counsel Michael Mezzacappa Received a Favorable Defense Verdict in Firefighter Trial

On August 21, 2023 a New York County jury returned a unanimous defense verdict in a case involving a career-ending injury to a NYC firefighter. Alfredo Alvarado and co-counsel, Michael Mezzacappa, jointly tried this matter over three weeks including jury selection before the Hon. David Cohen. Plaintiff blamed their client, a building owner, for violations of two predicate statutes that applied to a roof. The firefighter was injured when he fell over alleged pre-existing debris while ventilating the roof during an active, top-floor fire. Alfredo and Michael argued that that debris was created by the actions of the firefighters in opening the hole. Plaintiff sustained a herniated disc in his thoracic spine which resulted in a fusion and allegedly him unable to work in a capacity. Plaintiff requested $18,000,000 from the jury. The defense offered into evidence pre-accident aerial photographs from Google to establish that the building owner properly maintained its building and never allowed or caused or created any debris to be on the roof prior to and at the time of the fire.