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Waitress Suing Customer For Battery Denied Order Freezing Customers' Assets

A Manhattan Supreme Court Justice, Robert Kalish on November 27, 2017, denied a plaintiff's motion for a preliminary injunction freezing the assets of a customer she sued for battery. The waitress was working at the Le Bain Nightclub in the Standard Hotel when she claimed that she was attacked by a tall man she had never seen before who: "grabbed me and called me a bitch three times...and he kneed me and kicked me in the vagina." The defendant explained that he was dancing on the dance floor when the waitress yelled at him accusing him of attacking her. Based on the complaint and a videotape of the incident, the defendant was arrested for assaulting the waitress and ultimately pleaded guilty to disorderly conduct.

The Court refused to freeze the defendant's assets despite his making withdrawals from bank accounts valued at $42,000. The Court cited to a Court of Appeals decision from 17 years ago reaffirming a longstanding principle that "the mere danger of asset-stripping is not a sufficient basis to make an exception to the general rule"...that a plaintiff in a personal injury case has no right to interfere with a defendant's property rights prior to obtaining a judgment in her favor.

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts of 2011" and "Top New York Settlements of 2012." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He is a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!

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