Managing Partner Scott Brody, on behalf of Brody Law Group, is pleased to announce a litigation victory in Delgado v. 50-05 43rd Avenue Corp., et al. (705761/2022). Supreme Court Justice Anna Culley granted Brody Law Group Counsel Rajendra Persaud’s motion to amend the Answer to assert a fraud counterclaim and vacate the Note of Issue to reopen discovery—an outcome rarely achieved once a case is certified trial-ready.
This decision came after the Court examined the defense motion submission demonstrating how plaintiff Delgado’s claims were linked to a broader constellation of related plaintiffs and interconnected personal injury actions, non-attorney ‘runners,’ recurring medical mills, shared addresses and familial links, and even connections to federal RICO actions alleging a coordinated fraud network. These factors collectively persuaded the Court that further discovery was necessary.
In its ruling, the Court rejected plaintiff’s assertion that the defense’s theory was based on speculation. Instead, Justice Culley found that the submissions established concrete links among the plaintiff and several individuals involved in other personal-injury actions. The Court emphasized that the relationships were not limited to casual online associations; rather, the overlap was significant enough that one such individual from a related action appeared to share a residence with the plaintiff.
The decision reflects the totality of red flags revealed across the moving papers and represents a motion victory for the defense. It reopens the case for further investigation into the patterns the Court recognized and affirms Managing Partner Scott Brody’s commitment to evidence-driven advocacy in high-exposure, fraud-adjacent litigation.
Congratulations to all members of Brody Law Group litigation team for their work in securing this result.
