The New York Appellate Division has upheld a lower court's decision in a personal injury case involving allegations of fraud. The ruling affects Alba Ivelisse Infante, who is seeking damages for injuries sustained in a car accident, and Georgios Manolarakis, the defendant who claims the accident was staged. This case highlights the complexities of personal injury claims and the potential for counterclaims in such disputes.
The case, Infante v. Manolarakis, was filed under docket number 2025-13778. It stems from an incident that occurred in November 2023 when Infante was a passenger in a vehicle driven by her husband, Miguel A. Infante Garcia. The couple was involved in a collision with a vehicle operated by Manolarakis on the Belt Parkway in Brooklyn. Infante claims that the accident caused her significant injuries and is seeking compensation for those damages.
In response to Infante's lawsuit, Manolarakis filed an amended answer that included a counterclaim alleging fraud. He claimed that Infante and her husband staged the accident to collect insurance money. This counterclaim prompted Infante to file a motion to dismiss it, arguing that the allegations were unfounded. However, Manolarakis opposed the motion, providing his own affirmation and that of a biomechanical engineer who suggested that Infante's injuries were inconsistent with the circumstances of the accident.
On November 7, 2025, the Supreme Court of Kings County, led by Judge Aaron D. Maslow, denied Infante's motion to dismiss the counterclaim. The court ruled that the counterclaim presented a valid cause of action for fraud and met the legal requirements necessary to proceed. The court stated, "the counterclaim set forth a cognizable cause of action alleging fraud and stated in sufficient detail the facts constituting the wrong." This ruling allowed Manolarakis's counterclaim to remain part of the case.
The Appellate Division, which includes Judges Francesca E. Connolly, Linda Christopher, Barry E. Warhit, and Donna-Marie E. Golia, affirmed the lower court's decision without any changes. The judges agreed that the counterclaim provided enough detail to support the allegations of fraud against Infante and Garcia.
This ruling has significant implications for personal injury cases in New York. It emphasizes that defendants can pursue counterclaims when they believe a plaintiff has engaged in fraudulent behavior. The court's decision also reinforces the importance of presenting detailed facts in legal pleadings, particularly in cases involving allegations of fraud.
Going forward, this case may influence how personal injury claims are handled in New York. It highlights the potential for counterclaims and the need for plaintiffs to be prepared for challenges to their claims. The ruling also serves as a reminder that allegations of fraud can complicate personal injury cases, potentially leading to lengthy legal battles.
As for next steps, it is unclear whether Infante plans to appeal the Appellate Division's decision. The court filing did not provide information on any related cases pending in connection with this matter. However, the outcome of this case could set a precedent for future personal injury claims involving allegations of fraud in New York.