Thursday, October 1, 2026
A Valley Stream law firm obtained a $7 million jury verdict for a 64-year-old construction worker who fell through a roof during an asbestos-removal project in Queens, with the firm’s trial strategy focusing heavily on medical evidence and challenging the defense’s explanation for her injuries.
Moses Lachman, trial counsel at Magendzo Law, handled the trial with the firm. Jonathan Tamir is a partner who oversees litigation, while Eitan Magendzo is the managing partner. The firm, which was established in 2019, operates as a boutique practice in Valley Stream.
The plaintiff, Altagracia Hernandez, was working on a roof when a piece of plywood collapsed beneath her, according to Lachman. She was not provided with safety equipment, including a harness or belt, he said.
Hernandez suffered torn ligaments in both knees and underwent arthroscopic surgery on each knee. She also sustained injuries to her neck, back and shoulder.
“The defendants originally didn't offer any reasonable settlement for her injuries,” Lachman said. “So, we went ahead, and we actually tried the case.”
The jury awarded $3 million for past pain and suffering and $4 million for future pain and suffering over a 15-year future expected life expectancy.
The case presented several complications beyond the injuries themselves. According to Lachman, multiple parties were involved and defendants pointed responsibility at one another. The case was nearly six years old by the time it went to trial.
The firm’s preparation centered on establishing that Hernandez’s injuries were caused by the accident rather than preexisting or degenerative conditions.
The physician who performed both knee surgeries testified at trial that the injuries resulted from the accident and were permanent. The defense presented its own medical expert, who attributed the injuries to degeneration rather than the fall.
To counter that testimony, the firm reviewed the defense doctor’s testimony from prior cases and used it to challenge his credibility before the jury.
The firm spent nearly $30,000 preparing for the trial. That spending was part of an approach they described as investing heavily in a case when the expense can strengthen the client’s position. The firm uses private investigators, accident reconstruction experts, engineers and visual presentations when appropriate, according to the attorneys.
“This is not your typical run-of-the-mill where we just file the paperwork and run through the motions,” Tamir said. “We really think differently.”
For the Hernandez trial, the focus was on making the medical evidence understandable to jurors as well as establishing the connection between the accident and the injuries.
The firm said the $7 million verdict was among New York’s largest verdicts of 2025, and specifically described it as the 28th-largest verdict statewide.
“This just adds more fuel to what we do because to the firm it means that we establish ourselves; every jury verdict establishes more how we are a real trial firm, and we're a real player over here,” Tamir said. “People need to put the respect where it deserves and have the clients respected when we represent them because they know we're going to do a good job, and that's the culture that we are building here, and we're doing it successfully.”
The verdict has not concluded the case. The defendants subsequently challenged the award, arguing that it was excessive and contrary to the weight of the evidence. Magendzo Law opposed the motion and cited other cases involving comparable injuries in support of the award.
