Annette G. Hasapidis

Practice Details

• Firm Information
  Position

  Counsel
• Representative Cases & Transactions
  Cases

  Reported Cases: In Weiss v Tri-State Consumer Ins. Co., 98 AD3d 1107 (2d Dep't 2016), the Second Department reversed its earlier precedent
  held that SUM insurance coverage should not be offset by payments from a non-motor vehicle bodily injury insurance policy.
  In Palydowycz v Palydowycz, 138 AD3d 810 (2d Dep't 2016), the Appellate Division, Second Department, held that the husb
  's medical practices hold a value, distinct from the income stream that the medical practices generated. As a result, the wife was entitled to maintenance based on the income stream from the practices in addition to a share of the value of the medical practices themselves. This ruling constituted a departure from the Second Department's earlier decisions on this issue.
  In Auqui v. Seven Thirty One Limited Partnership, 22 N.Y.3d 246 (2013), Ms. Hasapidis represented a worker who was injured when a sheet of plywood fell from a 50-story-high construction site
  struck him on the head as he walked down a New York City street. On February 14, 2013, the Court of Appeals, for the first time, granted collateral estoppel effect to Decisions of the workers' compensation board in third-party actions regarding disability issues. The Decision jeopardized the right to a jury trial on those issues
  would have a serious impact on the ability of injured workers to seek justice through the court system, while also undermining the workers' compensation system. Ms. Hasapidis requested that the Court of Appeals grant reargument of its Decision
  Order, which is rarely granted. Yet, the Court granted reargument
  , after a second round of briefing
  oral argument, the Court unanimously vacated the earlier Decision,
  held that a determination of the workers' compensation board as to duration of disability could not be granted preclusive effect.
  Perl v. Meher, 2011 WL 5838721 (2011) (holding, inter alia, that in a threshold personal injury case, a plaintiff is not required to proffer contemporaneous numerical measurements of range of motion in order to defeat summary judgment).
  Natiello v. Carrion, 73 A.D.3d 1070 (2d Dep't 2010) (annulling determination that mother failed to provide adequate supervision of her 16 year old autistic son
  had committed educational neglect of her other emotionally disturbed son).
  Verdugo v. Seven Thirty One Ltd. Partnership, 70 A.D.3d 600 (1st Dep't 2010) (dismissing the act of God affirmative defense,
  determining that the existence of 30 mph winds, which caused plywood to become airborne
  strike Plaintiff in the head, was not an unusual, extraordinary
  unprecedented event ).
  Valdez ex rel. Donely v. U.S., 518 F.3d. 173 (2d Cir. 2008) (reinstating a plaintiffs' medical malpractice action as timely based upon federal accrual
  equitable estoppel rules).
  Ellis v. Chao, 336 F.3d 114 (2d Cir. 2003) (finding that c
  idate for a union election raised a question of fact whether the Secretary of Labor's decision not to sue to set aside a union election was arbitrary
  capricious).
  Galanos v. Galanos, 20 A.D.3d 450 (2d Dep't 2005) (disqualifying the husb
  's counsel in a matrimonial action who had represented the wife's father in prior proceedings
  the first case in New York to find that a father
  child's finances were so inextricably intertwined as to justify disqualification).
  Massimi v. Massimi, 35 A.D.3d 400 (2d Dep't 2006) (ruling that the husb
  had commingled marital
  separate property, thereby entitling the wife to a distributive award of that property).
  Xiao Yang Chen v. Fischer, 6 N.Y.3d 94 (2005) (as amicus curiae counsel for the Women's Bar of the State of New York) (ruling that joinder of tort claims in a matrimonial action is permissive, not m
  atory).