Cases
Experience: Representative Litigation Trials: Weintraub v. Petervary, District Court, Suffolk County (Legal Malpractice) - Represented attorney in a legal malpractice case arising out of an underlying equitable distribution case. Defendant asserted multi-million dollar legal malpractice counter-claim in response to a main action fee claim. Defendant alleged that our client-attorney was negligent in not securing arguable, marital property located in the United States
preventing same from disappearance to Hungary
not retaining proper experts to value marital property
/or increased value to separate property during marriage
in h
ling of ED hearings, among other things. The case was tried over 12 days, with COVID protocols, lasting 6 months,
was ultimately settled for favorable amount (subject to confidentiality agreement).
Abrams v. Cross Sound Ferry Service, Inc., United States District Court, Eastern District of New York (Maritime Law). Represented one of the largest privately-owned ferry companies in the United States. Plaintiff claimed that she tripped
fell on ferry boat owned
operated by Cross Sound Ferry
consequently sustained serious personal injuries. Plaintiff claimed that CSFS was negligent in ownership
operation of the ferry boat. The case was jury tried over the course of two weeks
after due deliberation, the jury returned a defense verdict in favor of CSFS.
Cullen v. PWV Acquisitions
Nouveau Elevator Industries, Inc., Supreme Court, New York County (Elevator case). Represented Nouveau Elevator Industries in a door-strike case. Plaintiff claimed that as she exited the elevator car, the doors closed 'too fast
with too much force'. As a result, she was struck
fell,
sustained serious personal injuries including a fractured hip. The elevator car was equipped with cameras which captured the accident on video. Nouveau contracted with the building owner to provide regular maintenance. The case went to trial with allegations from plaintiff
co-defendant-owner of negligence
Nouveau's responsibility for same. We prepared a trial defense based on dwell times being according to code (
subject to owner's discretion) as well as code provisions governing door reopening devices which contemplate contact prior to door reversal. The case settled with contribution from owner for a favorable amount during trial.
Dur
o v. GMD Shipyard, Brooklyn Navy Yard
the City of New York, Supreme Court, Kings County (Labor Law & Maritime Law). Represented the City of New York in a shipyard accident case. Plaintiff claimed that he fell into tanker storage hold
consequently sustained serious personal injuries. Pre-trial motion practice resulted in seminal maritime preemption doctrine. The damages case was jury tried over the course of four (4) weeks
involved twelve (12) experts. After due deliberation, the jury returned a favorable damages verdict.
Cliszis v. Nouveau Elevator Industries, Inc.,Supreme Court, Nassau County (Elevator case). Represented Nouveau Elevator Industries, Inc. in a mis-leveling case. Plaintiff claimed that he fell as she exited a mis-leveled elevator
consequently sustained serious personal injuries. The case was jury tried over the course of three (3) weeks
during deliberations, the case was settled.
Sunray Solar v. Lamb, et al.,. United States District Court, Eastern District of New York (Legal malpractice/tortious interference/business tort case). Plaintiff claimed that his former partner in a solar business venture, with assistance from his attorney (who we represented) engaged in wrongful actions giving rise to claims of breach of contract, tortious interference with contractual relations, business relations
prospective economic advantage. The case was tried to a jury over the course of several weeks
included business valuation experts. Ultimately, we obtained a confidential settlement on behalf of client after charge conference
case went to jury verdict of $1 million against former partner.
V
er Schauw v. Cross Sound Ferry Services, Inc., Supreme Court, New York County (Maritime Law) -Represented a ferry company in a general maritime case. The plaintiff claimed the defendant was negligent in its freight storage practices in that a beach chair was able to encroach into the passenger walkway. As a result, the plaintiff sustained a fractured shoulder which required open reduction
internal fixation. Undisputed expert testimony confirmed the plaintiff's residual loss of range of motion. The plaintiff dem
ed $450,000
asked the jury for $650,000. After a two-week jury trial, successfully obtained defense verdict on liability.
Pharsi v. Hecht,Civil Court, Queens County (Legal Malpractice) - Represented an attorney in a legal malpractice case arising out of underlying contentious constructive trust action. In the underlying action, a default judgment was entered against the plaintiff
as a consequence, she was divested for her 50 percent interest in her marital domicile. The plaintiff alleged that she retained the defendant to file a motion to vacate the default (which was denied)
appealed denial of the vacation application. At trial, we defended on the lack of evidence of a departure from generally accepted st
ards
the absence of 'but/for' causation. Obtained defense verdict.
Conklin-Penwell v. Riverhead Lodge No. 2044, BPO Elks, Supreme Court, Suffolk County (Adverse Possession, Private Nuisance) - Defended Riverhead Elks against claims of adverse possession
private nuisance. Plaintiff claimed that she obtained title to a portion of Elk's property via RPAPL 522
that the Elk's lawn mower races constituted actionable private nuisance. After 5 day trial, the court returned a defense verdict based on plaintiff's failure to prove elements of either claim.
Prakope v. Gateway Marina., Supreme Court, Kings County (General Liability) -Represented marina in general liability case arising out of a golf cart accident on the docks. The plaintiff claimed the defendant backed a golf cart into him on the docks, thereby knocking him down. As a result, the plaintiff sustained multiple disc injuries, which required multiple surgical procedures, including fusions. The plaintiff dem
ed $400,000
asked the jury for $750,000. Ultimately, the plaintiff obtained a jury verdict of $132,000.
Campbell v. Block Isl
Ferry Services, Inc.,United Stated District Court, Eastern District of New York (Maritime Law) -Represented a ferry company in a general maritime case. The ferry company operated a ferry service between Block Isl
New London, Ct. via the vessel Jessica W., a 160a 2 wave-piercing catamaran equipped with ride-control systems. The plaintiff,
her maritime expert, claimed that the ferry company was negligent in its operation of the Jessica W. as she rounded the 1BI buoy (NE end of Block Isl
) where notoriously dangerous waters exist. As a consequence, the plaintiff was thrown inside the passenger compartment
sustained a fractured shoulder, which required open reduction
internal fixation surgery. The jury deliberated over two days
returned a defense verdict on liability.
Vitiello v. Surfside Village Condominium,et al., Supreme Court, Richmond County (Directors & Officers Liability) - Represented a Board of Managers in a dispute between a condo
an individual unit owner in which the plaintiff, resident/owner of the condominium unit alleged that an adjoining (but independent) condominium was encroaching on her parking space, which was an exclusive, restricted use common element pursuant to the condo Offering Plan
By-Laws. The plaintiff claimed that the Board of Managers breached its fiduciary duties in not protecting the common elements. The case tried
resulted in a defense verdict.
Belvery v. Surfside Village Condominium,et al.,Supreme Court, Richmond County - Involved same issues as Vitiello, was consolidated for trial
same result obtained.
Kennedy v. Cross Sound Ferry Service, Inc., Supreme Court, Suffolk County (Maritime Law) - Represented one of the largest privately-owned ferry companies in the United States. The plaintiff claimed that she slipped
fell on a ferry boat owned
operated by Cross Sound Ferry. The plaintiff claimed that the insured was negligent in ownership
operation of the ferry boat. The case settled for defense costs after jury selection.
Walker v. Con Edison,et al.,Supreme Court, Kings County (General Liability) - Represented a bank in a slip/fall case in which the plaintiff slipped
fell on sidewalk. The plaintiff sued the building owner (l
lord), bank (lessee)
Con Ed. Case involved both general negligence (slip/fall) issues
commercial (lease interpretation) issues as between defendants. The case settled after jury selection for a significant amount in total, but only a nuisance value contribution from bank.
Pilch v. Astoria Federal Savings & Loan,Supreme Court, Kings County (Bank Fraud) - Represented a bank in a fraudulent check case in which the plaintiff deposited a check in bank
immediately withdrew funds from the bank. Subsequently, the check was determined to be fraudulent (part of a lottery scam). The bank sought return of funds from the plaintiff, who refused to return the same. The plaintiff was subsequently arrested by the New York Police Department
prosecuted by district attorney. The plaintiff alleged malicious prosecution
intentional infliction of emotional distress. The case tried
settled for nuisance immediately prior to jury deliberation.
Black v. 22321 Owners Corp.,et al.,Supreme Court, New York County (Directors & Officers Liability) - The plaintiff, a shareholder
proprietary lessee of cooperative apartment, sought to renovate her apartment. The plaintiff claimed that the Co-op Board of Directors unreasonably withheld approval of her proposed renovation application in violation of proprietary lease
in breach of fiduciary duties. Prior to trial, we filed a successful motion to dismiss the individually named member of the Board of Directors. Trial ensued against the Co-op Corp.
Board. During trial, equitable damages claims were resolved
trial on money damage claims adjourned to future date.
Notable Decisions on Motion: AVC Properties v. Village of Mamaroneck Planning Board, Board of Trustees,
Zoning Board of Appeals, Supreme Court, Westchester County (Municipal Law) - represented Village
its Boards in a protracted
contentious hybrid action. Petitioner/Plaintiff was a developer granted approval for a 3-lot subdivision with conditions. Subsequently, AVC improved the lot in ways that violated multiple conditions, resulting in ZBA
PB Resolutions. In response, AVC chose litigation, rather than remedying the violations, with allegations of ultra vires, arbitrary
capricious acts. With extensive an record
return,
comprehensive briefing, we answered the Petition
filed MSJ as to Complaint
successfully obtained denial of the Petition
dismissal of the hybrid action, thereby vanquishing AVC's protracted bid to overturn proper municipal action.
Collins v. United States Postal Services, United States Circuit Court of Appeals, Second Circuit (Federal Tort Claims Act- Putative Legal Malpractice). Retained as appellate counsel to trial counsel to a Plaintiff in a FTCA case. Briefed
argued a matter of first impression in the Second Circuit. Successfully obtained a Circuit Court decision (reversing the District Court) holding that claimants must only provide minimal notice to a U.S. agency, of their personal injury claim, to satisfy the 'presentment' requirement of the Federal Tort Claims Act. The underlying case involved a pedestrian who was struck
injured by a USPS tractor-trailer. Trial counsel provided a Form 95 to the USPS, which described injuries in detail
dem
ed $10 million. In the District Court action, the USPS obtained dismissal of the Complaint for failure to satisfy the presentment requirement of the FTCA, by arguing that the Form 95 only provided a snapshot of his injuries, but not detail or documentation of his future hospitalizations. The Second Circuit issued a 34-page decision reversing the District Court. In essence, the Circuit accepted all arguments
held that only minimal notice of personal injuries satisfied the FTCA's 'presentment' requirement.
Morrison v. Long Isl
Railroad
Nouveau Elevator Industries, Inc., Supreme Court, Suffolk County (Escalator case). Represented Nouveau Elevator Industries in an escalator accident case. Plaintiff made ambiguous claims that as she ascended a LIRR platform escalator, as she neared to top, the escalator began to 'shake violently', causing her to fall all the way down to the l
ing. Nouveau
the LIRR had entered into a full service maintenance contract providing for resident services at the LIRR station. On behalf of Nouveau, we filled MSJ as to the complaint
crossclaims, arguing that the escalator was not defective
that we had no notice of any defective conditions. In opposition, Plaintiff contended (supported by an Expert Affidavit from Patrick Carrajat) that Nouveau was negligent
had notice of the defective conditions, or should have had notice had it performed proper inspections. The LIRR also opposed our MSJ arguing that pursuant to the full service contract Nouveau, if anyone, was responsible for any defective conditions with the escalator. Finding that there was no evidence of negligence, the Court granted Nouveau summary judgment, dismissed the complaint
dismissed the LIRR's crossclaims for contractual
common law indemnity
contribution.
Molina v. Faust Goetz Schenker & Blee, LLP, United States District Court, Southern District of New York (Legal Malpractice) - Plaintiff brought suit against the defendant law firm
one of its former associates alleging that the defendants had negligently allowed substantial default judgments to be entered against him in two property damage actions filed in New York state court. Before commencing the legal malpractice action, Plaintiff entered into a pair of assignment agreements with the primary judgment creditor in the state court cases. We filed a motion for summary judgment on the ground that Plaintiff's malpractice claim was barred by judicial estoppel. In a case of first impression, DJ Lewis A. Kaplan held that the equitable doctrine of judicial estoppel precluded a judgment-debtor (such as Plaintiff) from suing as the assignee of the judgment-creditor
cannot recover for legal malpractice against the debtor's attorneys. Judge Kaplan's decision st
s as a check on abusive assignments of legal malpractice claims in New York.
Golden v. Nouveau Elevator Industries, Inc., Supreme Court, Westchester County (Elevator case) - Represented Nouveau Elevator in a mis-leveling case. Plaintiff alleged that Nouveau was negligent in failing to inspect
maintain elevator at Phelps Hospital. We moved for summary judgment based on absence of evidence of elevator defect, notice, prior complaints
inapplicability of doctrine of res ipsa loquitor. The Court granted Nouveau summary judgment.
Pastorino v. The City of New York, Supreme Court, New York County (Maritime Law) - Represented marine contractor in barge accident case. Plaintiff was injured as he attempted to egress a tug
ingress a barge. He claimed the tug was not seaworthy
/or adequately configured
asserted general liability
Labor Law claims. We moved for summary judgment dismissing the complaint, based 'bare-boat' charter of tug to co-defendant,
on cross-claims for contractual indemnity. The court granted the motion finding that the bareboat charter agreement relieved our client from any liability for the happening of the accident. In addition, the Court also the client contractual indemnity based on the clear
unambiguous language of the bareboat agreement.
Ali v. Chakrabarti, et al., Supreme Court, Queens County (Insurance Broker Malpractice) - Represented an insurance broker in a failure to procure case in which the plaintiff claimed that the broker failed to procure insurance covering his loss. Obtained summary judgment based on an absence of duty.
Ballard v. Englewood Contracting, et al. (Real Estate Broker Malpractice), Supreme Court, Orange County -Represented a real estate broker in a professional liability
breach of contract case arising out of a real estate transaction in which the plaintiff claimed that his attorney, title company
real estate broker conspired to defraud him in connection with the transaction by not disclosing liens on the property. Obtained dismissal of the complaint
cross-claims based on absence of duty.
Marsh USA v. Krauter & Co., et al., Supreme Court, Commercial Division, New York County (Commercial/Business Torts) - Represented an insurance broker in this commercial matter in which the plaintiff claimed that our client tortiously interfered with its contractual
business relations by pirating key employees (in violation of the employees' employment agreements, non-solicitation clauses, noncompete clauses)
misappropriated trade secrets. The case settled for defense costs during a hearing on the plaintiff's application for a Preliminary Injunction/Temporary Restraining Order.
Fern
ez v. City of New York, Supreme Court, Kings County (Labor Law, LHWCA) - plaintiff sustained serious injuries while working at Brooklyn Navy Yard. He brought claims against the City of New York
Navy yard pursuant to Labor Law
Longshoremen's
Harbor Workers Compensation Act. We filed motion for summary judgment for failure to satisfy General Municipal Law (
inapplicability of preemption doctrine promulgated by 33 USC 933(a)). The court agreed that GML was not preempted by LHWCA
granted summary judgment dismissing the complaint.
Maglione v. Seabreeze by Water, Inc. Supreme Court, Westchester County (Premises) - Plaintiff slipped
fell down exterior iron staircase
sustained a traumatic brain injury. Evidence showed that the staircase violated the Westchester building code. We filed a motion for summary judgment arguing that while the code may have been violated, based on certain admission elicited from plaintiff at deposition, the violations were not the proximate cause of the accident. The court agreed
granted our client summary judgment.
Keizman v. Hershko, et al., Supreme Court, Nassau County (Legal Malpractice) - Represented attorneys in a legal malpractice/aider
better case in which the plaintiff claimed that attorneys conspired with their fraudster clients. Obtained pre-answer dismissal of complaint.
Stewart v. Kershko, Supreme Court, Kings County (Legal malpractice) - Represented an union-appointed lawyer in a legal malpractice case. Obtained Stipulation of Discontinuance after filing motion to dismiss based on application of Duty of Fair Representation st
ard.
Gould v. City of New York, et al., Supreme Court, Kings County (Maritime Law) - Represented the City of New York
Brooklyn Navy Yard in a wrongful death case in which the plaintiff's decedent was killed while repairing a vessel dry-docked at Navy Yard. The plaintiff asserted Labor Law 200, 240
241 claims. Case settled after mediation.
Reyderman v. Meyer Berfond Trust, et al., Supreme Court, Appellate Division, Second Judicial Department-Represented a bank (tenant) in a third-party action commenced by a building-owner (l
lord) seeking contractual indemnity based on lease agreement, following slip
fall on adjacent sidewalk. The l
lord moved for summary judgment against the bank on the issue of contractual indemnity. We opposed, citing the absence of a contractual duty
that the locus in quo was not within the 'demises premise.' After oral argument, Appellate Division affirmed trial court.
