Representative Cases

View of a list of our defense verdicts/dismissals and/or discontinuances at trial. Our recent representative cases include:


Construction and Surety Law

Leon D. DeMatteis Constr. Corp. v. General Services Administration, United States Civil Board of Contract Appeals - Obtained $27.5 million equitable adjustment through mediation.


City of New York v. American Safety Casualty Ins. Co., 119 A.D.3d 407, 990 N.Y.S.2d 7 (1st Dep't 2014) - Successfully defeated claim by the City of New York that a surety is obligated to pay fines and penalties assessed against its principal roadway contractor under permit bonds.


Cuffe v. Supercuts, 83 A.D.3d 1344 (3d Dep't), lv. denied, 17 N.Y.3d 705 (2011) - Successfully defended an appeal of the denial of workers’ compensation benefits to an employee claiming cervical spine injuries sustained through the course of her employment.


150 Nassau Assocs., LLC v. Liberty Mutual Ins. Co., 36 A.D.3d 489, 826 N.Y.S.2d 567 (1st Dep’t 2007)


49 East 21 LLC v. C.H. Schmitt & Co., Inc., 46 A.D.3d 391, 847 N.Y.S.2d 462 (1st Dep’t 2007)


120 Greenwich Development Assocs., LLC v. Reliance Ins. Co., No. 01 Civ. 8219, 2004 WL 1277998 (S.D.N.Y. June 8, 2004)


153 Hudson Development, LLC v. DiNunno, 8 A.D.3d 77, 778 N.Y.S.2d 482 (1st Dep’t 2004)


Albin v. Dallacqua, 254 A.D.2d 366, 679 N.Y.S.2d 402 (2d Dep’t 1998)


Application of Leewen Contracting Corp. v. Department of Sanitation, 272 A.D.2d 246, 708 N.Y.S.2d 384 (1st Dep’t 2000)


Arc Electrical & Mechanical Contractors Corp. v. Invensys Building Systems Inc., 2 A.D.3d 314, 770 N.Y.S.2d 299 (1st Dep’t 2003)


Breslin Realty Development Corp. v. Richard B. Lituchy d/b/a RBL & Assocs., Architects, 269 A.D.2d 554, 703 N.Y.S.2d 746 (2d Dep’t 2000)


City of New York v. Cross Bay Contracting, 93 N.Y.2d 14, 686 N.Y.S.2d 750 (1999)


City of New York v. Uniformed Firefighters Assoc’n, Local 94, IAFF, AFL-CIO, 58 N.Y.2d 957, 447 N.E.2d 69, 460 N.Y.S.2d 521 (1983)


Comprehensive Care Management Corp. v. Utica Mutual Ins. Co., 33 Misc.3d 1236(A), 941 N.Y.S.2d 537 (N.Y. Sup., Suffolk Co. 2011)


CPS 1 Realty LP v. Brennan, 981 N.Y.S.2d 535 (1st Dep’t 2014)


East 49th Street Development II, LLC v. Prestige Air & Design, LLC, 33 Misc.3d 1205(A), 938 N.Y.S.2d 226 (N.Y. Sup., Kings Co. 2011)


Federal Ins. Co. v. McKane, No. 05-5572, 2008 WL 744745 (2d Cir. 2008)


God's Battalion of Prayer Pentecostal Church, Inc. v. Miele Assocs., LLP, 10 A.D.3d 671, 781 N.Y.S.2d 785 (2d Dep’t 2004)


Millgard Corp. v. EE Cruz/NAB/Frontier-Kemper, No. 99 civ. 2952, 2003 WL 22741664 (S.D.N.Y. 2003)


Picone/McCullagh v. Miele, 283 A.D.2d 501, 724 N.Y.S.2d 473 (2d Dep’t 2001)


R.P. Brennan General Contractors & Builders, Inc. v. CPS 1 Realty, LP, 63 A.D.3d 619, 880 N.Y.S.2d 490 (1st Dep’t 2009)


Schiavone Constr. Co., Inc. v. County of Nassau, 717 F.2d 747 (2d Cir. 1983)


Serf Realty Co. v. Bennigan’s of New York, Inc., 216 A.D.2d 377, 628 N.Y.S.2d 164 (2d Dep’t 1995)


Smith v. Silverman (In re Richard A. Smith), 645 F.3d 186 (2d Cir. 2011)


Trinity Broadcasting Corp. v. Eller, 835 F.2d 245 (10th Cir. 1987), cert. denied 487 U.S. 1273 (1988)


Utica Mutual Ins. Co. v. Cardet Constr. Co., Inc., 114 A.D.3d 847, 981 N.Y.S.2d 118 (2d Dep’t 2014)


Utica Mutual Ins. Co. v. Empco Contracting, Inc., No. 12-5872, 2013 WL 5770662 (D. N.J. 2013)


Hi-Tech Bridging, Inc. v. Ethel Bates, New York Supreme Court, New York County, Index No. 600668/08 - Successfully defended a property owner/developer and discharged over $500,000 in mechanic’s liens on a pre-answer motion to dismiss.


City of New York v. RLI Ins. Co., Supreme Court of the State of New York, New York County (2009) - Procured order of dismissal of plaintiff’s causes of action after motion for summary judgment and oral argument.


Leon D. DeMatteis Constr. Corp. v. Vigilant Ins. Co., Supreme Court of the State of New York, New York County (2010) – Defeated a series of bond-base defenses alleged by surety seeking to avoid liability for delay arising from crane collapse.


Matter of Plaza Residential, Supreme Court of the State of New York, New York County (2012) - Successfully dismissed a $10,000,000 mechanic’s lien upon motion application.


Mometal Structures, Inc. v. T.A. Ahern Contractors Corp. United States District Court, Eastern District of New York (2013) – Successfully defended a general contractor and its surety against a subcontractor’s claim of wrongful termination and for payment under a labor and material payment bond and successfully prosecuted the general contractor’s breach of contract counterclaim to judgment.


National Union Fire Ins. Co. of Pittsburgh, PA v. Cox Mechanical Contracting, Inc., Supreme Court of the State of New York, Queens County (2008) - Successfully represented a completing surety on a large New York City Transit Authority East River subway tunnel project in recouping its costs for completing the project.


Nycon Supply Corp. v. Great Am. Constr. Corp., Supreme Court of the State of New York, Kings County (2009) - Successfully defended a concrete and foundation subcontractor and successfully prosecuted a cross-claim against the site work contractor to judgment.


Solar Electric Systems, Inc. v. Ladies Mile, Inc., Supreme Court of the State of New York, New York County – Successfully dismissed a $1,000,000 delay claim on notice and no-damage-for delay grounds following discovery.


Sorbara Constr. Corp. v. Leon D. DeMatteis Constr. Corp., Supreme Court of the State of New York, Nassau County (2010) – Obtained summary judgment on counterclaim against subcontractor for breach of contract involving delays caused to construction project by the collapse of subcontractor’s tower crane.


Suffolk Constr. Co., Inc. v. The Windrows at Princeton, Superior Court of the State of New Jersey, 2001 - Successfully mediated a construction defect claim in New Jersey on behalf of a general contractor in which the financing bank claimed over $100 million in damages. The case was settled for less than $3 million with the majority coming from other parties.


T.A. Ahern Contractors Corp. v. The Dormitory Authority of the State of New York, Supreme Court of the State of New York State, New York County (2012) – Successfully litigated and resolved a multi-million dollar complex delay and impact claim and defended against the imposition of alleged liquidated damages by the public owner.


The New York Times Newspaper Division of the N.Y. Times Co. v. Lehrer McGovern Bovis, Inc., Supreme Court of the State of New York, New York County (2000) – In a large construction defect matter, case was tried to verdict on behalf of a plumbing company in New York County, in which the client obtained a directed verdict at the close of the evidence. The jury returned a verdict in excess of $40 million against the remaining defendants.

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General Liability

McDougald v. Garber, 73 N.Y.2d 246, 538 N.Y.S.2d 937 (1989)


Delahaye v. Saint Anns School, 40 A.D.3d 679, 836 N.Y.S.2d 233 (2d Dep’t 2007)


Deleon v. State of New York, 22 A.D.3d 786, 803 N.Y.S.2d 692 (2d Dep’t 2005)


Panagiotou v. Samaritan Village, Inc., 66 A.D.3d 979, 886 N.Y.S.2d 806 (2d Dep’t 2009)


Kosarin v. W & S Associates, LP, 6 A.D.3d 503, 774 N.Y.S.2d 420 (2d Dep’t 2004)


Loiek v. 1133 Fifth Avenue Corp., 46 A.D.3d 766, 848 N.Y.S.2d 333 (2d Dep’t 2007)


Duffy v. Suffolk County High School Hockey League, Inc., 289 A.D.2d 368, 734 N.Y.S.2d 613 (2d Dep’t 2001)


Aloise v. Saulo, 51 A.D.3d 831, 858 N.Y.S.2d 354 (2d Dep’t 2008)


Cuffe v. Supercuts, 83 A.D.3d 1344, 920 N.Y.S.2d 920 (3d Dep’t 2011), lv. denied, 17 N.Y.3d 705, 929 N.Y.S.2d 97 (2011) Successfully defended an appeal of the denial of workers’ compensation benefits to an employee claiming cervical spine injuries sustained through the course of her employment


Interboro Ins. Co. v. Fatmir, 89 A.D.3d 993, 933 N.Y.S.2d 343 (2d Dep’t 2011)


Kobiashvilli v. Hill, 34 A.D.3d 747, 828 N.Y.S.2d 68 (2d Dep’t 2006)


Matter of Gilmore, 87 A.D.3d 145, 925 N.Y.S.2d 567 (2d Dep’t 2011)


Morales v. Turner Constr. Corp., No. 022067/09, 2011 WL 1731414 (Sup. Ct., Nassau Co. 2011)


Malone v. Structure Tone, Inc., New York Supreme Court, Kings County (2006) - Defended multiple New York Labor Law claims as well as causes of action in common-law negligence and significantly reduced settlement demand after extensive investigation.


Mousouroulis v. Far West Village Partners, LLC, Supreme Court of the State of New York, Kings County (2007) - Successfully defended labor law claims during trial.


Pimental v. County of Nassau, Supreme Court of the State of New York, Nassau County (2012) - Obtained summary judgment in favor of contractor, dismissing claims of roadway defects in a personal injury action due to a motorcycle accident.


Rivera v. Amec Constr., New York Supreme Court, Bronx County (2008) - Defended and procured dismissal of all claims against client upon motion for summary judgment.

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Medical Malpractice

Auerbach v. Otolaryngologist

NY Supreme Court, Westchester County

Claim: Failure to diagnose and treat temporal arteritis resulting in blindness.

Result: Defendant's verdict.


Austin v. Midwife, Ob/Gyn and Group

NY Supreme Court, Rockland County

Claim: Negligent vaginal delivery complicated by shoulder dystocia, including claims of failure to perform cesarean section and use of excessive traction, which caused Erb's palsy and Klempke's palsy involving damage and/or rupture of C5-C8 and T1 nerve roots in infant male plaintiff. At the time of trial, infant plaintiff was 5 ½ years old and had already undergone three surgeries at Texas Children's Hospital-Brachial Plexus Clinic, including nerve grafting and muscle, tendon transfer procedures. Settlement demand $3 million.

Result: Defendants' verdict. Affirmed on appeal.


Boyle v. Plastic Surgeon

NY Supreme Court, Nassau County

Claim: Negligent performance of abdominoplasty, diastasis recti repair, and herniorrhaphy, resulting in sudden ARDS and respiratory failure requiring intubation for six days and additional emergency surgery to release sutures and prolene mesh, which caused delayed wound healing, necrosis and scarring in 37-year-old female plaintiff. Settlement demand $600,000.

Result: Defendant's verdict.


Carpino v. Hospital and Emergency Physician

NY Supreme Court, Ulster County

Claim: Wrongful death claim based on alleged negligent treatment of closed head injury and failure to reduce brain swelling and intracranial pressure causing death of 54-year-old female executive.

Result: Defendant's verdict.


Clarizio v. Ob/Gyns

NY Supreme Court, Putnam County

Claim: Failure to perform cesarean section and negligent vaginal delivery of 10-lbs, 4-oz infant female with use of excessive traction causing Erb's palsy and developmental delays to infant-plaintiff. Economic damages claimed $24 million.

Result: Defendants' verdict.


Elmer v. Orthopedic Surgeon

NY Supreme Court, New York County

Claim: Failure to perform open surgical fixation of distal tibia and proximal fibula fractures and negligent closed reduction and casting causing deformity, leg length discrepancy and loss of use requiring reconstructive surgery and leg lengthening procedure in 26-year-old male. Settlement demand $950,000.

Result: Defendant's verdict.


Giampino v. Ob/Gyn

NY Supreme Court, Westchester County

Claim: Wrongful death claim based on alleged negligent treatment of amniotic fluid embolus at delivery of infant causing maternal death.

Result: Dismissal as to our client after plaintiff's case; verdict as to remaining defendants: $16,250,000.


Kiernan v. Urologist

NY Supreme Court, Rockland County

Claim: Wrongful death of 60-year-old woman based on delayed diagnosis and treatment of ovarian cancer.

Result: Defendant's verdict.


Kinney v. Radiologist

NY Supreme Court, Suffolk County

Claim: Wrongful death claim based on alleged delayed diagnosis of lung cancer causing metastasis and death of 47-year-old nurse with four minor children. Pretrial settlement demand $4 million.

Result: Defendant's verdict.


Kroenung v. Ob/Gyn

NY Supreme Court, Rockland County

Claim: Negligent vaginal delivery after shoulder dystocia with alleged use of excessive traction causing permanent moderate-severe Erb's palsy.

Result: Defendant's verdict.


Lucian v. Vascular Surgeon

NY Supreme Court, Westchester County

Claim: Failure to treat and control postoperative hypertension following carotid endarterectomy and improper discharge of patient causing multiple intra-cerebral hemorrhages and major stroke and resulting right sided hemiparesis and dysphasia in 68-year-old male. Settlement demand $2 million.

Result: Defendant's verdict.


Millen v. Orthopedic Surgeon

NY Supreme Court, New York County

Claim: Negligent performance of shoulder arthroplasty causing loss of use and pain, dislocation, prosthesis failure and complete revision surgery.

Result: Defendant's verdict.


Ritter v. OB/GYN

NY Supreme Court, Rockland County

Claim: Negligent management of labor and delivery, including failure to recognize/diagnose signs of fetal hypoxia/fetal distress and perform timely C-section causing extensive brain damage and cerebral palsy.

Result: Defendant's verdict.


Rosenberg v. Radiologist

NY Supreme Court, Westchester County

Claim: Failure to diagnose breast cancer on mammograms resulting in mastectomy instead of lumpectomy, and metastasis.

Result: Defendant's verdict — no causation.


Serrato v. Internist/Nephrologist

NY Supreme Court, Westchester County

Claim: Failure to timely diagnose and treat renal failure secondary to NSAIDs causing permanent kidney damage.

Result: Defendant's verdict.


Tashjian v. Pediatrician

NY Supreme Court, Westchester County

Claim: Wrongful death claim based on alleged failure to diagnose and treat anaphylactic food allergy in 2-year-old infant causing pain and suffering and wrongful death.

Result: Defendant's verdict.


Torres v. Plastic Surgeons

NY Supreme Court, Rockland County

Claim: Negligent performance of breast reduction surgery in 22-year-old patient causing necrosis, excessive scarring, deformity and loss of pigmentation, and requiring revision surgeries.

Result: Defendants' verdict.


Treanor v. Pulmonologist

NY Supreme Court, Putnam County

Claim: Wrongful death of 19-year-old female based on alleged failure to timely diagnose and treat prescription cardiac drug overdose in E.R.

Result: Dismissed against client during trial. Co-defendants settled for $850,000.


Trinidad v. Ob/Gyn

NY Supreme Court, Westchester County

Claim: Failure to perform cesarean section and improper vaginal delivery of 11-lbs., 2-oz. baby with shoulder dystocia causing Erb's palsy in infant and separated pubic symphysis in mother requiring ORIF. Settlement demand $2 million.

Result: Defendant's verdict.


Urrico v. Internist

NY Supreme Court, Putnam County

Claim: Delayed diagnosis of colon cancer causing progression of disease from Stage 2 to Stage 4 during alleged 18-month delay, which required hemicolectomy, colostomy, radiation and chemotherapy. Settlement demand $1.75 million.

Result: Defendant's verdict.

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Miscellaneous Cases

Estate of Rose Romain, 2/26/2010 N.Y.L.J. 45, (col. 1) (Sur. Ct., Suffolk Co., 2010)


Estate of Roy L. Gilmore, Sr., Decision of Interest, 1/19/2010 N.Y.L.J. 21 (col. 1) (Sur. Ct., Nassau Co., 2009)


In re Piecuch Family Trust, 7/23/2008 N.Y.L.J. 32, (col. 3), Trusts and Estates Update, 9/15/2008 N.Y.L.J. 3 (col. 1)


Miguel v. 41-42 Owners Corp., 57 A.D.3d 488, 869 N.Y.S.2d 166 (2d Dep’t 2008)


Schiffman v. Hann Auto Trust, 12 Misc.3d 1164(A), 819 N.Y.S.2d 213 (Sup. Ct., Nassau Co. 2006)


U.S. v. Washington, 858 F.2d 590 (10th Cir. 1988)


Adelaar v. Sprout Foods, Inc., United States District Court, Southern District of New York (2012)
- In a bench trial before a federal magistrate in Manhattan, successfully defended corporate client against claims for millions of shares of stock in the client. In a bench decision, the court found for our corporate client completely, avoiding a potential enterprise-threatening situation had plaintiff been victorious.


Matter of Joshua Doe, Surrogate’s Court, Queens County (2004)
- Successfully defended guardianship bond claim by securing restoration of estate funds while at the same time significantly limiting bonding company’s liability exposure

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