SIGNIFICANT REPRESENTATIONS
- Obtained a dismissal of a product liability action, under Fed. R. Evid. 702, where the plaintiff sued a nationally known yacht manufacturer following a catastrophic accident on navigable waters. See Decision of Interest: Southern District Expert Witness Failed to Attempt to Reconstruct Accident or Test His Own Theories of Design Safety, NYLJ, July 22, 2004, at 21.
- Successfully drafted and argued an appeal in a benchmark tort case where the Appellate Division First Department refused to further expand upon the duties owed by a landlord. See Anthony Lin, Landlords Need Not Cover Radiators, Judges Determine, NYLJ, July 15, 2005, at 1.
- Represented a major east-coast real estate developer in breach of contract action relating to a $70 million dollar condominium project where calculation and allocation of profits were at issue.
- Defended clients in high exposure Toxic Tort and industry wide litigation including September 11 Litigation, New York City Asbestos Litigation, Lead Exposure and various chemical release cases.
- Obtained a dismissal of an action filed against a cooperative complex in the Appellate Division, Second Department where it was determined plaintiff’s affidavit submitted in opposition to the defendant’s summary judgment motion was designed to avoid the consequences of her earlier testimony. See Israel v. Fairharbor Owners, Inc., 20 A.D.3d 392, 798 N.Y.S.2d 139 (2d Dept., 2005).
- Represented a group of self-insured defendants involved in New York City Asbestos Litigation. Supervised a large-scale document review and created a detailed corporate genealogy. Thereafter, successfully drafted and argued a motion dismissing the plaintiff’s complaint against the group’s parent entity.
- Prompted a favorable settlement in a high profile toxic mold exposure action which had received significant media coverage, where it was demonstrated that plaintiff expert’s collection methods might have led to falsely elevated levels of Stachybotrys and Chaetomium.
- Successfully drafted and argued a summary judgment motion which dismissed an action filed against a commercial landowner where it was demonstrated the plaintiff’s expert affidavit was defective, as it attempted to establish causation based upon a condition observed nearly ten years post accident.
- Obtained a dismissal of an action filed against a commercial landlord in the Appellate Division, First Department, where the plaintiff attempted to defeat a summary judgment motion using an affidavit, which materially contradicted his earlier sworn testimony. In its decision, the court held that although issues of fact and credibility are not ordinarily determined on a motion for summary judgment, the self-serving affidavit submitted by the plaintiff warranted dismissal. See Fernandez v. VLA Realty, LLC, 45 A.D.3d 391, 845 N.Y.S.2d 304, 2007 N.Y. Slip Op. 08861, (1st Dept., 2007).
- Represented a commercial landlord sued by a fire fighter for injuries sustained during a fire. Obtained a dismissal at the Appellate Division, Second Department when it was determined the landlord did not have prior notice of a dangerous condition on the premises.
- Obtained a dismissal upon summary judgment on behalf of the owner of a landmark building sued by a plaintiff who underwent a complete facial reconstruction following a fall on the premises. During discovery it was determined that the fall was a result of a rare cardiac condition, not a defect in the premises.
- Represented the owner of a shopping center in an action where a plaintiff who sustained catastrophic injuries during an assault on the premises alleged negligent security. Case settled for nuisance value at mediation, while summary judgment motions were pending. See Verdicts and Settlements, NYLJ, February 4, 2008, at 5.
