• Sinera v. Embassy House Eat, LLC, 188 A.D.3d 549 (1st Dep’t 2024). Sofya and Sean obtained an over 80% remittitur of an excessive verdict from $6,765,762 to $1,278,315, in large part by successfully convincing both the Supreme Court and Appellate Division that the jury’s finding that plaintiff suffered from CRPS was against the weight of the evidence, and that the jury’s verdict on future medical expenses “was based on unreliable and speculative evidence.”
  • Mansong-Frempong v. Forbes, 2024 N.Y.App.Div. LEXIS 103 (1st Dep’t 2024). Sofya and Sarah obtained summary judgment that was affirmed on appeal in a premises liability case involving a serious injury to a plaintiff injured when a step on a basement staircase collapsed under her; they prevailed by marshalling the evidence demonstrating lack of actual or constructive notice of the latent defect on behalf of the property owner.
  • Burchill v. City of New York, 219 A.D.3d 1244 (1st Dep’t 2023). Sofya and Sean scored a major victory for our clients in an appeal concerning a thorny and novel legal issue related to statutory interpretation of Labor Law 241(6), and reversed the Supreme Court to dismiss plaintiff’s Labor Law § 241(6) and common law negligence/Labor Law § 200 claims as against the City.
  • Cohen v. The City of New York, 209 A.D.3d 830 (2d Dep’t 2022), Rodriguez, v. Alexander Palacio, City of New York, Index No. 28861/2011, Palacio v. City of New York, Index No. 26142/2011 (Sup.Ct., Queens Co. 2018). Jack and Tim obtained summary judgment dismissal of wrongful death and catastrophic personal injury claims arising out of MVAs in three separate actions against contractors involved in roadway construction project on Queensboro Bridge. https://nypost.com/2011/04/06/another-car-flies-off-59th-street-bridge-woman-fighting-for-life/
  • Navedo v. VNO 225 W. 58th Street LLC, 203 A.D.3d 406 (1st Dep’t 2022). Sofya and Sean   obtained a reversal and complete grant of summary judgment dismissing common law and contractual indemnification for client, electrical subcontractor, in a personal injury involving an electrocution of a construction worker.
  • Fortune v. New York City Housing Authority, 201 A.D.3d 705 (2d Dep’t 2022). Jack and Sean obtained $1 million remittitur (from $3M to $2M) plus additional reduction to economic damages in case involving a construction worker whose hip injuries required total replacement and left him wheelchair bound.
  • Abelleira v. City of New York, 201 A.D.3d 679 (2d Dep’t 2022). Jack and Tim obtained affirmance of complete defense victory at trial on Labor Law § 200 claims involving a construction worker who suffered catastrophic injuries in a pressure-test mishap.
  • Matthews v. Sunbelt Rental Inc., Case No. CV-17-890793 (Oh. Ct. Common Pleas, June 3, 2022). The appellate team (Jack, Sofya, Chris, Michael, Rachael, and Tim) drafted multiple summary judgment and in limine motions in a wrongful death and personal injury action where defendant’s employee ingested illegal drugs containing Fentanyl shortly before driving home in a company car, blacked out and struck two sisters changing their vehicle tire on the side of the road. The appellate team successfully obtained dismissal of the punitive damages claims against the employer along with some ancillary claims, such as negligent hiring, thereby eliminating these obstacles to settlement. The case soon after settled for a fraction of the original demand.
  • Rodriguez v. Palacio, et al., 199 A.D.3d 728 (2d Dep’t 2021). Jack and Tim obtained affirmance of summary judgment for construction company client on Espinal/common law negligence theories following wrongful death and dismemberment in a single-car MVA off the Queensboro bridge.
  • WDF Inc. v. Harleysville Insurance Company of New York, 193 A.D.3d 667 (1st Dep’t 2021). Sofya and Sean represented contractor in action for declaratory judgment seeking additional insured coverage from a subcontractor’s carrier, and were successful in obtaining reversal of lower court’s grant of summary judgment to carrier. The First Department ruled that the carrier had a duty to defend and indemnify our client as an additional insured and that the policy provides primary coverage over our client’s separate insurance policy. The case involved an interesting application of Burlington Ins. Co. v NYC Tr. Auth., 29 N.Y.3d 313 (2017)’s requirement that named insured must be a proximate cause of the accident for additional insured coverage to trigger in certain policies. The First Department reiterated that when the underlying case is settled before any determination on liability or causation is made, the declaratory judgment court must hear and resolve the necessary proximate cause trigger.
  • Santibanez v. North Shore Land Alliance, et. al., 197 A.D.3d 1123 (2d Dep’t 2021). Jack and Tim obtained summary judgment for homeowner in Labor Law §§ 240(1) and 200 action in which worker fell off a roof and became paralyzed.
  • Rodriguez v. Glen Oaks, Index No. 606595 (Sup.Ct., Nassau Co. 2021). Chris and Tim represented golf course that loaned a large “thatcher” machine to a neighboring course, whose employee sustained a catastrophic leg amputation injury while operating the thatcher. Obtained summary judgment dismissing plaintiff’s complaint in its entirety along with all cross- and counter claims. 
  • Three Brothers Trading LLC v. Generex Biotechnology Corp., (S.D.N.Y. Apr. 2021); 2020 U.S. Dist. LEXIS 161784 (S.D.N.Y. Sept. 3, 2020); 2020 U.S. Dist. LEXIS 141882 (S.D.N.Y. Aug. 7, 2020); U.S. Dist. LEXIS 72600. Jack and Sofya, with assistance from Sean, tried multi-day international commercial arbitration over valuation of stock warrants to complete victory and obtained order confirming approximately $3.3M arbitration award and $900,000 in fees and interest and reducing same to judgment.
  • Shah v. 20 E. 64th St., LLC, 198 A.D.3d 23 (1st Dep’t 2021). Based on a complex strategy approach devised by Sofya under difficult circumstances, we (Sofya, Tim and Sean along with a former colleague) were successful in protecting the client in a contentious reverse-trifurcated property damage case involving multiple defendants. Not only did we demonstrate that plaintiff, a neighboring property owner, could not recover $11 million lost market value in addition to his repair costs, but we successfully maneuvered the truly bizarre division of contract-based and negligence-based awards (caused by the parties’ earlier stipulation agreeing to reverse-trifurcation) into a situation where our client, despite bearing a significant percentage of liability, paid none of the $12.3 million judgment.
  • Astoria Generating Company, LP, v. Riley Power, Inc., 179 A.D.3d 987 (2d Dep’t 2020). Jack, Tim and Chris represented boiler manufacturer in a subrogation claim arising out of electric generating plant explosion involving $93 million in damages and approximately $75 million in accrued prejudgment interest, and obtained unanimous reversal of motion court’s decision denying enforcement of contractual limitation on damages, resulting in a reduction of risk to the client on the loss from $168 million down to a maximum of $4 million. https://qns.com/2011/07/explosion-rocks-astoria-power-plant/ 
  • Abedin v. Roadtex Transportation Corp., 188 A.D.3d 764 (2d Dep’t 2020). Jack and Kharis obtained reversal of order precluding social media discovery from Instagram, Facebook and Snapchat accounts and last known addresses and phone numbers of three of infant plaintiff’s friends in case involving claims of wrongful death and emotional distress/zone of danger, with accompanying claim by Gair, Gair firm of “$12,000,000 in expenses for psychotherapy and psychopharmacological medication throughout [infant plaintiff’s] lifetime”.
  • Zhou v. Tuxedo Ridge, LLC, 180 A.D.3d 960 (2d Dep’t 2020). Jack and Chris obtained vacatur of $20.7 million judgment in favor of plaintiff, a new trial on liability, and remittitur of the aggregate damages verdict to $2.3MM; the new trial on liability was occasioned by the trial court’s erroneous application of CPLR 3117(a)(3)(ii) in excluding crucial non-party witness’s testimony that devastated plaintiff’s claim, and the court’s error in refusing to charge the jury on assumption of risk. At re-trial, they identified a dispositive flaw in plaintiff’s testimony and their CPLR 4401 motion to dismiss the complaint at the close of plaintiff’s proof was granted. In other words, a grossly excessive $20.7 million judgment was reduced to $0.
  • Damien Rose Bruno, et al., v. City of Jersey City, et al., 2020 N.J. Super. Unpub. LEXIS 564, at *1 (Super Ct App Div Mar. 23, 2020, No. A-0843-17T3). Tim and a former colleague represented City of Jersey City Police Department in a notorious wrongful death and catastrophic injury litigation in New Jersey arising out of a slashing attack. The attacker slashed his former paramour and her friend, and then threw the former – who was holding their three-month-old infant – out of a third-story window, and continued to beat her while she laid on the ground. While she survived the fall and beating, the infant died three days later. Plaintiffs brought suit against the City of Jersey City police department for failing to arrest the attacker and for failing to enforce a temporary restraining order the victims had obtained against him. Halfway through trial, the court finally agreed to grant our motions to dismiss based on the immunity afforded under New Jersey’s Tort Claims Act. The New Jersey Superior Court later affirmed the dismissal on appeal. https://www.nj.com/hudson/2015/08/113_year_sentence_for_jersey_city_man_that_killed.html
  • Rodriguez v. Extell W. 57th St. LLC, 131 N.Y.S.3d 125 (1st Dep’t 2020). Jack obtained reversal of Supreme Court order denying defendant leave to amend answer to assert collateral estoppel as an affirmative defense where plaintiff has known since before commencing the action that the Workers’ Compensation Board had previously found his injury to be unrelated to the workplace accident.
  • Keenan v. Christie’s Inc., 189 A.D.3d 622, 623 (1st Dep’t 2020). Sofya obtained an affirmance of a summary judgment motion dismissing plaintiff’s claims based on lack of notice.
  • Bellucia v. CF 620, et al., 172 A.D.3d 520, 523 (1st Dep’t 2019). Sofya, Jack, Tim, and Chris represented Manhattan building owner in mass tort elevator drop worksite accident litigation involving seven consolidated actions with twenty-two plaintiffs with combined demands of $50 million. The Supreme Court entered summary judgment against our client and dismissed the primary tortfeasor elevator contractors from the case. On appeal, the First Department vacated the summary judgment liability findings against our client and reinstated the claims against the two elevator contractors. https://nypost.com/2011/05/18/freight-elevator-falls-3-floors-22-injured/
  • Matter of Steam Pipe Explosion at 41st St. & Lexington Ave., Index No. 768000/2008, 771000/2010 (Sup.Ct., N.Y.Co. 2019). Jack, Sofya, and Tim represented contractor accused of causing nationally reported 2007 steam pipe explosion in midtown Manhattan in mass tort action involving direct claims, cross-claims, and third-party claims. https://en.wikipedia.org/wiki/2007_New_York_City_steam_explosion The co-defendant utility owner, who was represented by Davis Polk and two other firms, sought to pass more than $100 million in losses through to our client blaming various aspects of its epoxy sealant chemical composition for sealing steam system leaks, as well as its negligent application. Following over a decade of discovery, we conceptualized and drafted a complex motion for summary judgment to defeat the utility owner’s claims against our contractor; our motion was based on spoliation of the steam system and fraud on the court and precipitated an evidentiary hearing before the Supreme Court on these issues. The owner’s claims were soon after discontinued against the contractor.
  • Wilk v. Columbia University, 171 A.D.3d 570 (1st Dep’t 2019) and Breeze Nat’l., Inc. v. Century Sur. Co., 170 A.D.3d 591 (1st Dep’t 2019). Jack and Tim obtained Supreme Court decisions from Judge Silver in companion actions that were unanimously affirmed on appeal, resulting in dismissal of third-party complaint against client in wrongful death action arising out of construction accident on basis of waiver of subrogation and antisubrogation and additional insured determination in favor of client.
  • Doomes v. Best Transit Corp., Index No. 16893/1994 (Sup.Ct., Bronx Co., July 19, 2018), 126 A.D.3d 629 (1st Dep’t 2015), 92 A.D.3d 490 (1st Dep’t 2012), 68 A.D3d 504 (1st Dep’t 2009). Tim represented bus manufacturer in high exposure fatal bus crash litigation involving combined product liability and negligence claims. Following a verdict and $30 million judgment in 2008 in favor of multiple plaintiffs, we obtained unprecedented three appellate and two post-trial motion victories for client, vacating the judgment and ultimately resulting in a defense verdict in favor of client on retrial in 2018 by the excellent Alan Kaminsky and his team.
  • Hedges v. Target, East River Plaza, LLC, et al., 58 Misc. 3d 1211(A), 94 N.Y.S.3d 538 (Sup.Ct., N.Y. Co. 2018). Tim and Chris obtained summary judgment dismissal/withdrawal of all claims against client and grant of common law and contractual indemnification as against all remaining defendants in high profile, high exposure premises liability matter that later resulted in a $45+ million verdict against the remaining owner and security defendants.
  • Smolinski v. Ford Motor Credit, et al., 78 A.D.3d 1642 (4th Dep’t 2010). Tim obtained vacatur of $50 million judgment against defendant for 22-year-old’s quadriplegia injuries from MVA and an order granting a new trial on basis of evidentiary errors and plaintiff attorney misconduct.
  • Deutsche Bank AG v. Erik Martin Vik, Index No. 652156 (Sup. Ct. N.Y. Co., June 12, 2017). Jack prevailed on motion to dismiss, on basis of personal jurisdiction, judgment enforcement action that sought to collect from wealthy Norwegian father of judgment debtor’s sole shareholder; later affirmed at 163 A.D.3d 414 (1st Dep’t 2018).
  • Brunson v. Saint Vincent’s Cath. Med. Centers of New York, 146 A.D.3d 698, 698 (1st Dep’t 2017). Sofya obtained an affirmance of a defense verdict and denial of plaintiff’s motion to set aside the verdict in an action where a jury found that defendant’s negligence was not a proximate cause of the injuries.
  • Joao Dias v. NYCHA, Index No. 505822/2015 (Sup.Ct., Kings Co., Dec. 4, 2018). Tim obtained post-trial motion $9.3 million remittitur of $15.2 million damages verdict.
  • Carlton v. City of New York, 161 A.D.3d 930 (2d Dep’t 2018). Sofya and Jack obtained vacatur of Labor Law 240(1) liability summary judgment determination.
  • U.S. Energy Dev. Corp. v. Superior Well Servs., Inc., 155 A.D.3d 1553 (4th Dep’t 2017). Jack obtained dismissal of all claims of negligence against insured arising from allegations of negligence, promissory estoppel and unjust enrichment arising from insured’s work on 97 different wells and involving damages claims of $20+ million.
  • Hobbins v. N. Star Orthopedics, PLLC, 148 A.D.3d 784, 785 (2d Dep’t 2017). Sofya obtained a reversal and dismissal of plaintiff’s entire case for failure to properly serve defendants before the statute of limitations expired.
  • In re 91st Street Crane Collapse Litigation, Index No. 771000/2010 (Sup. Ct. New York Co. 2015). Sofya and Tim obtained CPLR 4401 order dismissing all claims against client general contractor (and granting it common law indemnification) upon close of plaintiffs’ proof in catastrophic wrongful death actions that later resulted in a $95 million verdict against the remaining defendants following a record-setting year-long trial.

https://www.cbsnews.com/pictures/another-nyc-crane-collapse/18/

  • Deutsche Bank AG v. Alexander Vik, 2016 N.Y. Misc. LEXIS 2625 (Sup. Ct. N.Y. Co., July 14, 2016); 2016 N.Y. Misc. LEXIS 712 (Sup. Ct. N.Y. Co., Mar. 4, 2016). Jack obtained stay of veil-piercing cause of action for prior action pending in $300 million judgment enforcement dispute and dismissal without prejudice of various other claims against third-parties for failure to effect proper service and establish personal jurisdiction.
  • Bermejo v. New York City Health and Hospitals Corp., 135 A.D.3d 116 (2d Dep’t 2015). Tim obtained lengthy seminal decision curbing improper IME discovery practices by plaintiffs resulting in mistrial and awarding costs of trial and appeal and attorneys’ fees to defendants)
  • Rolland v. Senn, 2015 WL 4080836 (Superior Ct., Pa. 2015). Tim obtained vacatur of $20+ million verdict in judicial hellhole arising from forklift accident resulting in leg amputation and obtained new trial on liability and damages on basis of multiple erroneous rulings.
  • Zeng Guang Lin v. Hutch Realty Partners LLC, et al., Index No. 24253/08 (Sup. Ct. Queens Co. 2015). Tim obtained extremely favorable $6 million settlement during pendency of simultaneous post-trial motions and appeal from $68 million judgment in brain injury case against Ben Morelli (and involving only approximately $20 million in available insurance coverage for client).
  • Town of Amherst v. Hilger, 106 A.D.3d 120 (4th Dep’t 2013). Tim obtained excellent decision providing basis for client’s subrogation/indemnification recovery of $31 million of $32 million judgment against recalcitrant third-party defendant in complex recovery action against the NYSIF arising out of paraplegia injuries sustained by roofer in construction accident.
  • Matter of Steam Pipe Explosion at 41st St. & Lexington Ave., 147 A.D.3d 421, 422 (1st Dep’t 2017). Tim obtained remittitur of $12.2 million verdict down to $4.8 million and, more importantly, rendering the insured’s obligation $0 upon application of G.O.L. 15-108 set-off arising from co-defendant Con Ed settlement with plaintiff.
  • Shipe v. Saker Shoprites, Inc., 2013 WL 3184736 (Superior Ct., N.J. 2013). Tim obtained reversal of liability judgment against client for sex discrimination.
  • Francis v Leon D. Dematteis Assoc., LLC, 99 A.D.3d 856, 857 (2d Dep’t 2012). Tim obtained affirmance of dismissal of complaint for insured contractor arising from claims of negligent mold remediation.
  • National Union v. Zurich, 2011 N.J. Super. Unpub. LEXIS 747 (Superior Ct., App. Div. 2011), certification denied 207 N.J. 189 (2011), and reconsideration denied 207 N.J. 189 (2011) (N.J. Super. Ct., Law Div., Civ. Part, Mercer Co., Karchman, J., June 5, 2013). Tim obtained reversal of summary judgment against insurer in subrogation action arising from wrongful death judgment from construction accident, ultimately resulting in an over $7 million recovery in favor of the insurer.
  • Atl. City Assocs., LLC, v. Carter & Burgess Consultants, Inc., Nos. 09-3124, 10-2033, 2011 WL 1683099 (3d Cir. May 4, 2011). Tim obtained vacatur of $12.7 million judgment against client for delay damages from construction project on basis of consequential damages waiver clause.
  • Fisher v. Flanigan, 89 A.D.3d 1398 (4th Dep’t 2011), mot. for rearg. and lv. denied 92 A.D.3d 1267 (4th Dep’t 2012), rearg. den. 92 A.D.3d 1267 (4th Dep’t 2012), mot. lv. den. 19 N.Y.2d 803 (2012). Tim was successful in ghost-writing briefs that obtained dismissal of complaint in catastrophic injury product liability action against the manufacturer of an RV involving a quadriplegic plaintiff.
  • Melo v. Morm Management Co., 93 A.D.3d 499 (1st Dep’t 2012). Tim obtained order dismissing $5.5 million judgment and awarding new trial in favor of client on causation in premises liability case.
  • Michaud v. Lefferts 750 LLC, 87 A.D.3d 990 (2d Dep’t 2011). Tim obtained reversal and award of summary judgment dismissing complaint against client in lead exposure case.
  • Midler v. Crane, 14 N.Y.3d 877 (2010). Tim obtained order from New York State Court of Appeals setting aside multimillion-dollar liability verdict against rheumatologist and granting new trial.
  • Dessasore v. New York City Housing Authority, 70 A.D.3d 440 (1st Dep’t 2010). Tim obtained vacatur of $5 million judgment and new trial on liability and causation for client in premises liability case.
  • Firmes v. Chase Manhattan Automotive Finance Corp., 50 A.D.3d 18 (2d Dep’t 2008). Tim obtained substantial remittitur of $14 million judgment down to $7.6 million in MVA catastrophic personal injury case (leg amputation) and, in a seminal CPLR 4545 ruling, obtained reversal of order precluding collateral source offset, resulting in another $800,000 reduction.
  • Carlson v. Porter, 53 A.D.3d 1129 (4th Dep’t 2008). Tim was successful in ghost-writing briefs in appeal in wrongful death action arising from MVA involving DHL driver from $26.8 million judgment that obtained dismissal of all claims against insured and substantial remittitur of damages award down to $7.5 million (well below carrier’s attachment point).
  • Lowery v. Lamaute, 40 A.D.3d 822 (2d Dep’t 2007). Tim obtained reversal of $4+ million money judgment and dismissal of complaint against physician defendant on causation grounds.
  • Leniar v. Metropolitan Transit Authority, 37 A.D.3d 425 (2d Dep’t 2007). Tim obtained reversal and dismissal of catastrophic brain and physical injury claims from 25-foot fall onto concrete of Verrazano Bridge pursuant to sole proximate cause exception to Labor Law 240(1).
  • Butler v. Grimes, 40 A.D.3d 569, 570 (2d Dep’t 2007). Tim obtained remittitur of $5+ million judgment to $3.5 million) for injuries sustained in MVA.
  • Andree v. Demopoulos, 36 A.D.3d 731, 731 (2d Dep’t 2007). Tim obtained affirmance of dismissal of complaint as against third-party defendant hospital for negligent misrepresentation and other grounds.
  • Peter T. v. Children’s Vil., Inc., 30 A.D.3d 582, 586 (2d Dep’t 2006). Tim obtained reversal and dismissal of claims against juvenile treatment center.
  • Christopherson v. Queens-Long Island Med. Group, P.C., 17 A.D.3d 393, 393 (2d Dep’t 2005). Tim obtained reversal and dismissal of all claims against hospital involving claims based on ostensible or apparent agency.
  • Johnson v. Freihofer Baking Co., Inc., 16 A.D.3d 461, 461 (2d Dep’t 2005). Tim obtained substantial remittitur of damages award in Labor Law and MVA action.
  • Zohar v. 1014 Sixth Ave. Realty Corp., 24 A.D.3d 125, 127 (1st Dep’t 2005). Tim obtained affirmance of dismissal of complaint for insured property owner arising from claims of property damage by commercial tenants.
  • LaPierre v. Efron, 22 A.D.3d 808, 809 (2d Dep’t 2005). Tim obtained affirmance of grant of CPLR 4401 motion dismissing all claims against insured physician.
  • Perkins v. Murphy, 7 A.D.3d 500, 500 (2d Dep’t 2004). Tim obtained dismissal of complaint against physician insured on summary judgment and affirmance on appeal.
  • Evans v. St. Mary’s Hosp. of Brooklyn, 1 A.D.3d 314 (2d Dep’t 2003). Tim obtained remittitur of jury verdict of $100 million for pain and suffering to $1.8 million for catastrophic anoxic brain damage.
  • Huthmacher v. Dunlop Tire Corp., 309 A.D.2d 1175 (4th Dep’t 2003). Tim obtained vacatur of a $8.6 million damages verdict against client in a wrongful death Labor Law case arising from a 45-foot fall onto concrete.
  • Esposito v. N.Y. City Indus. Dev. Agency, 1 N.Y.3d 526, 528 (2003). Tim obtained dismissal of all Labor Law claims against defendant building owners and lessees on basis that injury-producing work constituted routine maintenance not covered by the statutes, and on basis of plaintiff’s special employee status.
  • Mondo v. Ellstein, 302 A.D.2d 437, 438 (2d Dep’t 2003). Tim obtained reversal and dismissal of all claims against defendant surgeon on basis of demonstration of lack of proximate causation.
  • Presley v. United States Postal Serv., 317 F.3d 167, 171 (2d Cir. 2003). Successfully arguing before then-Second Circuit Judge Sonia Sotomayor, Tim obtained remand and reconsideration of Magistrate’s clearly erroneous rulings on damages and apportionment arising from MVA.
  • Villano v. Long Island Jewish Med. Ctr., 195 Misc. 2d 799, 813 (Sup.Ct., Nassau Co. 2003). Tim obtained dismissal of plaintiff’s claims against oral surgeon on motion.
  • Heller v. Louis Provenzano, Inc., 303 A.D.2d 20, 26 (1st Dep’t 2003). Tim obtained reversal of order granting plaintiff’s motion to amend complaint to add claim for punitive damages.
  • Mills v. Moriarty, 302 A.D.2d 436, 436 (2d Dep’t 2003). Tim obtained affirmance of summary judgment dismissal of all claims against defendant surgeon on basis that plaintiff’s affidavit was provided by a nurse practitioner lacking proper qualifications to offer opinion on relevant standard of care. 
  • Kaplan v. Nadler, 289 A.D.2d 454, 454 (2d Dep’t 2001). Tim obtained reversal of order setting aside jury verdict and reinstating jury verdict in favor of defendants.
  • Johnson v. Commercial Interior Contr. Corp., 281 A.D.2d 394, 394 (2d Dep’t 2001). Tim obtained vacatur of non-jury trial verdict and $5+ million judgment on basis of appearance of impropriety involving judge and plaintiff counsel relationship.
  • Mateo v. City of New York, 274 A.D.2d 337, 337 (1st Dep’t 2000). Tim obtained reversal of order striking defendant’s pleadings on the basis of failure to comply with discovery.
  • Wright v. New York City Hous. Auth., 273 A.D.2d 378, 378 (2d Dep’t 2000).  Tim obtained vacatur of jury verdict in favor of plaintiff on basis of trial court’s error in refusing request to unify trial and exclusion of plaintiff’s party admission.
  • Amo v. Little Rapids Corp., 268 A.D.2d 712, 718 (3d Dep’t 2000). Tim obtained vacatur of jury verdict and new trial in Labor Law 240(1) case on basis that trial court erroneously granted plaintiff’s motion for a directed verdict when issues of fact existed as to the de minimis height of plaintiff’s alleged fall.

Additional decisions dating back to 1995 can be provided upon request.