Representative Matters

• Achieved a reduced damages award for a client in a damages only New York Labor Law construction case in the New York State Supreme Court.
• As lead counsel, prevailed on appeal to vacate a $2.5 million judgment entered against the client in an asbestos personal injury action.
• Obtained a unanimous jury verdict for the defense in a multimillion-dollar New Jersey toxic exposure case.
• Obtained a directed verdict on behalf of a defendant railroad company at trial in a lawsuit wherein the plaintiff alleged damages from injuries he suffered when he was struck by a train. The directed verdict came after successfully moving to bar the plaintiff’s expert, who was prepared to testify about railroad operations and braking mechanics of trains, on the basis that the expert’s opinion was a “net opinion.”
• Won a jury verdict for the defense in a New Jersey wrongful death case alleging disease caused to a 30-year cigarette smoker by workplace exposure to asbestos and diesel exhaust fumes.
• Obtained summary judgment for a construction products manufacturer in a federal case alleging claims under theories of subrogation, breach of contract and tortious damage to property for economic damages allegedly caused by defective materials.
• Argued and co-authored a brief to New York’s highest state court regarding the nonexistence of duty for a premises owner to a member of an employee’s household for secondary exposure to a toxic substance.
• Obtained summary judgment for a governmental entity on a workers compensation lien valued at several hundred thousand dollars.
• Established a “Vertical Trial Program” through the Offices of Administrative Judge for the Supreme Court of the State of New York, Bronx and Kings County, for the resolution of lead paint lawsuits on behalf of a consortium of insurance carriers.
• Negotiated a favorable settlement after jury selection in a multimillion-dollar federal court action where plaintiffs alleged claims for property damage and personal injury, including Kawasaki Syndrome, originating from a petroleum spill. As part of the settlement, all claims for personal injuries were withdrawn and the defendants agreed to minimum cleanup costs pursuant to New York State Navigation Law. 

Jury/Trial Verdicts

• Lind v. Tishman, labor law jury verdict, damages only; plaintiff requested $17 million; $690,000 jury verdict, 2022
• Estate of Ira Epstein v. Port Authority, wrongful death from asbestos exposure; defense verdict, 2020 
• Albericci v. Port Authority, labor law all issues; plaintiff requested $25.7 million; $8.6 million verdict, 2019
• Greenblatt v. Baumgardner, labor law damages only; settled after summations, 2019
• Doupis v. MTA, labor law damages only; settled after plaintiff rested, 2019
• McKee v. T. Moriarity, labor law all issues; settled after plaintiff’s liability verdict, 2018
• Barber v. Utica Boilers, wrongful death from asbestos exposure; defense verdict-mistrial, 2018
• Bermingham v. Bovis Lend Lease Construction, labor law all issues; $1.825 million verdict; reduced to $900,000 on appeal, 2014
• Lopez v. The Port Authority of New York and New Jersey, labor law all issues; settled during jury deliberations, 2014
• Verdon v. The Port Authority of New York and New Jersey, labor law damages only; plaintiff requested $18 million; $2.3 million verdict, 2014
• Estates of Harry Brown (1.) and Patrick McCloskey (2.) v. The Port Authority of New York and New Jersey, two consolidated cases alleging wrongful death from asbestos exposure; defense verdict in both cases, 2014
• Sean Segota v. Tishman Construction, labor law damages only; plaintiff requested $6.8 million; $310,000 verdict, 2014
• Karen Talley v. Port Authority Trans-Hudson Corporation, patron dragged by train; defense directed verdict, 2013
• Stephan Petty v. Port Authority Trans-Hudson Corporation, multiple myeloma from benzene exposure; defense verdict, 2013
• Nick Musse v. Port Authority Trans-Hudson Corporation, patron struck by train; defense directed verdict, 2011
• Anna Olson, as Administratrix of The Estate of Alan Olson v. Port Authority Trans-Hudson Corporation, wrongful death from asbestos exposure; defense verdict, 2010

Published Decisions 

• Toussaint v. Port Authority of New York and New Jersey, 2022 NY Slip Op 01955, decided on March 22, 2022 (Labor Law)
• Fritz v. Sports Auth., 91 A.D.3d 712 (2012)(Labor Law)
• Garguilo v. Port Authority of New York and New Jersey, 137 A.D.3d 708 (2016)(Labor Law)
• Giordano v. Tishman Constr. Corp., 152 A.D.3d 470 (2017)(Labor Law)
• Korean Airlines Co. v. Port Authority of New York and New Jersey, 2012 US Dist. LEXIS 1855532 (EDNY 2012)(Aviation)
• Korean Airlines Co. v. Port Authority of New York and New Jersey, 2013 US Dist. LEXIS 13787 (EDNY 2013)(Aviation)
• Korean Airlines Co. v. Port Authority of New York and New Jersey, 118 F. Supp. 3d 471 (EDNY 2015)(Aviation)
• Maragliano v. Port Authority of New York and New Jersey, 119 A.D.3d 534 (2014)(Labor Law)
• Matter of New York City Asbestos Litig. (Andrucki), 106 A.D. 3d 617 (2013)(wrongful death)
• Matter of New York City Asbestos Litig. (Andrucki), 124 A.D. 3d 454 (2015)(wrongful death)
• Matter of New York City Asbestos Litig. (Andrucki), 24 N.Y. 3d 275 (2014)(wrongful death)
• Musse v. Port Auth., 2012 WL 1431233 (N.J. App.Div. 2012) (Pedestrian struck by train)