Landmark Cases

PUBLISHED DECISIONS

 

Our firm has set precedent dozens of times, in State and Federal Court. Below are some of our published and notable decisions, as they have appeared in the paper of record, The New York Law Journal, broken down by practice area. We have briefly described some of the cases we feel are particularly compelling.

 

CRIMINAL PRACTICE / CIVIL RIGHTS

Woe v. Spitzer

http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202500417856

Set precedent in Federal case involving the SORA laws and a sex offender’s due process right to be de-classified from registration, even as a Level 1 offender.

 

People v. McElroy

http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202536964001

Obtained reduction of SORA level arguing that Internet photographs were not contemplated as physical victims in Risk Assessment Instrument

 

People v. Syska

http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202563856163

Criminal Charges dismissed pre-trial after arguing that there was no obstruction of a police investigation by a woman who asked police if they had a warrant to enter her home.

 

Boyle v. County of Suffolk

http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202474067448

Set precedent in a Federal civil forfeiture case involving Suffolk County’s seizure and retaining of automobiles of drivers who were only charged (but not convicted) of driving drunk, with the Court holding that the established forfeiture laws were being ignored in Suffolk County.

 

People v. Hahlbohm

http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202500121786

 

Nolan v. Cuomo

http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202585263730

 

Matovcik v. Times Beacon Newspapers

http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202548122140

 

Spielman v. Carrino

http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202473812429

 

 

 

 

 

PERSONAL INJURY / WRONGFUL DEATH

 

Malone v. County of Suffolk

http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202580874920

Set precedent arguing that doctors who prescribe and overprescribe narcotics to known and habitual drug users could be liable to third parties for the injuries caused to them by said drug users, in a case arising out of the tragic Medford pharmacy Father’s Day 2011 massacre.

 

 

Stuve v. Baingan

http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202616727090

The so-called “emergency doctrine” which drivers rely on to escape liability in automobile accidents does not apply to every case, the Court held, after it reversed itself on our motion to re-argue a grant of summary judgment against the driver that we alleged rear-ended our client.

 

 

MATRIMONIAL / FAMILY LAW

 

Matter of Fallo v. Tallon

http://www.nycourts.gov/reporter/3dseries/2014/2014_04759.htm

 

Trial Court’s determination that custody of two small children should be given to their father reversed on appeal, on the law, on the facts, and in the exercise of discretion, with custody being awarded to the children’s mother.

 

Steineger v. Perkins

http://www.newyorklawjournal.com/id=1202651473865/Vibeki-Steineger-Plaintiff-v-Paul-Perkins-Defendant-3068032012

Obstructionist husband in multi-million dollar divorce action sanctioned for non-compliance with discovery

 

Steineger v. Perkins

http://www.newyorklawjournal.com/id=1202625723511/Steineger-v-Perkins-3068032012

Husband in multi-million dollar divorce suit denied protective order for his financial records

 

D’Alauro v. D’Alauro

http://www.newyorklawjournal.com/id=1202639616610/DAlauro-v-DAlauro-303472010

Husband granted removal of wife from residence after firm obtained rare writ of assistance; wife denied renewal/reargument and counsel fees.

 

 

Schulz v. Schulz

http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202581116637

Successfully defended against a relocation application at trial; the case stands for the proposition that a parent who relocates out of state without the other parent’s consent cannot thereafter use the relocation (and establishing of new home, new job and new school for the children) as factors to support their relocation.

 

In re Gregory Tarone

http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202464397212

Set precedent in the Federal Bankruptcy Court, arising out of a case where the firm obtained summary judgment against a debtor in a bankruptcy proceeding stemming out of a matrimonial action.

 

S v. S.

http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202506607077

 

 

WILLS, TRUSTS & ESTATES LITIGATION

Estate of Eriksen

http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202586649763&slreturn=20130804162415

Successfully vacated a Court’s decree awarding a multi-million dollar wrongful death payout by Suffolk County to the father of a man who died while in police custody; the firm established that the deceased had left behind a daughter, who is by law entitled to the entire sum.

 

GENERAL LITIGATION

O’Keefe v. Blue Gold Fleet

http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202503463183

 

Marino v. Shoreham-Wading River School District

http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202500417856

 

Ray v. Eves

http://www.newyorklawjournal.com/PubArticleNY.jsp?id=900005443566

 

APPEALS

 

            In New York, the Appellate Divisions automatically publish their decisions on-line. We enthusiastically prepare and argue our own appeals. Here are some of our notable appellate cases.

 

Sheridan v. Grigos, 277 A.D.2d 217 (2000) Personal Injury (Premises Liability)

 

Eves v. Eves, 262 A.D.2d 446 (1999) Matrimonial / Family Law

 

Tarone v. Tarone, Matrimonial / Family Law

 

Jackson v. Nassau County 245 A.D.2d 264 Civil Rights

 

Heinz v. Suffolk County Dept. of Civil Service, 248 A.D.2d 537 Civil Rights

 

Maschka v. Newman, 262 A.D.2d 615 (1999) Personal Injury (Motor Vehicle)