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
https://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
https://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
https://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
https://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
https://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202500121786
Nolan v. Cuomo
https://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202585263730
Matovcik v. Times Beacon Newspapers
https://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202548122140
Spielman v. Carrino
https://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202473812429
PERSONAL INJURY / WRONGFUL DEATH
Malone v. County of Suffolk
https://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
https://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
https://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
Obstructionist husband in multi-million dollar divorce action sanctioned for non-compliance with discovery
Steineger v. Perkins
https://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
https://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
https://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
https://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.
https://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202506607077
WILLS, TRUSTS & ESTATES LITIGATION
Estate of Eriksen
https://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
https://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202503463183
Marino v. Shoreham-Wading River School District
https://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202500417856
Ray v. Eves
https://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)