Representative Cases

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  Pfirman v Village of New Paltz, 228 AD3d 1098 (3d Dept 2024) – Municipal Liability
  Matt successfully defended municipal defendants in a New York personal injury action arising from a bicycle accident allegedly caused by a pothole and valve box cover in a municipal bicycle lane. The Appellate Division affirmed summary judgment dismissing all claims, holding that the Village was entitled to dismissal based on the prior written notice rule and that no… Read more: Pfirman v Village of New Paltz, 228 AD3d 1098 (3d Dept 2024) – Municipal Liability
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  Lalime v R.A.C. Engineering P.C., 225 AD3d 1147 (4th Dept 2024) – Municipal Liability
  Matt secured reversal and dismissal of all claims and cross-claims against the Town of Clarence in a property damage action arising from the collapse of a residential home. The Appellate Division held that the plaintiffs failed to timely serve a notice of claim and that Supreme Court lacked authority to grant leave to serve a late notice under General Municipal… Read more: Lalime v R.A.C. Engineering P.C., 225 AD3d 1147 (4th Dept 2024) – Municipal Liability
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  Coe v Village of Waterloo, 229 AD3d 2119 (4th Dept 2025) – Municipality Liability
  Matt successfully defended municipal and contractor defendants in a New York property damage action alleging trespass, nuisance, and injunctive relief based on the alleged artificial diversion of stormwater onto the plaintiff’s properties. The claims arose from a courthouse renovation project that connected a new stormwater system to a historic underground culvert. The courts held that the claims were time-barred under… Read more: Coe v Village of Waterloo, 229 AD3d 2119 (4th Dept 2025) – Municipality Liability
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  Fraser v Cavagna North America, Inc. – Punitive Damages/Products Liability
  Matt successfully opposed a plaintiff’s motion for leave to amend the complaint to assert punitive damages in a Florida products liability and design-defect action involving an alleged defect in a propane tank valve. Applying Florida Statute § 768.72, the court held that the plaintiff failed to make the required reasonable evidentiary showing of intentional misconduct or gross negligence. The… Read more: Fraser v Cavagna North America, Inc. – Punitive Damages/Products Liability
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  Applewhite v 112 Liberty Associates LLC (Supreme Court, Kings County 2025) – Release Agreements
  Matt secured summary judgment for a building owner and contractor in a high-exposure New York construction-site personal-injury action, resulting in dismissal of the complaint in its entirety. The case presented significant liability and damages exposure typical of major construction accident claims. The Supreme Court adopted Matt’s arguments that a general release executed by the plaintiff prior to commencing the… Read more: Applewhite v 112 Liberty Associates LLC (Supreme Court, Kings County 2025) – Release Agreements
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  Chiappa v The Port Authority of New York and New Jersey (Supreme Court, Bronx County 2025) – Labor Law
  Matt secured summary judgment for multiple defendants in a high-exposure construction-site personal injury action arising from renovation and construction work at New York’s LaGuardia Airport, one of the state’s most complex and highly regulated construction environments. The plaintiff alleged that a defective ramp within one of the airport terminals forced him to manually lift an approximately 400-pound crate over… Read more: Chiappa v The Port Authority of New York and New Jersey (Supreme Court, Bronx County 2025) – Labor Law
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  Jimenez v 40 East 66th LLC, et al. (Supreme Court, Kings County) – Labor Law/Indemnification
  Matt represented a steel contractor in a New York construction accident lawsuit arising from renovation work at a multi-unit apartment building. The general contractor commenced a third-party action seeking contractual indemnification and defense under indemnification and hold harmless provisions in the construction contract. The court adopted Matt’s arguments and held that the contractual indemnification provisions… Read more: Jimenez v 40 East 66th LLC, et al. (Supreme Court, Kings County) – Labor Law/Indemnification
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  Merlo v 49 Grove Realty LLC, 239 AD3d 727 (2d Dept 2025) – Labor Law
  Matt represented a subcontractor performing renovation work in the basement of a New York City building. The plaintiff alleged that several laminated metal sheets, stored upright against a wall, toppled over and pinned him to the floor while he was working. Relying on Labor Law § 240(1), the plaintiff sought to impose strict, nondelegable liability… Read more: Merlo v 49 Grove Realty LLC, 239 AD3d 727 (2d Dept 2025) – Labor Law
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  Labadie v Nu Era Towing and Service, Inc., 22-2064-cv (2d Cir. 2023) – Appeals
  In Labadie v. NU Era Towing & Service, Inc., the Second Circuit affirmed the district court’s dismissal of a Fair Debt Collection Practices Act (FDCPA) claim arising from the nonjudicial repossession of a vehicle. The plaintiff alleged that NU Era’s agent “breached the peace” during the repossession in violation of 15 U.S.C. § 1692f(6). On appeal,… Read more: Labadie v Nu Era Towing and Service, Inc., 22-2064-cv (2d Cir. 2023) – Appeals
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  People v Vandover, 20 NY3d 235 (2012) – Appeals
  In Vandover, the Court of Appeals requested that Matt brief and argue the defendant’s position as amicus curiae. The case concerned a novel issue on probable cause within the context of suspicion of driving while under the influence. The Court agreed with Matt on the issue of reviewability of the Appellate Term finding, which affirmed the Justice… Read more: People v Vandover, 20 NY3d 235 (2012) – Appeals
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  Salisbury v Christian, 68 AD3d 1664 (4th Dept 2009) – Insurance Defense
  In this motor-vehicle personal injury action, Matt secured a significant appellate win for his clients when the Appellate Division unanimously reversed the trial court’s decision granting the plaintiffs a directed verdict on causation. The case involved a rear-end motorcycle collision where liability against Matt’s clients was purely vicarious, making the credibility and causation issues especially critical… Read more: Salisbury v Christian, 68 AD3d 1664 (4th Dept 2009) – Insurance Defense
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  Chapman v Town of Copake, 67 AD3d 1174 (3d Dept 2009) – Labor Law § 240(1)
  In this case, the Appellate Division reversed the trial court’s ruling against Matt’s clients. He successfully argued that the homeowner’s exception to Labor Law § 240(1) – New York’s Scaffold Law – applied, resulting in complete dismissal of the plaintiff’s claims. The Court held that the one- or two-family homeowner’s exemption shielded the property owners… Read more: Chapman v Town of Copake, 67 AD3d 1174 (3d Dept 2009) – Labor Law § 240(1)
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  Foxworth v Jenkins, 60 AD3d 1306 (4th Dept 2009) – Insurance Defense
  In this New York personal injury action, the Appellate Division, Fourth Department unanimously reversed Supreme Court and vacated a default judgment and damages award entered against the vehicle owner in a rear-end collision case. Although an earlier motion to vacate had been denied and affirmed on appeal, Matt successfully secured leave to renew under CPLR 2221(e) based on newly discovered evidence that was… Read more: Foxworth v Jenkins, 60 AD3d 1306 (4th Dept 2009) – Insurance Defense
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  Arch Specialty Ins. Co. v Kam Cheung Constr., Inc., 104 AD3d 599 (1st Dept 2013) – Insurance Coverage
  In this insurance coverage matter, Matt successfully argued that the policyholder made a material misrepresentation on its application and, had the insurer know the true facts, it would have refused to make such contract. Photo by Vlad Deep
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  Rodrigues v N & S Building Contractors, Inc., 5 NY3d 427 (2005) – Labor Law/Indemnification
  This appeal showcases Matt’s ability to turn a complex indemnification dispute into a decisive risk-transfer victory. After digging into the record and the underlying contracts, Matt discovered that the Appellate Division had relied on the wrong precedent—one involving a contract with materially different language. He used that flaw to successfully obtain leave to appeal to… Read more: Rodrigues v N & S Building Contractors, Inc., 5 NY3d 427 (2005) – Labor Law/Indemnification
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  Matter of Small Smiles Litig., 125 AD3d 1395 (4th Dept 2015) – Malpractice
  This appeal involved one of the largest dental malpractice lawsuits ever filed in New York, arising from high-exposure claims with significant carrier risk. After a no cause of action, the court overturned the unanimous no-cause verdit after a four-week trial based on an unfounded allegation of juror interference. Matt successfully argued on appeal that the… Read more: Matter of Small Smiles Litig., 125 AD3d 1395 (4th Dept 2015) – Malpractice