Representative Cases

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
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
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
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
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
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
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
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
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