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 exception applied.
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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 Law.
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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.
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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.
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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 action barred the claims.
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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 plate.
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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 did not apply.
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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.
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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 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, the dismissal was affirmed.
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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 Court.
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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.
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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 exemption 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.
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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.
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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 known the true facts, it would have refused to make such contract. The Appellate Division agreed that the misrepresentation was material to the insurer’s decision to issue the policy.
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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.
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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 verdict after a four-week trial based on an unfounded allegation of juror interference. Matt successfully argued on appeal that the verdict should be reinstated.
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