As we approach the one-year anniversary mark since joining the firm, our litigation practice group continues to grow. 

    

     We welcome John J. (“Jack”) Horn to our team. Jack is a recent graduate of Hofstra Law School who wrote for the Labor and Employment Journal and clerked for a well-respected employment law firm. 

 

     We also added the backbone of our group when Megan Zagorski joined our team. Megan is an experienced litigation paralegal who has aided us in all areas of practice. 

 

     The past six months have given us continued success for our clients. Here are some of our recent victories in both the public and private sectors since our last update in February 2025:

 

• We obtained the pre-answer dismissal of a federal lawsuit brought by a former teacher against a Nassau County school district and its Superintendent of Schools. The District Judge in the U.S. District Court for the Eastern District agreed that plaintiff could not sustain a retaliation claim and essentially alleged a violation of a collective bargaining agreement provision. As such, the court dismissed the matter in its entirety. 

• We obtained a dismissal of an Article 78 petition brought against a Suffolk County school district by a contractor who was not selected for a capital improvement project. The Suffolk County Supreme Court Justice agreed that the petitioner unreasonably delayed filing the action until the project was well underway and nearing completion and that an unsuccessful bidder may not sue for lost profits.

• We obtained the dismissal of a discrimination claim brought against a Suffolk County educational agency by a former adult education student. The New York State Division of Human Rights agreed that there were non-discriminatory reasons for the challenged actions and there was no probable cause to support the claim of discrimination.

• We obtained the dismissal of a federal lawsuit brought against a Suffolk County municipality arising out of the operation of a municipal towing list. The District Judge in the U.S. District Court for the Eastern District granted our motion to dismiss plaintiff's Constitutional claims in their entirety. 

• We obtained the dismissal of a lawsuit commenced by a former contracted employee of a Suffolk County school district who brought suit following the termination of her employment. The Suffolk County District Court granted our pre-answer motion to dismiss the matter against both the school district and its official on procedural grounds. 

• We obtained the dismissal of a disability and retaliation claim asserted by a former Dutchess County school district maintenance employee. The New York State Division of Human Rights found our documentary evidence and legal arguments established a sufficient basis for termination and that there was no evidence to permit a contrary finding. 

• We successfully prosecuted disciplinary charges against a Suffolk County municipal employee for misconduct and incompetence. Following a hearing, our recommended disciplinary penalty was imposed on the employee. 

• We obtained the dismissal of a federal wage and hour class action lawsuit against our client, a former executive of a mortgage company. The District Judge in the U.S. District Court for the Eastern District found an insufficient basis to impose liability on our client and granted our pre-answer motion to dismiss the amended complaint. 

• We obtained an injunction in the U.S. District Court for the Eastern District of New York for our client, a lighting design company whose intellectual property was being misappropriated. The court permanently prohibited the infringing company from using our client's trademarks and found the corporate defendant to have violated federal and state law. 

Private Sector Employment 

• We obtained the voluntary dismissal of a sexual harassment lawsuit brought in the Suffolk County Supreme Court against a former supervisor of a retail store. Our client denied all wrongdoing and plaintiff ultimately dismissed the claims against our client.

• We presented a seminar on First Amendment law in the educational setting to a team of claims professionals at one of our insurance company clients. 

• We obtained the voluntary dismissal of a sexual abuse lawsuit against a Nassau County school district. We contended that the school failed to breach any duty to give rise to liability and plaintiff ultimately discontinued the action. 

• We convinced an insurer to reverse course on a disclaimer of coverage to a commercial property owner with regard to a personal injury lawsuit. By obtaining a vacatur of the underlying default judgment against our client, we were able to remove the basis for the disclaimer and obtain coverage for the client.

• We convinced an insurer to reverse course on a disclaimer of coverage to a commercial property owner where coverage was excluded based on a construction exclusion and the insured played no role in any such matters. 

• We went to trial on a negligence case against a restaurant and its employee arising out of a physical confrontation with a third-party. Following jury selection, plaintiff agreed to a settlement which was far below the pre-trial demands. 

• We successfully obtained the dismissal of an uninsured workers' compensation claim brought against a residential building owner. The judge agreed that the claimant was an independent contractor whose credibility was diminished by our evidentiary submission. 

• We obtained a judgment in favor of our clients, homeowners who brought suit in the Kings County Supreme Court against a contractor who performed defective work and failed to complete a construction project. 

     We continue to serve our public and private sector clients in all types of litigation and corporate counseling. These include Constitutional claims, land use disputes, labor and employment matters, and various other types of claims brought before federal courts, state courts, arbitrators, and administrative agencies. Please do not hesitate to contact our team of Adam Kleinberg, Matthew Mehnert, Connor Mulry, Bailey Thomas, John Bradley, Jared Sanders, Samantha Wade, Megan Zagorski, and Jack Horn with any questions or concerns.