We take this opportunity to update you about our growing litigation practice group and some of our success in 2025. 

 

Most recently, we welcomed David Berris to our team. David is a former Bronx County Assistant District Attorney who brings a wealth of law enforcement and trial experience to our team. He also has experience working for the State Attorney General's Office on civil rights matters. David is a graduate of the University of Miami Law School and has been a great addition to our group.

 

We are also excited that our summer intern, Kirsten Schlecht, will be joining us upon her upcoming graduation from Touro Law School. We look forward to Kirsten joining us as an associate later in the year. Kirsten is a member of the Touro Law Review, a Merit Scholarship recipient, and also interned within the Nassau County Supreme Court. 

 

Here are some of our recent litigation victories in both the public and private sectors:

 

• We obtained summary judgment in a federal lawsuit brought by a community member against a Nassau County school district. The court dismissed the First Amendment claim brought following a restriction from school district property based on safety concerns. 

• We obtained the dismissal of a federal land use lawsuit brought by a property owner against a Greene County municipality and its zoning and building code enforcement officer alleging due process, equal protection, and takings clause violations, among other claims. The court granted our pre-answer motion to dismiss all federal claims against our clients. 

• We obtained the pre-answer dismissal of a state court petition brought by a community member seeking to challenge a Suffolk County school district's decision to change their school mascot and nickname. 

• We prevailed before the U.S. Court of Appeals for the Second Circuit on a federal lawsuit alleging a due process violation arising out of a student suspension issued by a Nassau County school district. Following oral argument, the panel affirmed the trial court decision and dismissed the case in its entirety. 

• We prevailed for a Suffolk County school district in an Article 78 petition in which a former school administrator challenged the decision to rescind a separation agreement. The court found the petitioner had fraudulently induced the school district into entering into the agreement and found no basis to disturb the rescission. 

• 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 court 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 court 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 voluntary dismissal of a state court lawsuit against a Suffolk County public school district by a plaintiff alleging an Adult Survivors Act claim.

• 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 court granted our motion to dismiss the 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 municipal employees for misconduct and incompetence. Following the hearings, our recommended disciplinary penalties were imposed on the employees. 

• We obtained the dismissal of federal wage and hour class action lawsuit against our client, a former executive of a mortgage company. The court 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. 

• 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 obtained the dismissal of a state court labor law lawsuit brought by a plaintiff who alleged to have been injured at a construction site, but the records demonstrated he never was at the site and never worked for any contractors on the project. 

• 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 several insurers to reverse course on disclaimers of coverage to commercial property owners with regard to personal injury lawsuits against our clients. By obtaining a vacatur of the underlying default judgment in one, we were able to remove the basis for the disclaimer and obtain coverage for the client. In another, we convinced an insurer to reverse course on a disclaimer of coverage to a commercial property owner where coverage was excluded based on an inapplicable exclusion. 

• 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 joined a group of insurance professionals to present a lecture on the topic of “Wage Transparency Trending- Employer Liability & Practical Advice” before insurance professionals and defense attorneys. 

• We presented a seminar on First Amendment law in the educational setting to a team of insurance professionals. 

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, John Bradley, Connor Mulry, Bailey Thomas, Jared Sanders, David Berris, Samantha Wade, Jack Horn, and Megan Zagorski with any questions or concerns.