Matter of Trezza --  Represented an employee suing her employer for discrimination in violation of Title VII on the ground that she is a woman and a parent.  This is the first reported court decision since the Supreme Court’s 1971 decision in Phillips v. Martin Marietta Co., 400 U.S. 542, recognizing a cause of action for "sex-plus" discrimination involving mothers.  1998 U.S. Dist. LEXIS 20206 (SDNY 1998).

Morelli v. Cedel -- Action against a Luxembourg bank under the Age Discrimination and Employment Act of 1967 (ADEA) on behalf of a 54-year-old woman.  The Court, in rejecting the defendant bank's argument that only US-based employees should be counted for ADEA purposes, held that the ADEA generally applied to foreign firms operating on US soil. In determining whether defendant satisfied the ADEA’s 20 employee threshold, employees could not be ignored merely because they worked overseas.  Read our appellate brief here and our reply brief here.  Read the Court's decision here.

DePalma v. RealtyIQ Corp. --  Representing hundreds of former employees in class action complaint against RealtyIQ.com for failure to comply with the Worker Adjustment and Retraining Notification Act (WARN).  A copy of this complaint can be viewed here.

JURY AND BENCH TRIALS

Pyron v. Banque Francaise du Commerce Exterieur --  Supreme Court, New York County. Represented plaintiff, a former bank manager, in a three day jury trial seeking to recover benefits on a retirement contract. Verdict in December 1999 for plaintiff on liability, settled for $250,000.00.

I.S. Design, Inc. v. Gasho of Japan --  Supreme Court, New York County. Represented plaintiff, an architectural designer, in an eight day jury trial on an oral contract for design services in the construction of a Japanese restaurant. Verdict of $426,212.36 in February 1999 for plaintiff, reversed on appeal.

De Stefano v. MT Health Clubs, Inc. --  Supreme Court, New York County. Represented plaintiff in a jury trial of a negligent massage action in October 1998. Case settled on the second day of trial for $125,000.00.

Selvaggi v. Grand Union Co., Inc. --  US District Court, Southern District of New York. Five day jury trial on negligence action for plaintiff that was injured in a supermarket check-out line. Verdict in June 1998 for plaintiff in the amount of $26,695.00.

Rosen v. Varet & Fink, P.C. --  Supreme Court, New York County. Represented two former partners in major Manhattan law firm suing to recover wages and loans to the firm. 12 day bench trial in May 1996. Judgment for plaintiffs in the amount of $262,509.66, thereafter stayed by bankruptcy petition.

APPELLATE DECISIONS

Estate of CHARLES M.R. HUTCHINSON, 13 A.D.3d 704 (3rd Dept. 2004) (denying probate to purported Will where attesting witness raised 5th Amendment privilege and refused to testify);

I.S Design, Inc. v. Gasho of Japan, 269 A.D.2d 150 (1st Dept. 2000) (reversing jury verdict on statute of frauds grounds);

Tischmann v. ITT/Sheraton Corp., 145 F.3d 561 (2d Cir. 1998), cert. den. 525 U.S. 963 (1998) (ERISA preemption of state law on employee benefit contract).

Pyron v. Banque Francaise du Commerce Exterieur, 256 A.D.2d 204 (1st Dept. 1998) (non-discoverability of income tax returns).

Gordon v. City of New York, 245 A.D.2d 184 (1st Dept. 1997) (discoverability of post-accident repair records to show ownership and control).

I.S. Design, Inc. v. Planned Mgmt. Const., 243 A.D.2d 425 (1st Dept. 1997) (summary judgment on account stated).

De Stefano v. MT Health Clubs, Inc., 239 A.D.2d 200 (1st Dept. 1997) (denying summary judgment in negligence action), 220 A.D.2d 331 (1st Dept. 1995) (quashing non-party witness subpoenas served on treating physicians).