Category: Firm News

Partner Justin Rowe obtained a defense verdict in Supreme Court, Queens County. Plaintiff, a minor, sustained a tibial fracture on an inflatable slide rented by our client. Plaintiff’s theory was that DSB’s client provided negligent supervision over the children using the slide at the party. The defense was that the supervision was adequate, and that the accident occurred so quickly that no level of supervision could have prevented it from occurring. The jury agreed with DSB’s position, and unanimously returned a verdict in 20 minutes finding that DSB’s client was not negligent.

DSB obtained dismissal of a federal action alleging that a Town’s zoning board of appeals violated the Takings, Due Process and Equal Protection Clauses of the U.S. Constitution by rejecting a property owner’s claim of a pre-existing nonconforming use.  Vanderveer v. Zoning Board of Appeals of the Town of East Hampton, E.D.N.Y. Docket No. 19-cv-03833 (11/30/2020).

DSB successfully argued an appeal on behalf of an LLC member regarding distribution of over $5 Million in profit from a real estate development.  The lower court had ordered the funds distributed 50/50, disregarding a distribution waterfall in the operating agreement that would have resulted in DSB’s client receiving the majority of the funds, with the amount owed growing at 12% per annum compounded monthly until paid.  The Appellate Division reversed, directed entry of a judgment providing that the formula set forth in the operating agreement must be followed, awarded costs in favor of DSB’s client, and remanded the matter for trial as to whether an additional judgment should be entered for monetary damages arising from breach of contract.  AJG Parkview Corp. v. Calabrese, 187 A.D.3d 1175 (2d Dept. 2020).

DSB won a motion for summary judgment on behalf of a commercial tenant where the plaintiff tripped and fell through a cellar door located on the sidewalk abutting the commercial tenant’s leasehold.  DSB argued, and the Supreme Court of Kings County agreed, that the commercial tenant established its prima facie entitlement to judgment as a matter of law where it neither owned the abutting property nor created the allegedly hazardous condition.  Accordingly, it did not owe a duty of care to the plaintiff.

DSB was successful in moving for summary judgment on behalf of an eastern Long Island Town.  Plaintiff alleged that town police falsely arrested and maliciously prosecuted her for Stalking in the Third Degree in violation of her civil rights.   Plaintiff alleged that the complaining victim lied to police, and therefore, her arrest was wrongful.  DSB successfully defeated plaintiff’s claims by affirmatively establishing that there was probable cause for her arrest and prosecution because (i) police obtained a valid arrest warrant, and further (ii) police had no reason to doubt the credibility of the complaining victim.  DSB successfully established that police acted reasonably at all times, and thus, plaintiff’s arrest was constitutionally valid.  Moreover, plaintiff’s arrest was not made pursuant to any alleged unlawful policy or practice of the Town.   As a result, plaintiff voluntarily discontinued the action with prejudice and released the town from all liability arising out of her arrest and prosecution.

DSB was successful in moving for summary judgment on behalf of a school district located on Long Island.  Plaintiff, as guardian of an infant, commenced a personal injury action for injuries sustained by the infant while attending carpentry class at an off-site location.  The Supreme Court of Suffolk County found that DSB affirmatively established that it neither controlled nor operated the carpentry facility; accordingly, it did not owe a duty to plaintiff.  DSB’s motion for summary judgment was granted in its entirety.

DSB, on behalf of a Zoning Board of Appeals of an eastern Long Island town, successfully appealed from an order annulling the denial of an area variance for a swimming pool patio that violated set back requirements. The Appellate Division, Second Department agreed that the Zoning Board’s denial had rational basis and was not arbitrary nor capricious.

DSB was successful in federal court, in the Eastern District of New York, in obtaining dismissal of all claims against an east end Town and several of its police officers in an action brought by plaintiff pursuant to, inter alia, 42 U.S.C. §1983 alleging several constitutional violations.  The federal court rejected plaintiff’s claims of an equal protection violation, racial discrimination, conspiracy, and Monell liability, as well as several state law claims, arising from plaintiff’s report to the police department of an alleged race-based crime committed by plaintiff’s private employer.   The complaint against the Town and its employees was dismissed in its entirety.

DSB Attorney was quoted in Newsday regarding the standard of care for utilities responding to natural disasters. (https://www.newsday.com/long-island/nassau/east-meadow-pomeranian-dog-pseg-1.48339611)

(A “Decision of Interest” in the New York Law Journal, Volume 264—No. 32, dated 08/18/20)
DSB was successful in moving for summary judgment on behalf of a Suffolk County homeowner. Plaintiff tripped and fell on a step while delivering food to the owner’s property for an event. The Supreme Court, New York County, determined that DSB established its prima facie entitlement to judgment as a matter of law by demonstrating that the step in question was not inherently dangerous to one reasonably using his or her senses. DSB also argued that plaintiff was unab le to identify what defect caused his injury. The Court granted DSB’s motion for summary judgment and dismissed plaintiff’s complaint.