Recent and Notable Decisions

Dismissal of case against Robert Gibbins
Massel v. Gibbins, Index No. 161147/2017

The state court reversal and dismissal in the Trans Perfect case
Shawe v Elting, 169 A.D.3d 601 (1st Dep’t 2019)

People v. Kerry Kennedy (Sup. Ct., Westchester Cty.). In February 2014, the firm successfully defended Kerry Kennedy against charges of driving while impaired by a prescription sleeping aid she accidentally ingested. Relying on expert pharmacological evidence of the way in which the drug impairs judgment, along with the client’s testimony about the impact of the drug on her, the Westchester, New York, jury returned a verdict in less than an hour of deliberation after a week-long trial.

X v. Y. In July 2013, our client received a multi-million dollar award in a confidential settlement of a nearly 20 year long construction dispute. The agreement was reached an hour before the jury was set to decide the case after a four week trial in the Eastern District of New York.

In re Gushlak, 2011 U.S. Dist. LEXIS 91912 (E.D.N.Y. August 17, 2011); In re Gushlak, 2012 U.S. Dist. LEXIS 60342 (April 30, 2012); Gushlak v. Gushlak, 2012 U.S. App. LEXIS 13535 (2d Cir. July 3, 2012) (granting discovery to foreign litigant, holding recalcitrant witnesses in contempt).

United States v. Zomber, _ F.3d _, 2008 WL 4874509 (3d Cir. 2008) (reversing fraud conviction under the Jencks Act for government’s failure to turn over documents)

People v. O, 55 A.D.3d 640, 865 N.Y.S.2d 266, 2008 WL 4491490, 2008 N.Y. Slip Op. 07701 (2d Dep’t 2008) (reversing fraud conviction of attorney)

N.Y.S.2d _, 2008 WL 4571197, 2008 N.Y. Slip Op. 28391 (Sup. Ct. N.Y. County October 10, 2008 (dismissal of complaint after hearing)

Williamson v. Culbro Corp. Pension Fund, 41 A.D.3d 229, 838 N.Y.S.2d 524, 2007 WL 1746329, 2007 N.Y. Slip Op. 05337 (1st Dep’t 2007) (appellate reversal of denial of motion to dismiss resulting in the first interpretation of a provision of New York’s limited partnership law)

United States v. Gigante, 436 F. Supp.2d 647, 2006 WL 1875452, 98 A.F.T.R.2d 2006-5221 (S.D.N.Y. 2006) (dismissal of federal indictment on statute of limitations grounds of first impression in the district)

Int’l Brotherhood of Teamsters v. Blitz, 124 Fed.Appx. 41, 2005 WL 481573 (2d Cir. 2005) (affirming dismissal of civil RICO action)

Petan, LLC. v. Westchester County Solid Waste Comm’n, No. 06481/04 (Sup. Ct. Westchester Cty. October 25, 2004) (first successful mandamus of trade waste commission requiring it to grant license) (unreported)

People v. O, Ind. No. 7561/04 (Sup. Ct. Kings County April 9, 2004) (dismissing 104-count indictment of a doctor charged with grand larceny and insurance fraud based on Attorney General’s improper grand jury presentation) (unreported)

In re Jonathan W., 304 A.D.2d 769, 757 N.Y.S.2d 772 (2d Dep’t 2003) (reversing level two sex offender determination)

United States v. Gross, 165 F.Supp.2d 372, 2001 WL 1217353 (E.D.N.Y. 2001) (dismissal of federal indictment because of pre-indictment delay)

In re David N., 188 Misc.2d 427, 724 N.Y.S.2d 262 (Sup. Ct. NY County 2001) (first case to hold that court has authority to review sex offender registration determinations made by state board and that registration was not required following federal conviction under “essential elements” test)

Best Cellars v. GrapeFinds of Dupont, Inc., 90 F.Supp.2d 431, 2000 WL 343083, 54 U.S.P.Q.2d 1594 (S.D.N.Y. 2000) (granting preliminary injunction in action to enforce trade dress)

In re DG Acquisition Corp., 151 F.3d 75, 1998 WL 432120 (2d Cir. 1998) (upholding assertion of Fifth Amendment privilege)

United States v. Gertner, 65 F.3d 963, 1995 WL 529336, 76 A.F.T.R.2d 95-6325, 64 USLW 2194, 95-2 USTC P 50,499 (1st Cir. 1995) (upholding denial of government’s motion to enforce IRS summons to attorney)

United States v. Miller, 997 F.2d 1010, 1993 WL 221529 (2d Cir. 1993) (reversing mail fraud convictions)

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