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Representative Cases

• Rhinebeck, New York real estate dispute.  In 2020, we successfully resolved a real estate tax foreclosure dispute spanning two decades among the Town of Rhinebeck, the County of Dutchess and Amtrak.  The settlement restored ownership of the Rhinebeck train station to Amtrak and confirmed the applicability of Amtrak’s exemption from state and local taxes to ad valorem property taxes assessed by the Town on the train station.

• Paladino v. Auletto Enterprises, Inc., 489 N.J. Super. 365 (App. Div. 2019) (the leading decision in New Jersey on the work product doctrine, which accepted our argument on appeal and significantly reshaped New Jersey law on this doctrine.)

• Katramados v. First Transit, 2019 WL 302607 (N.J. App. Div. 2019) (affirming dismissal of complaint for failure to provide discovery).

• Paladino v. Auletto Enterprises, Inc., 234 N.J. 576 (2018) (order granting our motion for leave to appeal an interlocutory order, which the Supreme Court rarely grants in civil cases).

• Harris v. Chavez-Echeverry, 2017 WL 4781684 (N.J. App. Div. 2017) (interlocutory appeal of an order granting summary judgment).

• Sadek v. Wesley, 27 N.Y.3d 982 (2016), affirming 117 A.D.3d 193 (1st Dept. 2014) (split decision on the admissibility of expert testimony).

• Hume v. Prospect Park ALF, LLC, 137 A.D.3d 1080 (2d Dept. 2016) (pre-judgment attachment of real estate).

• Scofield v. Avante Contracting Corp., 135 A.D.3d 929 (2d Dept. 2016) (a leading case granting summary judgment to a defendant under the sole proximate cause defense to Labor Law § 240(1)).

• Darwin National Assurance Co. v. Fahy Choi, LLC, 2015 WL 12698440 (D.N.J. 2015) (granting summary judgment to our client on an exclusion in a legal malpractice policy).

• Fiberlight, LLC v. National Railroad Passenger Corp., 81 F. Supp.3d 93 (D.D.C. 2015) (granting our client’s Rule 12(b)(6) motion to dismiss based on lack of standing where the owner of a fiber optic cable network brought action seeking declaration of its right to access cable beneath property owned by our client).

• Elias v. Federal Home Loan Mortgage Corp. 2014 WL 3702597 (6th Cir. 2014), affirming 2013 WL 5372887 (E.D. Mich. 2013) (rejecting all of plaintiffs’ arguments on appeal and upheld the dismissal, on a Rule 12(b)(6) motion, of a complaint filed by a real estate broker and his companies claiming that their inclusion on Freddie Mac’s Exclusionary List violated the antitrust laws and constituted interference with contract, defamation, and civil conspiracy)

• National Railroad Passenger Corporation v. The City of New Brunswick (D.N.J. 2013) (consent order, following pre-discovery summary judgment motion, vacating tax assessments and tax sales that had occurred on Amtrak-owned property within the City of New Brunswick and further ordered the City not to issue any future tax assessments, tax bills or conduct tax sales on any Amtrak-owned property within the City)

• Stowe v. National Railroad Passenger Corp., 2012 WL 4360436 (2d Cir. 2012), affirming 793 F. Supp.2d 549 (E.D.N.Y. 2011) (affirming a zero verdict on damages after our client conceded liability).

• Del Savio Masonry Corp. v. American Empire Surplus Lines Ins. Co.; Avalon WP I et al. v. American Empire Surplus Lines Ins. Co. (Supreme Court, Bronx, County) (granting insurer client summary judgment that it did not have a duty to defend or indemnify two insureds on the ground that the insureds failed to provide timely notice of the occurrence of the underlying accident)

• Twine v. Powers, 2012 WL 760167 (S.D.N.Y. 2012) (denying the plaintiff’s Rule 60(b) motion to vacate voluntary dismissal of civil rights claim against our client pursuant to a voluntary plea agreement in criminal case where the plaintiff alleged that the prosecutor had violated the terms of the plea agreement)

• Port Imperial Condominium Ass’n, Inc. v. K. Hovnanian Port Imperial Urban Renewal, Inc., No. HUD-L-2094-08 (N.J. Law Div. 2012) (application of statute of repose in a condominium construction defect case to a subcontractor who performed work on multiple buildings in a condominium complex)

• Clemente v. New Jersey Transit, No. ESX-L-8977-08 (N.J. Law Div. 2011) (dismissing contractual indemnity claim brought by property owner against our client, the general contractor, in a case filed by estate of construction laborer who suffered fatal electrical burns)

• Kreimer v. National Railroad Passenger Corp., 2011 WL 4906631 (D.N.J. 2011) (granting our client’s Rule 12(b)(6) motion to dismiss, based on the statute of limitations, a civil rights claims asserting First and Fourth Amendment violations)

• Simoes v. National Railroad Passenger Corp., 2011 WL 2118934 (D.N.J. 2011) (agreeing with our client’s position in a contract dispute that its unsigned purchase order issued to a contractor was a binding contract; that the purchase order was sufficiently definite to be enforceable; that the choice-of-law provision in the purchase order was enforceable; and that the indemnity clause in the purchase order was enforceable and entitled our client to indemnity even for our client’s own negligence)

• Johnson v. Amtrak, 2010 WL 3230607 (3d Cir. 2010) (affirming dismissal of ADA lawsuit filed by a plaintiff alleging disability discrimination in the services provided to him by our client in cross- country train travel)

• Montgomery v. Cheshire Handling d/b/a Riverside Reload Center, No. 2009-112 (Vt. Sup. Ct. 2009) (affirming denial of Rule 60(b) motion to vacate dismissal of a state court case involving an accident with catastrophic injuries based on an allegedly inconsistent position taken by our client in a subsequent federal court trial on the merits of the same accident, which resulted in a defense verdict)

• FDIC v. Hodge, No. 09-CV-3234 (E.D.N.Y. 2009) (defense of title insurance agent in an action being prosecuted by the FDIC, as receiver for an insolvent bank, against 48 defendants in an alleged mortgage fraud scheme involving 20 different residential properties)

• Fares v. Norfolk Southern Corp., No. 03-CV-5267 (D.N.J.2008) (granting our client’s motion for summary judgment and dismissing a hostile work environment claim based on numerous alleged incidents of post-9/11/01 harassment against a Muslim plaintiff by his co-workers)

• Egan v. Monadnock Construction. Inc., 43 A.D. 3d 692 (App. Div. 1st Dep’t 2007) , lv. to appeal denied, 10 N.Y. 3d 706 (2008) (affirming Bronx trial court’s grant of summary judgment dismissing the Labor Law 240(l) and 241(6) claims brought by a plaintiff who fell off a ladder against our client, a general contractor, for severe orthopedic injuries that required six surgeries; court agreed with our position that the plaintiff’s own actions were the sole proximate cause of his accident)

• Montgomery v. NLR Co., 2008 WL 299555 (D. Vt. 2008) (denying a FELA plaintiff’s motion for a new trial in case with catastrophic injuries where jury returned a defense verdict after finding that the plaintiff’s non-railroad employer was not a part of a single business enterprise with its corporate affiliates, which were railroads)

• Love v. National Railroad Passenger Corp., 2008 WL 313112 (N.J. App. Div. 2008) (denying the FELA plaintiff’s motion for a new trial where liability was conceded, the plaintiff had multiple surgeries, the jury awarded $350,000 in lost wages but zero for pain and suffering and the trial judge granted the plaintiff an additur of only $125,000 for pain and suffering)

• Gazis v. Miller, 186 N.J. 224 (2006) (case of first impression involving application of New Jersey’s late notice rule to a risk retention group providing excess liability coverage)

• Fireman’s Ins. Co. v. National Union Fire Ins. Co., 387 N.J. Super. 434 (App. Div. 2006) (a leading case in New Jersey on the definition of “property damage” and “occurrence” in the context of construction defect claims; affirming grant of summary judgment to our client insurer and holding that it had no duty to cover construction defects at a condominium complex)

• Mitchell v. National Railroad Passenger Corp., 407 F. Supp. 2d 213 (D.D.C. 2005) (granting our client’s motion for summary judgment on the plaintiff’s age and perceived disability discrimination claims)

• Laurie v. National Railroad Passenger Corp., 2004 WL 1661831 (3d Cir. 2004) (affirming grant of summary judgment in a case bought by the estate of a minor trespasser killed by a train at what the plaintiff contended was a “permissive crossing” under Pennsylvania law)

• In re Cendent Corp. Prides Litigation, 311 F.3d 298 (3d Cir. 2002) (reversing trial court and ordering trial court to grant Rule 60(b) motion filed by our client (Chase Manhattan Bank) to collect its $23 million share of a class action settlement)

• Comuso v. National Railroad Passenger Corp., 267 F.3d 331 (3d Cir. 2001) (dismissing appeal and denying petition for writ of mandamus filed by a plaintiff’s attorney who was sanctioned and disqualified for misconduct during a trial that resulted in a mistrial)

• Blog v. Sports Car Club of America, Inc., 270 A.D.2d 215 (App. Div. 1st Dep’t 2000), lv. to appeal denied, 95 N.Y. 2d 954 (2000) (reversing trial court and ruling that our client insurer had no obligation to defend motor sport company for a race car accident because it was not a covered race car official)

• In Re Cendant Corp. Prides Litigation, 234 F.3d 166 (3d Cir 2000) (reversing and remanding for fact-finding a trial court order denying a Rule 60(b) motion filed by our client (Chase Manhattan Bank) to collect its $23 million share of a class action settlement)

• Bezerra v. National Railroad Passenger Corp., 760 A.2d 56 (Pa. Super. Ct. 2000) (affirming denial of new trial for a plaintiff involved in a train derailment where liability was stipulated and the jury awarded the plaintiff zero damages)

• Frantz v. Northeast Commuter Services Corp., No.: CIV-A-97-6631 (E.D. Pa. 1998) (denying the plaintiffs’ motion for a preliminary injunction challenging restrictions on their First Amendment right to distribute leaflets at our client’s train station)

• Ben Rich Trading Inc., v. City of Vineland, 126 F.3d 155 (3d Cir. 1997) (reversing trial court’s preliminary injunction order entered on First Amendment grounds that enjoined our municipal client from enforcing its municipal ordinances restricting hours of operation of sexually oriented businesses and prohibiting conversation booths in adult bookstores)

• Robertson v. Fiore, 62 F.3d 596 (3d Cir. 1995) (affirming dismissal of the plaintiff’s civil rights claim that our public entity client discharged him from his position because of his political affiliation)

• Rolo v. City Investing Co. Liquidating Trust, 153 F.3d 644 (3d Cir. 1998) (affirming dismissal of claims against out client for RICO and securities fraud based upon sale of real estate in Florida at allegedly inflated prices)

• Hudson United Bank v. LiTenda Mortage Corp., 1996 U.S. Lexis 22917 (D.N.J. 1996) (granting our client’s Rule 12(b)(6) motion and dismissing a bank’s claim that it had a security interest in a mortgage loan servicer’s rights to income from servicing a loan portfolio owned by our client, after our client terminated its contract with the mortgage servicer)

• Hill Int'l Inc. v. National Railroad Passenger Corp., 957 F. Supp. 548 (D.N.J. 1996) (denying a motion for a preliminary injunction filed by a disappointed bidder seeking to become the project manager for a $60 million construction project and granting our client’s motion for summary judgment dismissing the complaint)

• Meiri v. Dacon, 759 F.2d 989 (2d Cir. 1985) (the leading case in the Second Circuit for many years on a defendant’s entitlement to summary judgment in a Title VII employment discrimination lawsuit)

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