Sim R. Shapiro

Partner

Representative Matters

Appellate Litigation

• Miller v. Camelot Comm. Group, Inc., 203 AD3d 628 [1st Dept 2022] (New trial on damages ordered based on reversal of trial court’s ruling that precluded use of plaintiff’s deposition transcript from prior lawsuit as statement of a party that had not been exchanged)
• ACC Const. v. Merchants Mutual Ins., 200 AD3d 551[1st Dept 2021] (Appellate Division affirmed that part of lower court’s ruling that found that summary judgment on insurer’s duty to indemnify was premature and added that co-insurance could not be determined due to plaintiff’s failure to name potential co-insurer as a party)
• Branch v. 1908 West Ridge Rd., LLC., 99 AD3d 1362 [4th Dept 2021] (Reversal of lower court’s granting of summary judgment to plaintiff on Labor Law §240 claim as incident was not elevation-related)
• Mackay v. Paliotta, 196 AD3d 552 [2d Dept 2021] (Denial of summary judgment in favor of plaintiff affirmed in property damage claim action against marina arising from Hurricane Sandy)
• Vista Eng. Corp. v. Everest Indem. Ins. Co., 70 AD3d 915 [2d Dept 2019] (Appellate Division remitted matter to Supreme Court for factual determination of whether insured had “substantial business presence” in New York for Insurance Law §3420 to be applicable)
• Calvitti v. 40 Garden, LLC, 155 AD3d 1399 [3d Dept 2017] (Appellate Division affirmed granting of summary judgment on claim against contractor for failure to procure insurance)
• Mitchell v. NRG Energy, 142 AD3d 1366 [4th Dept 2016] (Appellate Division reaffirmed that anti-subrogation doctrine applies only to the limit of the applicable insurance policy)
• Barreto v. Kotaj, 46 Misc3d 47 [App Term, 1st Dept 2014] (Appellate Term ordered new trial on liability based on trial Court’s error in instructing jury on negligence theory in a case arising from employee’s assault)
• Barnhard v. Cybex Intern., 89 AD3d 1554 [4th Dept 2011] (Appellate Division effectively reduced pain and suffering awards in case in which plaintiff sustained quadriplegia)
• Tardif v. Town of Southold, 56 AD3d2 755 [2d Dept 2008] ([In age discrimination claim, Appellate Division held that a plaintiff does not have a protectable property interest in order to maintain a due process claim merely because he achieved a score on a placement exam for police officer’s position that was sufficient to qualify him for eligibility list)

Trials:

• Megan Crosbie v. Gracefully, Inc., [Sup Ct, Kings County 2023] (Product liability action in which the plaintiff claimed that she contracted listeria from tainted chickpeas that were allegedly purchased from our client’s store. The jury found in favor of our client)
• Auto Tourismo Sport Ltd. v. Joe’s Service Repair [Sup Ct, Westchester County 2016} (Directed verdict in property damage arising out of fire in auto repair shop)
• Shafran v. Bruni & Campisi [Sup Ct, Westchester County 2015] (Defense verdict in claim involving trip and fall over “Clean & Safe” material placed on floor by contractor)
• White-Patrick v. Precision Marble [US Dist Ct, SD NY 2015] (Defense verdict in action arising out of collision between sedan and 18-Wheeler)
• Chase v. Kaplan [Sup Ct, Dutchess County 2013] (Defense verdict in claim against owner of dog that bit of part of plaintiff’s face, causing severe lacerations)
• Ahmed v. Port Authority, et al. [Sup Ct, Queens County 2011](Defense verdict for third-party defendant that was responsible for maintaining restroom in which stall door fell off of hinge and struck plaintiff)
• Domingos v. Choice Building Supply [Sup Ct, Westchester County 2006] (Defense verdict in unified trial involving claim of spinal injury arising from trip and fall at client’s store)
• McCracken v. 1010 Company, et al. [Sup Ct, Queens County 2005] (Directed verdict in action arising from fall from a step stool due to allegedly unstable filing cabinet.)
• Glickman v. Sea Shore Restaurant [Sup Ct, New York County 2005] (Defense verdict in action involving trip-and-fall over entrance to driveway of restaurant)
• Taylor v. Connors, et al. [Sup Ct, Dutchess County 2005] (Defense verdict in action arising from three-car collision)