Notable Cases

Select Notable Achievements

Successfully litigated appellate case that advanced the law by holding that as a matter of New York constitutional law plaintiffs need not allege actual injury where state statute grants standing

Obtained precedent-setting decision in appellate court clarifying decades-old decision and ruling conclusively that corporate officers can be held personally liable as employers under New York Labor Law

 

 

Successfully litigated precedent-setting case requiring employers to provide striking employees with continuing health coverage benefits, helping ensure that workers can engage in crucial concerted activity without compromising their welfare

Persuaded a U.S. Court of Appeals to adopt a broad definition of joint employment that considers an entity’s functional control over employees, and not just formal control over factors like hiring and pay, exposing more employers to liability for unpaid wages

Persuaded New York courts, despite years of caselaw to the contrary, that faculty handbooks can be enforced in plenary contract actions, substantially enhancing faculty rights and remedies

Obtained federal court approval, with co-counsel, for $29 million settlement of race discrimination claims by Fire Protection Inspectors against New York City

Prior results do not guarantee a similar outcome.

Civil Rights & Employment Discrimination

Notable Cases

  • Chalmers v. City of New York

    No. 20-Cv-3389 (AT) (S.D.N.Y. 2025) (approving class action settlement of $29 million in race discrimination claims brought on behalf of Fire Protection Inspectors against New York City under federal civil rights law and U.S. Constitution)

  • Barzilay v. City of New York

    610 F.Supp.3d 544 (S.D.N.Y. 2022) (denying City’s summary judgment motion such that EMTs and paramedics disciplined for speaking publicly about their COVID-19 experiences in violation of their constitutional rights were permitted to proceed to trial, leading to favorable settlement of EMTs’ claims)

  • Defalco v. MTA Bus Co.

    No. 15-CV-7369 (E.D.N.Y. Apr. 22, 2021) (on remand from Second Circuit, denying MTA Bus Company’s renewed motion for summary judgment, ultimately leading to a favorable settlement for employees)

  • Defalco v. MTA Bus Co.

    788 F. App’x 43 (2d Cir. 2019) (vacating lower court’s grant of summary judgment in favor of MTA Bus Co. on employees’ claims for false arrest and malicious prosecution)

Higher Education

Notable Cases

  • Monaco v. New York University

    204 A.D.3d 51, 53, 164 N.Y.S.3d 87, 90 (1st Dep’t 2022) (overturning lower court’s grant of summary judgment to NYU on professor’s breach of contract claim and granting summary judgment to professor, finding NYU had breached his contract by reducing his salary)

  • Monaco v. New York University

    145 A.D.3d 567, 43 N.Y.S.3d 328 (1st Dep’t 2016) (holding that faculty can enforce terms of a university handbook in a contract action and endorsing the meaning of tenure as defined by the AAUP)

  • AAUP Chapter at Adelphi Univ. and Bd. of Regents

    229 A.D.2d 36, 652 N.Y.S.2d 837 (3d Dep’t 1997) (affirming right of Board of Regents to hold hearing pursuant to obscure provision of Education Law, leading to removal of all but one member of the Board of Trustees of Adelphi University for failing to properly exercise their fiduciary duties)

  • Confidential representation of faculty nationwide

    including at Columbia, NYU, SUNY, CUNY, the New School, Cornell, Harvard, Yale, Rutgers, and many others, with results including:

    • tenure denials overturned and tenure awarded
    • significant financial settlements in tenure, non-reappointment, rescission, and termination cases
    • reinstatement after termination for cause
    • dismissal of discrimination charges
    • favorable settlements and negotiated employment terms

Labor & Union Representation

Notable Cases

Wage & Hour

Notable Cases

  • Gregg, et al. v. Community Care Companions, Inc., et al.,

    Gregg, et al. v. Community Care Companions, Inc., et al., CA 25-00643 (4th Dept 2026) (overturning in its entirety lower court’s dismissal of wage-and-hour lawsuit, and holding that corporate officers can be held personally liable as employers and that plaintiffs need not allege actual injury where state statute grants standing)

  • Beh, et al. v. Community Care Companions Inc., et al.,

    No. 19-cv-01417 (JLS) (MJR) (W.D.N.Y. 2025) (denying defendants’ motion for summary judgment, motion to decertify the class, and motion to decertify the collective action, thereby entitling home health care workers to proceed to trial in wage and hour lawsuit)

  • Zapoteco v. Rapi Inc.

    No. 20-cv-6335 (LDH) (JRC) (E.D.N.Y. 2021) (approving settlement of $700,000 on behalf of restaurant workers in collective action lawsuit for violations of state and federal wage and hour laws)

  • Yong Xiong He v. China New Star Restaurant Inc.

    No. 19-cv-5907 (PKC) (CLP) (E.D.N.Y. 2020) (approving settlement of wage and hour claims of former restaurant worker for over $400,000)