REPRESENTATIVE REPORTED CASES

Attorneys Michael J. Muller & Daniel J. Mannix have more than 50 years of combined experience in successfully prosecuting and defending law suits either for their clients or brought against their clients. Muller & Mannix has been involved in some of the highest profile cases throughout the State of New York. Below are just a few of the cases that were handled by Michael Muller and Daniel Mannix that have been reported in legal articles, journals or publications.

ACCIDENT & PERSONAL INJURY CASES

Sharrow vs. New York State Olympic Regional Development Authority, 193 Misc.2d 20, 746 N.Y.S.2d 531 (N.Y. Court of Claims, Jun 05, 2002). Successful representation of Plaintiff Skier against State of New York, who operated Gore Mountain Ski Resort. Plaintiff skier fell after she unexpectedly came upon man-made "tabletop" ski jump which had recently been constructed on the ski trails, without notice.

Baumgartner vs. Allen d/b/a Northeast Mobile Home Specialists, Supreme Court, Saratoga County, Index No. 2001-677. Successful prosecution of Plaintiff’s claim for serious and permanent injuries from tractor-trailer accident.

Furman vs. Secretary of Health and Human Services, United States Court of Claims, Civil Case No.: 06-722v. Successful claim for damages after the wrongful death of an infant child caused by vaccine given to the child.

Stephen Briggs vs. Flo-Tech Orthotic & Prosthetic Systems, Inc., Sampson’s Prosthetic Laboratory, Inc., and Airron Industrial Corp., Supreme Court, Warren County, Index No.: 42032. Successful claim for injured plaintiff from the failure of the plaintiff’s prosthetic device as he was walking down stairs causing him to fall down stairs.

Foglietta vs. Lessors, Inc., Supreme Court, Warren County, Index No.: 49288. Successful claim for injuries suffered in a tractor-trailer accident.

Costabile vs. Brimstone Hill Corporation d/b/a Best Inns of Glens Falls, Supreme Court, Warren County, Index No.: 47246. Successful prosecution of claim for slip and fall on snow and ice in a hotel parking lot.

Sweet vs. Sheahan, 235 F.3d 80 (Court of Appeals, 2nd Cir. [N.Y.] 2000) (lead-based paint claim with multi-defendant litigation).

Fort Ann Cent. Sch. Dist. vs. Hogan, 206 A.D. 2d 723, 614 N.Y.S. 2d 803 (3rd Dept. 1994) causes of action, negligent misrepresentation, breach of contract, duty, misrepresentation, duties imposed, regulation, modified.

Managault vs. Rensselaer Polytechnic Institute, 62 A.D.3d 1196, 879 N.Y.S.2d 612 (3d Dept. 2009). Successful prosecution of Plaintiff’s slip & fall on snow and ice claim against local college.

Howard vs. Espinosa, 70 A.D.3d 1091, 898 N.Y.S.2d 267, (3d Dept. 2010) (personal injury accident concerning car crash at intersection).

Guay vs. Winner, 154 Misc.2d 71, 584 N.Y.S.2d 400 (Supreme Court, Saratoga County, 1992) (Liability of seller of motorcycle for allowing unlicensed operator to take test drive of motorcycle).

DISCRIMINATION, EMPLOYMENT LAW & GOVERNMENT RELATIONS

Whitman vs. City of Troy, 3 Misc.3d 794, 774 N.Y.S.2d 666 (Supreme Court, Rensselaer County 2004). Successful representation of the Plaintiff, the former Commissioner of Public Safety and Police Commissioner of a city was entitled to the benefits of General Municipal Law § 207-m, which provides that heads of certain police departments are entitled to salary increases when their highest ranking subordinate receives an increase.

Russo vs. Sysco Food Services of Albany, L.L.C., 488 F.Supp.2d 228 (N.D.N.Y., 2007). Successful litigation concerning the Americans with Disabilities Act [ADA]; Employment Law; Employment Discrimination for disabled employee.

West vs. Grant, 243 A.D. 2d 815, 662 N.Y.S. 2d 863, (3rd Dept. 1997). Litigation concerning Town Supervisor’s conflict of interest and removal; abuse of Town authority.

Aeneas McDonald Police Benev. Ass'n, Inc. vs. City of Geneva, 92 N.Y.2d 326, 703 N.E.2d 745, 680 N.Y.S.2d 887 (1998). Litigation of claim by Labor Union concerning the right to payment of full health insurance benefits for all retired membersPage 3 of 8 of the Police Department based on the practices of municipality.

Walter Otto vs. New York State Adirondack Park Agency, 252 A.D. 2d 898, 676 N.Y.S. 2d 330 (3d Dept. 1998) - legal representation of Mr. Otto in both Supreme Court and Appellate Division, Third Department concerning a boathouse structure which the APA considered a residence and in violation of its law. Both Supreme and Appellate Courts ruled in favor of Mr. Otto, believed to be the only ruling against the APA by the Third Department to date.

Russo vs. Sysco Food Services of Albany, L.L.C., 488 F.Supp.2d 228 (N.D.N.Y. 2007) (Employment Discrimination case for employee with epilepsy under Americans with Disabilities Act for Failure to Provide Reasonable Accommodations).

Rabideau vs. Beekmantown Cent. School Dist., 89 F.Supp.2d 263, 143 Ed. Law Rep. 202 (N.D.N.Y., March 23, 2000). Litigation involving students’ 1st Amendment Rights; Pledge of Allegiance; Student Medical Care.

Hodder vs. Schoharie County Child Dev. Council, 1995 WL 760832, N.D.N.Y., November 14, 1995 (NO. 95-CV-557) (Head Start Act litigation for disabled students).

Warner vs. Elmira College, 59 A.D.3d 909, 873 N.Y.S.2d 381 (3d Dept. 2009). Successful appeal of Article 78 Proceeding wherein the Student was wrongfully expelled from private college.

Garenani vs. County of Clinton, 552 F.Supp.2d 328 (N.D.N.Y. 2008) (wrongful imprisonment; 1983 Action; Qualified Immunity).

Moran vs. City of Saratoga Springs, 21 Misc.3d 195, 862 N.Y.S.2d 286 (Sup. Ct., Saratoga County 2008). Representation of City of Saratoga Springs on its objection to New York State unfunded mandate requiring Cities to grant paid leave to undergo medical screening test to detect breast cancer under newly enacted Civil Service Law § 159-b.

Pritzker vs. City of Hudson, 47 F.Supp.2d 303 (N.D.N.Y. 1999). Successful defense of City of Hudson on 42 USC § 1983 civil rights action against city and police officers asserting claims of malicious prosecution, excessive use of force, and violation of his right to privacy.

Lavin vs. Town of East Greenbush, 17 Misc.3d 766, 843 N.Y.S.2d 484 (Sup. Ct., Rensselaer County, 2007). Successful prosecution of Chief of Police’s claim regarding additional compensation under General Municipal Law § 207-m.

Perryman vs. Village of Saranac Lake, 41 A.D.3d 1080, 839 N.Y.S.2d 290 (3d Dept. 2007) (Wrongful Employment Termination and Slander and Libel action of Village Chief of Police).

Montano vs. City of Watervliet, 47 A.D.3d 1106, 850 N.Y.S.2d 273 (3d Dept. 2008) (City Liability concerning revocation of building permit).

Jennings vs. City of Glens Falls Indus. Development Agency, 305 A.D.2d 962, 761 N.Y.S.2d 693 (3d Dept. 2003) (tax enforcement action against property owner).

In re Claim of Kennison, 144 A.D.2d 162, 534 N.Y.S.2d 716 (3d Dept. 1988) (Unemployment insurance law. Employer vs. Independent Contractor).

Whitehead vs. United Parcel Service, Inc., 2009 WL 2568554 (N.D.N.Y. 2009) (Civil Rights, Employee Discrimination, Epilepsy).

TOXIC TORTS & ENVIRONMENTAL LAW CASES

Lambrinos et. al. vs. Exxon Mobil Corp. et. al., 2004 WL 2202760 (N.D.N.Y., September 29, 2004). Successful representation of Plaintiffs in multi-million dollar law suit concerning petroleum spill under Navigation Law § 181 and the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§6901-6992k, as agent for the NYSDEC, for the environmental clean-up of city block in City of Plattsburgh.

Chasm Hydro, Inc. vs. New York State Dept. of Environmental, 14 N.Y.3d 27, 923 N.E.2d 1137 (2010). Defense of Claimant from State of New York claims of violation of NYSDEC Regulations concerning operation of hydroelectric dams on navigable waters and alleged spill of silt, soil and deposits from the hydroelectric dam.

Baldwin vs. Bradt, 62 A.D.3d 1131, 879 N.Y.S.2d 242 (3d Dept. 2009) (issues of landfill contamination, improper closure of landfill, municipal liability).

Golovach vs. Belmont L.M., et.al., Supreme Court, Clinton County, Index No.: 38519. Successful claim for personal injuries suffered by family from toxic gasoline fumes from gasoline spill at adjacent gas station.

CRIMINAL CASES

People vs. Fricano, 267 A.D.2d 1043, 702 N.Y.S.2d 478 (4th Dept. 1999) (search and seizure case).

People vs. Cody, 260 A.D.2d 718, 689 N.Y.S.2d 245 (3d Dept. 1999) (assigned appeal, issues of failure to instruct lesser included defense).

People vs. Sabo, 16 A.D.3d 920, 792 N.Y.S.2d 645 (3d Dept. 2005)(Jury trial, issues of inconsistent verdicts, instructions to jury).

People vs. Ladd, 89 N.Y.2d 893, 675 N.E.2d 1211, 653 N.Y.S.2d 259 (1996) (Jury Trial, Sufficiency of Jury Instruction, Harmless Error).

CORPORATE & COMMERCIAL LITIGATION

Kumar vs. American Transit Insurance Company, 57 A.D.3d 1449, 869 N.Y.S.2d 715 (4th Dept. 2008) Successful defense of Insurance company on principles of equitable subrogation, malpractice claim against insured’s attorneys, who failed to appear and defend the insured. (Representation of Defendant in insurance claim).

Erdman vs. Eagle Ins. Co., 239 A.D.2d 847, 658 N.Y.S.2d 463 (3d Dept. 1997) (insurance bad faith claim, issues of general release).

Cromme vs. Pioneer Homes, 216 A.D.2d 714, 627 N.Y.S.2d 847 (3d Dept. 1995) (Exclusive Dealing Sales Agreement, Summary Judgment).

Flynn vs. Timms, 199 A.D.2d 873, 606 N.Y.S.2d 352 (3d Dept. 1993) (Insurance Law, Policy Coverage, Exclusions to Policy).

Buchwald vs. Waldron, 183 A.D.2d 1080, 583 N.Y.S.2d 682 (3d Dept. 1992) (Breach of Construction Contract, Damages, Trial).

Fulmont Mut. Ins. Co. vs. Toran, 158 A.D.2d 829, 551 N.Y.S.2d 414 (3d Dept. 1990) (Insurance Law; Issuance of Binder and Payment of Fee; Loss occurring before Policy Issued).

Granger vs. Schachenmayr, 49 A.D.3d 1079, 857 N.Y.S.2d 239 (3d Dept. 2008) (Contract Law, specific performance, meeting of minds, executory vs. fully executed contracts).

Rourke Developers Inc. vs. Cottrell-Hajeck Inc., 285 A.D.2d 805, 727 N.Y.S.2d 667 (3d Dept. 2001) (contract dispute concerning development of subdivision).

Convenient Medical Care P.C. vs. Medical Business Associates Inc., 291 A.D.2d 617, 737 N.Y.S.2d 403 (3d Dept. 2002) (contract dispute concerning loss of business income from erroneous medical billing).

REAL PROPERTY & BORDERLINE DISPUTES

Levy vs. Morgan, 31 A.D.3d 857, 818 N.Y.S.2d 335 (3d Dept. 2006) (Property dispute concerning easements and docking rights - action was tried successfully in 2008).

Green Harbour Homeowners' Ass'n, Inc. vs. Ermiger, 50 A.D.3d 1199, 855 N.Y.S.2d 295 (3d Dept. 2008). Successful defense of Homeowner’s Association’s title to building lots from developer’s claims of title.

Green Harbour Homeowners' Ass'n, Inc. vs. Chicago Title Ins. Co., 74 A.D.3d 1655, 905 N.Y.S.2d 304, (3d Dept., June 24, 2010) (Declaratory action by Homeowners Association for coverage under title insurance policy).

Weir vs. Gibbs, 21 Misc.3d 1127(A), 873 N.Y.S.2d 516, (Sup. Ct., Clinton County, 2006)(trial of boundary line dispute, including adverse possession claim).

Lassiter Properties, Inc. vs. State of New York, 22 A.D.3d 895, 802 N.Y.S.2d 770 (3d Dept. 2005) (enforcement of rights of property owner to timber lands within the Adirondack Park in New York involves claim against State of NY for attempting to prevent owner of timber contract to engage in lumber business).

Boyd vs. Town of North Elba, 28 A.D.3d 929, 813 N.Y.S.2d 247 (3d Dept. 2006) (Action to prevent Town from flooding client’s property by diverting water onto owner’s property from storm water drain. Also involved enforcement of stipulation of settlement in open court - matter successfully tried in 2008).

Boyd vs. Haritidis, 239 A.D.2d 820, 657 N.Y.S.2d 463 (3d Dept. 1997) (Contract dispute over the return of real property down payment after cancelled sale of property).

Allen vs. Vuley, 223 A.D.2d 868, 635 N.Y.S.2d 821 (3d Dept. 1996) (successful defense of Plaintiff’s claims of timber and logging rights on plaintiff’s property).

Hill vs. Town of Horicon, 176 A.D.2d 1169, 576 N.Y.S.2d 50 (3d Dept. 1991). Litigation concerning Highway Law § 189; defense of CPLR Article 78 proceeding to compel Town to maintain and upgrade a certain road.

Sassone vs. Town of Queensbury, 157 A.D.2d 891, 550 N.Y.S.2d 161 (3d Dept. 1990) (Trespass Action. Amendment of Pleadings).

Meadow Run Development Corp. vs. Atlantic Refining and Marketing Corp., 155 A.D.2d 752, 547 N.Y.S.2d 697 (3d Dept. 1989) (enforcement of restrictive deed covenants).