Joshua Stern

Joshua Stern is an experienced litigator and counselor focusing his practice on commercial litigation, including complex business and transactional matters, and negligence defense, especially the defense of claims under New York State's strict Labor Law. He brings to the firm his experience handling manifold other civil actions including, but not limited to, breach of contract, catastrophic injuries, premises liability, toxic torts, product liability, construction defects, property damage, and declaratory judgment actions for insurance coverage disputes. He represents insured policyholders, uninsured businesses and individuals, municipalities, public figures, and insurance companies.

As lead trial counsel, Josh handles his clients’ cases from inception through verdict, including post-trial motion practice and appellate work with great success. Josh has obtained several unanimous jury defense verdicts and won countless summary judgment decisions in favor of landlords, businesses, municipalities, and homeowners. He has also had several of his clients’ favorable decisions upheld, and unfavorable decisions overturned, in appellate courts.

Josh has represented lobbyists, international suppliers, multi-million dollar companies, directors and officers, multifarious business owners, and construction companies in commercial actions. His commericla litigation experience covers fraud, breach of contract, complex business agreements, compliance claims, breach of warranties, and breach of fiduciary duties, amongst other areas. 

Josh earned his bachelor’s at Baruch College and his J.D. at Touro College Jacob D. Fuchsberg Law Center, where he received several honors and awards; was a legal volunteer in the school’s Pro Bono Project, serving residents of New Orleans; and served as associate editor-in-chief of the Moot Court Honor Society. He has returned to Touro as a guest lecturer on “The Art of Conducting the Deposition.” While pursuing his degree, Josh also gained valuable experience as a legal intern with the Hon. Michele Woodard in the Nassau County Supreme Court.

Representative Matters

• Achieved unanimous jury defense verdict in a commercial action involving the alleged breach of a lobbying contract with $500,000 of personal assets at risk
• Judge directed verdict in defendant-board-of-managers’ favor after a bench trial regarding allegations of the defendant’s breach of fiduciary duty and malfeasance in lawsuit for $300,000
• Judge granted an insurer client’s petition after a bench trial declaring that the insurer did not owe defense and indemnification to its assured
• Appellate court upheld a summary judgment in favor of homeowners rejecting the plaintiff’s attempted reliance on res ipsa loquitur in a traumatic brain injury case involving a defective piston
• Appellate Term upheld a lower court’s decision granting summary judgment in favor of the client, a landlord whose tenant bit a passerby, resulting in severe injuries including surgical intervention and the implantation of hardware
• Appellate court upheld a decision dismissing a case against a grocery store when the plaintiff fell on an allegedly concealed basket discarded near a checkout counter
• Won declaratory judgment action in favor of an insurance company holding that it did not owe defense or indemnification to its assured; the Appellate Division First Department upheld the judgment and denied further appeal to the New York Court of Appeals