Attorney Vincent Thomas Pallaci's Legal Cases

Construction and development

NYC Property Owner Damaged By Adjacent Construction

Oct 12, 2022

OUTCOME: $1.1 million settlement in favor of Mr. Pallaci's Client

Mr. Pallaci represented a property owner on the Lower East Side of Manhattan that claimed its property was damaged by a new condo being built on the adjacent property. The property owner claimed phy ... sical damages of more than $600,000. The case went to mediation once discovery was completed and Mr. Pallaci secured a settlement for his client covering the entire property damage claim, reimbursement of all legal fees, reimbursement of lost tenant rent and interest.

Construction and development

AIA Contract Dispute with International Capital Fund

Jul 01, 2021

OUTCOME: $1.9 million award in favor of Mr. Pallaci's client

Mr. Pallaci represented a contractor involved with rehabilitation of a several hundred unit residential facility owned by an international capital fund. The contractor made claims for non-payment of ... contract sums of nearly $1.5 million plus interest. The owner asserted counter claims for alleged defective work and overpayment claiming that the contractor owed it in excess of $ 3 million. The case was arbitrated before a 3 arbitrator panel of the American Arbitration Association under the International Dispute Resolution rules. More than 180 exhibits were entered into evidence over the course of a two week hearing. The panel awarded Mr. Pallaci's client $1.9 million and denied the owner's $3 million counterclaim in it's entirety. Key to the case were the parties course of conduct during construction, including field mock ups by the engineer, determinations made by the IDM under the AIA contract and the meaning and effect of the termination for convenience clause and notice provisions of the A201.

Construction and development

NYC Property Owner Sues Adjacent Developer for Damages

Sep 28, 2015

OUTCOME: $3.5 million settlement in favor of Mr. Pallaci's client

Mr. Pallaci represented a property owner near New York City's Times Square in a claim for damage sustained to the building as the result of construction that took place on two adjacent lots that were s ... imultaneously building new hotels.

Construction and development

NY Professional Drywall of OC v. Rivergate Development et al.

Nov 01, 2012

OUTCOME: Trial court reversed and Lien Law Article 3A trust diversion claim reinstated

Lienor brought claim against developer and general contractor to simultaneously foreclose upon mechanic's lien and pursue claim for diversion of trust funds under Lien Law Article 3A. The defendan ... ts moved for summary judgment dismissing the Article 3A trust diversion claims arguing that the payment of money into court to secure the mechanic's lien extinguished the Article 3A trust. The trial court agreed with the defendants and dismissed the trust diversion claim. On appeal, the Appellate Division reversed holding that simultaneous pursuit of the lien foreclosure action and the trust diversion action under Article 3A was permissible and the fact that the lien was secured by a payment of money into court did not change the outcome.

Construction and development

Precast Concrete Supplier Paid in Full

Aug 01, 2011

OUTCOME: Settled for 100% of total claim

Mr. Pallaci represented a precast concrete supplier in a mechanic's lien foreclosure action. The owner alleged that the supplier had not completed the specially manufactured materials and, therefore, ... was not entitled to payment.

Insurance

Pioneer Tower Owner's Association v. State Farm

Apr 29, 2009

OUTCOME: Plaintiff was awarded summary judgment

Condominium tower owners association filed declaratory judgment action against State Farm when State Farm denied coverage for damage to the building caused by defective and negligent excavation and und ... erpinning on an adjacent property. State Farm based its denial of coverage on an "earth movement" exclusion and "settling and cracking exclusion" in the policy. Condominium tower argued that the policy was vague as written and that a reasonable person would not read it to mean that earth movement included damage caused by the intentional removal of earth by others. Condominium association was victorious at the trial court level and the decision was affirmed by the Appellate Division Second Department. State Farm then appealed to the Court of Appeals, New York's highest court, and the decision was again affirmed in favor of the Conominium Association. The case, which was one of first impression at the Court of Appeals level in New York, could have a strong impact on insurance coverage disputes across the United States for years to come.

Litigation

Barkan v. New York Schools Insurance Reciprocal

N/A

OUTCOME: Plaintiffs' award of summary judgment affirmed

The plaintiffs were former members of the board of education of the Roslyn School District in Nassau County, New York. They were sued for alleged negligence and breach of fiduciary duty in connection ... with a criminal scandal that occurred and resulted in more than $11 million in losses to the District. The plaintiffs were denied insurance coverage by the New York Schools Insurance Reciprocal (NYSIR), the insurer that issued the board's errors and omissions policy. Plaintiffs sued NYSIR for wrongfully denying coverage and won summary judgment at the trial court level. NYSIR appealed and the judgment in their favor was affirmed by the Appellate Division, Second Department. The Appellate Division found that NYSIR's late notice argument was without merit, holding that the board members did not have any reason to know that there could be a claim against them until they were served with the complaint in the negligence action so, therefore, they did not need to provide notice when the alleged criminal acts occurred as NYSIR argued. The court also held that NYSIR failed to establish that there were material representations in the insurance application that would justify rescinding the policy.

Construction and development

Construction Defect Case

N/A

OUTCOME: Settled for $187,500.00

Mr. Pallaci represented a condominium owner in a claim against the builders and designers of the condo for damages arising out of structural and water infiltration issues.

Construction and development

Breach of construction contract

N/A

OUTCOME: Settled for $241,000.00

Mr. Pallaci represented a national protective coating contractor in a payment dispute with a municipal owner. The claims revolved primarily around allegeldy unapproved oral change orders. Mr. Pallaci ... achieved a swift settlement for his client.

Contracts and agreements

Breach of contract to provide equipment

N/A

OUTCOME: Settled for $90,000.00

Mr. Pallaci represented a national filtration system manufacturer. The manufacturer sold a system to a subcontractor for a municipal project in New York City. The subcontractor accepted delivery of t ... he product but failed to inspect it for several months and then refused to pay. Arguing that the subcontractor had waived its right to reject the shipment by accepting the shipment and retaining possession for several months before voicing any object, Mr. Pallaci secured a favorable settlement on the eve of trial.

Vincent Thomas Pallaci's Legal Cases (11)

NYC Property Owner Damaged By Adjacent Construction

AIA Contract Dispute with International Capital Fund

NYC Property Owner Sues Adjacent Developer for Damages

NY Professional Drywall of OC v. Rivergate Development et al.

Precast Concrete Supplier Paid in Full

Pioneer Tower Owner's Association v. State Farm

Barkan v. New York Schools Insurance Reciprocal

Construction Defect Case

Breach of construction contract

Breach of contract to provide equipment