Attorney Robert Benjamin Weissman's Legal Cases

Civil rights

Davitt v Kralik, 32 Misc. 3d 141(A), 938 N.Y.S.2d 226 (App. Term, 2nd Dep't 2011)

Aug 16, 2011

OUTCOME: We won our motion, plaintiff was prohibited from bringing any further small claims suits against our client without judicial approval, and the decision was affirmed following plaintiff's appeal.

Following a series of frivolous small claims actions brought by plaintiff against our client, we moved not only to dismiss, but to prohibit plaintiff from bringing any further small claims cases agains ... t our client without prior court approval.

Insurance

Fink v. Le Pays Basque, 4/4/11 NYLJ, Decisions of Interest (Sup. Ct. NY Cnty. 2011)

Mar 25, 2011

OUTCOME: We obtained summary judgment and plaintiff's case was dismissed

We represented the defendant in a wrongful death/dram shop claim. The plaintiff claimed that her relative died because of our client's alleged over-service of alcohol.

Employment and labor

Sheffield v. Sheriff of the Rockland County Sheriff Dep't, 393 Fed. Appx. 808 (2d Cir. 2010)

Sep 22, 2010

OUTCOME: We won our motion to dismiss plaintiff's case, and we then had our victory affirmed by the U.S. Court of Appeals for the Second Circuit. Plaintiff's appellate counsel was a prominent white-shoe law firm.

We represented the defendant in an employment discrimination claim. The plaintiff claimed to have been fired because of racial and gender-based discrimination.

Employment and labor

Ruiz v. Rockland, 609 F3d 486 (2d Cir 2010)

Jun 30, 2010

OUTCOME: We won summary judgment, plaintiff's case was dismissed, and our victory was affirmed following plaintiff's appeal to the U.S. Court of Appeals for the Second Circuit.

We represented the defendant in an employment/civil rights case in which the plaintiff claimed to have been fired because of racial and national origin discrimination. We won summary judgment, establis ... hing that there was a non-discriminatory reason for the termination. The plaintiff appealed to the United States Court of Appeals for the Second Circuit, and we won on appeal as well. The Second Circuit's decision has gone on to become one of the most cited employment/civil rights decisions in recent years in this Circuit.

Insurance

Vargas v Tomorrow Travel & Tour, Inc., 74 A.D.3d 1626, 904 N.Y.S.2d 248 (3d Dep't 2010)

Jun 17, 2010

OUTCOME: We won summary judgment and the case was dismissed. We established that plaintiff's disability was not a result of the accident. We had our victory affirmed following plaintiff's appeal.

We represented a bus company in which the bus slipped on ice and crashed into a guardrail. The plaintiff claimed to have sustained permanently and completely disabling brain and back injuries.

Insurance

Mejia v Era Realty Co., 69 A.D.3d 816, 894 N.Y.S.2d 460 (2d Dep't 2010)

Jan 19, 2010

OUTCOME: We won summary judgment and plaintiff's case was dismissed based on the storm-in-progress rule and our client's status as an out-of-possession landlord. Our victory was affirmed following plaintiff's appeal.

We represented the defendant-landlord in a trip and fall/slip and fall case.

Employment and labor

Matter of County of Rockland v Rockland Assn. of Mgt., 69 A.D.3d 621, 891 N.Y.S.2d 285 (2d Dep't 2010)

Jan 05, 2010

OUTCOME: We won and the arbitration was permanently stayed. After our petition to stay was initially denied, the Appellate Division, Second Department agreed with us that the lower court's decision was wrong, reversed that decision and granted our petition

We represented an employer who had terminated an employee. The employee demanded binding arbitration and we moved to permanently stay the arbitration because the employee had waived his right to it.

Civil rights

Kashelkar v. Vill. of Spring Valley, 320 Fed. Appx. 53 (2d Cir. 2009)

Apr 07, 2009

OUTCOME: We won summary judgment, plaintiff's case was dismissed and our victory was affirmed following plaintiff's appeal to the U.S. Court of Appeals for the Second Circuit.

We represented the defendant in a malicious prosecution/civil rights case in which the plaintiff claimed to have been prosecuted because of his race and national origin.

Insurance

Hughes v. Bi Feng Nie, 12 A.D.3d 406 (2d Dep't 2004)

Oct 14, 2004

OUTCOME: Mr. Weissman got the case dismissed on the basis of the statute of limitations and the inapplicability of the relation-back doctrine. Mr. Weissman then won again following plaintiff's appeal.

Mr. Weissman represented the defendant, the lessor of a motor vehicle, in a personal injury action.

Insurance

Youn v. Bali 9 Bldg. Assocs., 2003 N.Y. Misc. LEXIS 155 (App. Term, 1st Dept. 2003)

Feb 25, 2003

OUTCOME: Mr. Weissman won a motion for summary judgment, the case was dismissed and Mr. Weissman won again following plaintiff's appeal.

Mr. Weissman represented the defendant in a case in which the plaintiff fell through a trap door.

Robert Benjamin Weissman's Legal Cases (41)

Davitt v Kralik, 32 Misc. 3d 141(A), 938 N.Y.S.2d 226 (App. Term, 2nd Dep't 2011)

Fink v. Le Pays Basque, 4/4/11 NYLJ, Decisions of Interest (Sup. Ct. NY Cnty. 2011)

Sheffield v. Sheriff of the Rockland County Sheriff Dep't, 393 Fed. Appx. 808 (2d Cir. 2010)

Ruiz v. Rockland, 609 F3d 486 (2d Cir 2010)

Vargas v Tomorrow Travel & Tour, Inc., 74 A.D.3d 1626, 904 N.Y.S.2d 248 (3d Dep't 2010)

Mejia v Era Realty Co., 69 A.D.3d 816, 894 N.Y.S.2d 460 (2d Dep't 2010)

Matter of County of Rockland v Rockland Assn. of Mgt., 69 A.D.3d 621, 891 N.Y.S.2d 285 (2d Dep't 2010)

Kashelkar v. Vill. of Spring Valley, 320 Fed. Appx. 53 (2d Cir. 2009)

Hughes v. Bi Feng Nie, 12 A.D.3d 406 (2d Dep't 2004)

Youn v. Bali 9 Bldg. Assocs., 2003 N.Y. Misc. LEXIS 155 (App. Term, 1st Dept. 2003)