Attorney David H. Rosenberg's Legal Cases

Discrimination

Sharon Sullivan vs. New York City Department of Investigation, et al.

Dec 03, 2014

OUTCOME: On December 3, 2014, United States District Judge Thomas P. Griesa denied Defendants' motion to dismiss.

Mr. Rosenberg represented the Plaintiff, Sharon Sullivan, who alleged that she was discriminated against on account of race, religion, and retaliated against due to her complaints of discrimination, p ... ursuant to Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. On or around November 14, 2014, the Defendants move to dismiss the Complaint.

Education

Jane Doe, et al. vs. South Huntington Union Free School District

Jul 14, 2014

OUTCOME: On July 14, 2014, the HOnorable Joseph Farneti denied summary judgment in part.

Mr. Rosenberg filed a state court complaint on behalf of the minor Plaintiff alleging negligent training and negligent supervision with respect to one of the School District's bus drivers. Defendant m ... oved to dismiss pursuant to CPLR 3211(a)(5) and (7) and General Municipal Law Section 50-e on the grounds that the Plaintiff failed to serve a timely notice of claim and timely commence the action within the applicable statute of limitations. Mr. Rosenberg opposed the motion.

Libel and slander

David Shaw, et al. vs. Club Managers Association of America, Inc., et al.

May 08, 2014

OUTCOME: On May 8, 2014, the Honorable Stephen A. Bucaria denied the motion for summary judgment in part. Several of the defamation and tortious interference claims were not dismissed; and the Plaintiff's expert testimony was not precluded.

Mr. Rosenberg represented David Shaw, a consultant who advises private country clubs on a variety of matters, and his consulting company. The general allegations were that the Defendants conspired to b ... oycott Plaintiffs' services in the country club industry through defamation and tortious interference with prospective economic advantage. The Defendants moved for summary judgment to dismiss the complaint; and to preclude expert testimony. Mr. Rosenberg opposed the motion.

Employment and labor

Joseph Arena, on behalf of himself and all others similarly situated vs. Plandome Taxi Inc. and Robert Marmo.

Apr 14, 2014

OUTCOME: On April 14, 2014, United States District Judge Denis R. Hurley denied the motion for summary judgment in part.

Mr. Rosenberg brought an aciton on behalf of Plaintiff alleging violations of the Fair Labor Standards Act, the New York State Labor Law, the NEw York Code of Rules and REgulations, and for wrongful co ... nversion of funds. Defendants moved for summary judgment to dismiss the complaint and Mr. Rosenberg opposed.

Contracts and agreements

Joseph Erigo vs. Lois Palazzo and Staci Palazzo

Dec 06, 2013

OUTCOME: On December 6, 2013, the Honorable Norman Janowitz granted Mr. Rosenberg's motion for summary judgment in part..

Mr. Rosenberg represented the Defendants who were sued for breach of contract, unjust enrichment, quantum meruit, quasi-contract, equitable lien, construct trust, and fraudulent conveyance. Mr. Rosenb ... erg moved for summary judgment to dismiss the Complaint.

Discrimination

William McAllister vs. Metropolitan Transit Authority, et al.

Aug 26, 2013

OUTCOME: On August 26, 2013, United States District Judge John Gleeson denied Defendants' motion to dismiss.

Mr. Rosenberg filed a federal complaint on behalf of William McAllister against the Metropolitan Transit Authority and the Long Island Railroad (LIRR) alleging violations of the Americans with Disabil ... ities Act, the New York State Human Rights Law, and the New York City Administrative Code. The LIRR moved to dismiss the complaint and Mr. Rosenberg opposed.

Discrimination

Oma Oparah vs. The New York City Department of Educaiton

Jul 18, 2013

OUTCOME: On July 18, 2013, United States District Judge John G. Koeltl denied Defendant's motion to dismiss.

Mr. Rosenberg filed a federal complaint on behalf of Plaintiff, Oma Oparah, in the Southern District of New York. Plaintiff alleged gender, national origin, race, and age discrimination in violation o ... f Title VII of the Civil Rights Act of 1964, and the Age Discrimination In Employment Act. Defendant moved to dismissed the complaint and Mr. Rosenberg opposed.

Civil rights

Raman Kumar vs. New York City School Construction Authority, et al.

Nov 28, 2011

OUTCOME: On November 28, 2011, United States District Judge P. Kevin Castel denied summary judgment in part. Plaintiff's due process violation and age discrimination claims were not dismissed.

Mr. Rosenberg represented the Plaintiff, Raman Kumar, a former employee of the New York City Construction Authority who brought claims of employment discrimination on the basis of national origin and a ... ge under Title VII of the Civil Rights Act of 1964 ("Title VII". the New York State Human RIghts Law, and the New York City Human Rights Law; and due process rights violations under the Fifth and Fourteenth Amendments pursuant to 42 U.S.C. Section 1983. The Defendants moved for summary judgment to dismiss the complaint. Mr. Rosenberg opposed the motion.

Criminal defense

The People vs. Rafatullah Arefy

Sep 09, 2011

OUTCOME: Case dismissed.

Mr. Rosenberg represented the Defendant who was charged with operating a reverse mortgage scam. The alleged victim was a prominent ex-city councilman, Dr. Kendall Stewart, and Mr. Rosenberg moved to d ... ismiss.

Criminal defense

The People of the State of New York vs. Malquisua Cerrato

May 26, 2009

OUTCOME: On May 26, 2009, District Court Judge Margaret C. Reilly granted Mr. Rosenberg's motion for dismissal.

Mr. Rosenberg represented the Defendant who was charged with violating Penal Law Section 240.30(1), aggravated harassment in the second degree. Mr. Rosenberg moved for dismissal pursuant to CPL Sectio ... n 170.30(1)(a).

David H. Rosenberg's Legal Cases (10)

Sharon Sullivan vs. New York City Department of Investigation, et al.

Jane Doe, et al. vs. South Huntington Union Free School District

David Shaw, et al. vs. Club Managers Association of America, Inc., et al.

Joseph Arena, on behalf of himself and all others similarly situated vs. Plandome Taxi Inc. and Robert Marmo.

Joseph Erigo vs. Lois Palazzo and Staci Palazzo

William McAllister vs. Metropolitan Transit Authority, et al.

Oma Oparah vs. The New York City Department of Educaiton

Raman Kumar vs. New York City School Construction Authority, et al.

The People vs. Rafatullah Arefy

The People of the State of New York vs. Malquisua Cerrato