Attorney Michael Eli Ginsberg's Legal Cases

Discrimination

McInerny v. Rensselaer Polytechnic Institute, et al.

Jan 01, 2014

OUTCOME: Trial victory. Affirmed on appeal

The principle issue raised in this case involving alleged violations of the American’s with Disabilities Act (ADA) was the sufficiency of the accommodation provided for testing to a doctoral candidate ... suffering from a mental / psychological condition resulting from a brain infection. The District Court as well as the Second Circuit agreed that the testing method employed was in compliance with ADA requirements. I believe that this was a case of first impression with regard to the exact method of ADA compliance implemented by the educational institution to accommodate the needs of the plaintiff.

Business

Rensselaer Polytechnic Institute v. Varian, Inc.,

Aug 12, 2009

OUTCOME: Appeal decided in favor of Client.

District Court improperly dismissed plaintiff's claims regarding breach of contract and recovery of damages. 2nd Circuit Court of Appeals reinstated claim.

Divorce and separation

Courtney v. Brownstein

Jun 13, 2009

OUTCOME: Appeal decided in favor of Client.

Appeal of divorce issues.

Land use and zoning

Eadie v. Town Bd. of Town of North Greenbush,

Jan 10, 2008

OUTCOME: Decision and appeal in favor of Client.

Suit relating to development of retail shopping plaza. Decision allowing project to go forward.

Contracts and agreements

Pozament Corporation, v. AES Westover, LLC 27 A.D. 3d 1000

Jan 01, 2006

OUTCOME: Trial Victory. Affirmed on appeal

Such decision has been cited by eighteen New York State reported cases. This matter involved a breach of contract action associated with plaintiff’s contract for removal of fly ash, a by-product o ... f coal based power generation, from defendant’s Broom County power facility. The Appellate Division, Third Department rendered a decision on the summary judgment motion adopting my argument and codifying the principle that if a court finds an ambiguity in a contract's terms the contract is not rendered void for lack of definiteness and the ambiguity should be resolved by the trier of fact.

Litigation

House v. RPI

Mar 04, 2005

OUTCOME: Jury Verdict in favor of Client on $250K claim.

Personal injury claim against defendant stemming from auto collision.

Litigation

Berkley v. RPI

Nov 07, 2002

OUTCOME: Jury verdict in favor of Client on $950K claim.

Personal injury claim against defendant for negligence associated with severe back injury suffered by plaintiff.

Commercial real estate

• City of Troy v. 1776 6th Avenue, LLC

N/A

OUTCOME: Trial Victory, Affirmed on appeal.

This was a high profile breach of contract matter relating to the City of Troy’s tenancy at its’ interim city hall location, 1776 Sixth Avenue, Troy, New York. It involved issues related to breach of ... the covenant of quiet enjoyment, contract construction and obligations associated with governmental compliance clauses (requiring tenants to comply with applicable laws, rules regulations, and ordinances.)

Constitutional

• People v. Cybulski, Ehring, Germano, Goldberger and Zwack

N/A

OUTCOME: Victory

I acted as sole counsel representing The Record newspaper as well as its’ reporter Jamie Gilkey and developed all theories and strategies. A subpoena was issued by defense counsel seeking the source o ... f the reporter’s information pertaining to the criminal prosecution. Such subpoena was quashed pursuant to the New York State “Shield Law”. This was a trial of Rensselaer County public officials accused of bribery, perjury, and civil rights violations. They were acquitted.