Moderator and panelist for four-part Evidence Series at Nassau Academy of Law with Hon. Arthur M. Diamond, JSC (Ret). Part 1: Relevant, Circumstantial and Direct Evidence. Part 2: Opening the Door and Habit Evidence; Part 3: Impeachment and Opinion Evidence; and Part 4: Hearsay, Closing and demonstrative evidence.
Marcus Monteiro elected as Chairperson of Labor/Employment Law Committee of Nassau County Bar Association.
$1,325,000.00 settlement of FLSA and N.Y. Lab. Law case consisting of 534 person class; Marcus Monteiro as class counsel. Subhan et al. v. Ram Caterers of Old Westbury et al., 20-cv-5541 (E.D.N.Y. 2022) $550,000 settlement of FLSA and N.Y. Lab. Law case consisting of five construction company employees. Oscar Canales et al. v. Robert Drexler; 20-cv-05378 (E.D.N.Y. 2023)(NRM)(ARL)
$375,000.00 settlement of FLSA and N.Y. Lab. Law case consisting of four tree trimming/removal company employees. Peraza Valle v. Valencia et al., 20-cv-05375 (E.D.N.Y. 2023)(GRB)(AYS)
$300,000 settlement of FLSA and N.Y. Lab. Law case consisting of five landscaping company employees. Justo Claros et al. v. Pietro Cipriano et al., 22-cv-2706 (E.D.N.Y. 2023)(JMA) (ARL)
$97,500 settlement of N.Y. Labor Law case for two landscapers. Jose Mendez et al. v. Michael Parente et al., Index No. 614696/2021 (N.Y. Supreme Ct., Nassau County 2023)
Settlement of FLSA and N.Y. Lab. Law case consisting of five restaurant employees. Gutierrez et al. v. DaVinci’s Restaurant et al., 20-cv-05380 (E.D.N.Y. 2023) (GRB)(ARL)
$75,000.00 settlement of N.Y. Labor Law claims for landscaping company employees). Pedro Elias et al. v. LI Building & Maintenance Corp., Index No. 606244/2022 (N.Y. Supreme Ct., Nassau County 2023)
Settlement of N.Y. Labor Law case for restaurant worker. Roney Cuceda et al. v. Revel Restaurant, Index No. 609671/2022 (N.Y. Supreme Ct., Nassau County 2023)
Settlement of N.Y. Labor Law claims for delivery worker. Peter Lopez v. Konap Industries et al., Index No. 610211/2022 (N.Y. Supreme Ct., Nassau County 2023)
Settlement of N.Y. Labor Law claims for maintenance worker at motel. Gaitan v. Patel et al. v. Parkway Motor Inn., Index No. 611241/2020 (N.Y. Supreme Ct., Nassau County 2023)
Marcus Monteiro elected to the Board of Directors of the Nassau County Bar Association (2021-2024 term).
Marcus Monteiro elected as Secretary to Labor/Employment Committee of the Nassau County Bar Association (2021-2024 term).
$1,300,00.00 settlement of NYLL claims on behalf of 675-person class; Marcus Monteiro as class counsel. Soliz et al. v. Ultra Sonic Inc. et al., Index No. 602651/2021 (N.Y. Supreme Ct., Nassau County 2021).
$205,000.00 attorney fee award after hearing in NYLL case. Ramires et al. v. AGDG Car Wash Corp. et al., Index No. 616170/2019 (N.Y. Supreme Ct. Nassau County 2021).
In a case of first impression, Court finds that accepted CPLR § 3221 Offer to Compromise Claims does not include attorneys’ fees and sets matter for hearing to determine same. Ramires et al. v. AGDG Car Wash Corp. et al., Index No. 616170/2019 (N.Y. Supreme Ct., Nassau County 2021) (Sher, D.).
Court grants plaintiff/clients requested relief and substantial attorneys’ fees following three day trial._v._, Index No._/2018 (N.Y. Supreme Ct., Nassau County 2021).
Represents 19 School Districts in large Bankruptcy Litigation/Adversary Proceedings. In re Baumann & Sons Buses, Inc., et al., 20-cv-72121 (E.D.N.Y. Bankr. Ct. 2021).
Summary Judgment granted with declaration that client Amica (insurance company) has no duty to defend, indemnify, or otherwise provide insurance coverage to the insured in connection with a physical altercation that occurred in a hotel resulting in personal injury. Amica Mutual Ins. Co. v. William David Setter and Keith W. Harris, Index No. 128433/2020 (N.Y. Supreme Ct., Ontario County 2021).
Obtained favorable settlement following commencement of an insurance coverage action against primary and excess insurers of historic policies on behalf of a school district seeking a declaration that it entitled to a defense and indemnity in connection with an action brought against the district under the Child Victim Act. Onteora Central School District v. CNA Insurance Company, et al., 1:21-CV-0027(N.D.N.Y. 2021).
Obtained insurance coverage for school district clients pre-lawsuit under various historic policies which the carriers initially denied existed, in connection with various underlying actions brought against the districts under the New York Child Victim Act.
Marcus Monteiro presents CLE on Employment Law Updates and Employment Handbook, October 2021.
Marcus Monteiro, on behalf of EDNY Advisory Committee (C.I. and Brooklyn), presents on the constitutionality of eviction moratoriums along with co-panelist EDNY Chief Judge Alan Trust and Hon. William Hohauser, District Court Judge, April 2021.
Granting judgment and finding damages of $446,654.00 for two carpenters following trial in a N.Y. Lab. Law case. Martinez et al. v. Alain Artinian et al. Index No. 616161/2018 (N.Y. Supreme Ct., Nassau County 2019); post-trial hearings in favor of Plaintiffs, 616161/2018 (2020); appeal dismissed, 616161/2018 (2d Dep’t 2020).
Class certification granted under CPLR §§ 901 and 901, Marcus Monteiro as class counsel in N.Y. Lab. Law case. Ramires et al. v. AGDG Car Wash Corp. et al., Index No. 616170/2019 (N.Y. Supreme Ct., Nassau County 2020) (Sher, D.)
Marcus Monteiro elected to E.D.N.Y. Advisory Committee, 2020 term.
When representing plaintiff in wage/hour case, the best ability to have is collectability” lecture to N.C.B.A. by Marcus Monteiro.
Following 13 years of litigation, with 14 different lawsuits over five different courts, the E.D.N.Y. granted client defendant Nassau County’s motion to dismiss plaintiffs’ complaint alleging violations of, inter alia, deprivation of civil rights under 42 U.S.C. §§ 1983, 1984(3), and 1986, ADA, negligent hiring/supervision, and fraud. Pedote et al. v. County of Nassau, 16-cv-1777 (E.D.N.Y. 2020) (Kuntz, II, W.).
Conditional class certification and Marcus Monteiro as class counsel granted. Mojica v. Constantatos et al. 19-cv-00442 (E.D.N.Y. 2020) (Levy, R.).
Summary Judgment on liability granted in FLSA and N.Y. Lab. Law case. Hernandez v. Mint Garden City, 17-cv-04792 (E.D.N.Y. 2020) (Feuerstein, S.).
$750,000.00 settlement of FLSA claims on behalf of Rule 23 class. __,19-cv-__ (E.D.N.Y. 2020) (Mauskopf, R.).
$675,000.00 settlement of FLSA and N.Y. Lab. Law claims on behalf of 14 employees. __, 19-cv-__ (E.D.N.Y. 2019) (Vitaliano, E.).
$650,000.00 settlement of FLSA and N.Y. Lab. Law case on behalf of 39 employees. Ramires et al. v. Bradley, 17-cv-5728 (E.D.N.Y. 2019) (Shields, A.).
Client’s (Defendant bank) motion to dismiss plaintiff’s complaint alleging fraud, intentional and negligent misrepresentation, and breach of fiduciary duty granted. Minix v. Prudential Borrowing, LLC., et al., 603853 (N.Y. Supreme Ct., Nassau County 2019) (Brandveen, A.).
Monteiro as principal attorney representing County of Nassau and County of Nassau Department of Public Works in a wrongful termination trial before full-jury. Wagner v. County of Nassau et al., 11-cv-1613 (E.D.N.Y.) (Seybert, J.).
Motion for Summary Judgment granted on liability in N.Y. Lab. Law case. Villalta v. K&K Auto & Tire Center of RVC, Index No. 002022/2016 (N.Y. Supreme Ct., Nassau County 2019).
Motion to Amend Complaint and Add Defendants granted in FLSA case. Hernandez v. Mint Garden City, 17-cv-04792 (E.D.N.Y. 2019) (Locke, S.).
Following oral argument, Appellate Court First Department unanimously affirmed the lower court’s grant of summary judgment to client Chelsea Piers and fount entitlement to additional insured coverage. Chelsea Piers L.P., et al. v. Colony Insurance Company, et al.,Index No. 150402/2017 (1st Dep’t 2019).
Summary Judgment motion granted with the Supreme Court declaring that Chelsea Piers qualified an additional insured on its vendor/subcontractor’s primary and excess insurance policies and entitled to a defense by such carriers in the underlying action and reimbursement for past defense costs. Chelsea Piers L.P., et al. v. Colony Insurance Company, et al.,Index No. 150402/2017 (N.Y. Supreme Ct., N.Y. County, 2018).
Summary Judgment granted and declaring that Amica is not obligated to defend, indemnify, or otherwise provide liability insurance coverage to son of insured in connection with a serious physical injury. The son was found to not reside in the insured’s household at time of accident and therefore not an “insured”. Amica Mutual Ins. Co. v. Camilleri et al., Index No. 63270/2014 (N.Y. Supreme Ct., Suffolk County 2018).
Successfully persuaded AIG to withdraw its declination letter and provide coverage to its insured in connection with an underlying multimillion dollar construction defect matter.
Represented purchaser of $14.2M property involving breach of contract. ES Ventures One LLC et al. v.__, 603105/__ (N.Y. Supreme Ct., Suffolk County 2018) (Asher, W.).
Represented owner of $49.1M Montauk property in breach of contract case. Case Montauk, LLC v. Montauck Cliffs LLC et al., 615374/2018 (N.Y. Supreme Ct., Suffolk County 2018) (Hudson, J.).
Motion for Summary Judgment granted on liability in N.Y. Lab. Law case. Lemus v. Silver, Index No. 601462/2018 (Supreme Ct. Nassau County 2018).
Client’s (Defendant bank) motion to dismiss plaintiff’s complaint alleging negligence and fraud, granted. Alzhan v. JJ Bryant Realty LLC., 23567/2015E (N.Y. Supreme Ct., Bronx County 2018).
Settled N.Y. Lab. Law case during trial. Marques v. Jimrod Landscaping Inc., Index No. 614029/2017 (N.Y. Supreme Ct., Nassau County 2017).
Dismissal of Plaintiff’s Claims against client Bank in breach of contract case on jurisdictional basis. Raymond James v. Vanguard Funding, LLC,16-cv-6727 (S.D.N.Y. 2017).
Appellate Division, Second Department modifies Family Court Order following lengthy trial and remits for further determination. Oyefeso v. Sully,__ AD 3d___ (2d Dep’t March 1, 2017).
Summary Judgment granted in favor of client insurer finding that incident as not an “occurrence” per policy and client has no duty to defend or indemnity. Amica Mutual Ins. Co. v. Prunitis et al. (N.Y. Supreme Ct., N.Y. County 2017).
$150,000.00 settlement of FLSA collective case. Ochoa v. Sinan Kaptan et al.,16-cv-2296 (E.D.N.Y. 2016) (Feuerstein, S.).
Verdict after trial in favor of client body shop in breach of contract case. Bodyworks Unlimited v.____ (N.Y. Dist. Ct. Nassau County 2016).
Summary Judgment denied against client in commercial paper case involving medical practice group. ___ v. ____ (N.Y. Supreme Ct., Nassau County 2016).
Successful disposition of breach of contact case against client commercial marina for less than 5% of stated damages._____ v. _____ (N.Y. Supreme Ct., Kings County 2016).
Order to Show Cause granted, dismissing breach of contract claims against client commercial landlord. Greenberg & Merola LLP v. 137 Frost Street, LLC,Index No. 003631/2016 (N.Y. Supreme Ct., Nassau County 2016).
Successfully disputed denial of coverage for client national concrete company forcing insurer Atlantic Casualty to reverse position and provide indemnity and defense.
Favorable verdict after four day trial in commercial landlord/tenant dispute. West John Street LLC v._ , Index No. LT_2014 (N.Y. Dist. Ct. Nassau County 2015).
Favorable settlement during commercial contract trial on client-Defendant’s counter-claims while Plaintiff’s-claims were dismissed in full. H&M Bay Inc. v. New Generation Trucking Corp.,Index No. 022422/2013 (N.Y. Dist. Ct. Nassau County 2015).
Favorable settlement after opening statements in divorce trial venued in Supreme Court, Suffolk County. _ v._., Index No._ (N.Y. Supreme Ct., Suffolk County 2014).
Defendant’s verdict on all counts in criminal case after 14-day full jury trial featuring multiple expert witnesses. The People of the State of New York v. (N.Y. Dist. Ct. Nassau County 2014).
Represent US Corporation against Greek Corporation before ICC International Court of Commerce in Geneva, Switzerland in breach of international contract action. _ v._., Arb. No. _ (U.S.A. – Greece)( Int’l Comm. Arb. 2014).
Granted summary judgment and obtained corporate ownership of two multi-million dollar website/domain-names in wrongful conversion case. _. v._, Index No. _(N.Y. Supreme Ct., N.Y. County 2013).
Motion to dismiss petition seeking attachment of corporate assets pending international arbitration decision granted. _. v._, Index No. _ (N.Y. Supreme Ct., N.Y. County 2013).
Defended contractor in breach of contractor case and obtained favorable settlement after cross-examination of plaintiff witness during trial. Dave v. JMG Contractor, Inc., Index No. CV-044010 (N.Y. Dist. Ct. Nassau County 2013).
Defended client in consumer conversion case and obtained a defense verdict after trial. _v._, CV-2769 (N.Y. Dist. Ct. Nassau County 2013)
Court holds no probable cause to arrest client after eliciting favorable testimony during cross examination of arresting officers at hearing. People v. Rambo(N.Y. Dist. Ct. 2013).
Motion to dismiss granted, dismissing claims for breach of contract, fraud, quantum merit and others based upon business dispute between corporate entities venued in Federal Court, San Jose, California. _ v._, CV13- _ (N.D. Cal., San Jose 2013).
Defended and ultimately successfully settled 1.5M of claims against client for nominal value of $1,000, included release for clients of all claims. American Express Travel Related Services Company, Inc. v._,Index No.:_(Supreme Ct. N.Y. County 2013).
First Department grants appeal, reversing the lower Court’s decision and dismisses the contractual cause of action against corporate client. _v. _., _A.D.3d _, _ N.Y.S.2d_ (1st Dep’t 2012).
Successfully defended construction company defendant against alleged construction defect claims. Stuart Fishkin and Donna Fiskin v. Mario Vaglica et al., Index No: 014840/05 (Supreme Court Nassau County 2012).
Prosecuted personal injury claims against JC Penney Corp. venued in Federal Court, Eastern District, New York and obtained favorable settlement. Miller v. J.C. Penney Corp. Inc. and Sephora USA Inc., CV12-02401 (E.D.N.Y. 2012).
Represented core members of Keller Williams in stock-sale/buy-out agreement for real estate agency business.
Appellate Division, First Department grants appeal and dismisses the original cause of action against corporate client, reversing the lower Court’s decision. Thompson v. Imperial Capital LLC, et al._ N.Y.S. 2d _ (1st Dep’t 2012).
Granted summary judgment, dismissing Utica Mutual Insurance Co.’s claims against corporate client in coverage action. Utica Mutual Ins Co. v. JMG Contractor, Inc., et al., Index No. 18798/2010 (N.Y. Dist. Ct. Nassau County 2011).
Negotiated settlement involving $650,000 of claims for breach of a buy-out contract of key shareholder and former president of an international company. _v._, 11CIV_ (S.D.N.Y. 2011).
Successful intervention and stay of sale of 6 million dollar real estate holding.
Defense of corporate client in Southern District, NY, in corporate diversity breach of contract action alleging $500,000 in disputed payments.
Defense of client in Supreme Court, New York County against allegations of 1.3 million dollar breach of contract action.
Represented corporation in transaction with national retailer for distribution of new global telecommunications services and products.
Successfully obtain disputed trademarks for corporate client.
Represented corporate seller of Class A voting shares in private placement offering.
Represent corporation for sale of convertible debt to equity placement offerings with institutional investment house.
After six-day hearing in Supreme Court, Suffolk County, convinced court that presumptive maintenance amount was unjust and had client payments reduced by 90%. Blanthorn v. Blanthorn, Index No. 00336/2011 (N.Y. Sup. Ct. Suffolk County, Oct. 17, 2011).
Obtained successful settlement for corporate defendant, a gas station tenant, in a commercial lease dispute with over $1,000,000 in potential liability.
Represented the buyer of stock in closely held construction/restoration New York corporation.
Represented the buyer in complex leveraged stock purchase transaction. The deal required the satisfaction and cancellation of existing stock pledges, along with concomitant bank note obligations.
Represented corporate tenant in commercial lease transaction with $2,500,000 in rental obligations.
Michael Fishman’s seminal insurance coverage summary judgment decision recently affirmed by Second Department. Hargob Realty Assoc., Inc. v. Fireman’s Fund Ins. Co., 73 A.D.3d 856, 901 N.Y.S.2d 657 (2d Dep’t 2010).
Contested declination of coverage from national insurance carrier. Convinced insurance company to reverse position and provide coverage to client, highlighting applicable policy provision and recent case-law.
Defended commercial business owner in real estate action alleging hundreds of thousands of dollars in damages. After four years of litigation, obtained successful dismissal of suit without any client contribution. See Ito v. Onsite Marketing, Inc. et al., Index No. 23648/06 (NY Sup. Ct. Suffolk County, April 2010).
Verdict following trial of Landlord Tenant case venued in New York City. See 19 West 8th Realty v. Pucciriello, Index No. 075264/08 (N.Y. Civ. Ct., New York County 2008).
Michael Fishman convinces New York County Supreme Court to dismiss multiple contempt motions associated with $4M post judgment discovery proceedings. See Thompson v. Cooper, Index No. 118235/02 (Supreme Ct. New York County 2010).
Defended corporate owner of large New York City apartment building in breach of warranty of habitability action. Received a Defendant verdict after trial, dismissing the plaintiff’s claims and granting Defendant’s counter-claims. See Blumenthal v. 221 East 21st Street, LLC,Index No. NCS 00441/09 (N.Y. Dist. Ct. Nassau County 2010).
Defended Real Estate Corporation with nationwide property holdings in multi-million dollar lawsuit seeing to, inter alia, invalidate property transfer.
Counsel to multiple domestic corporations in Reg. S foreign offerings seeking investment capital.
Represented national corporation in endorsement contracts featuring New York Giants wide receiver Steve Smith and New York Jets safety Kerry Rhodes.
Defended international telecommunications corporation based in New York City against 4.1 million dollar lawsuit.
Represented defendant corporate tenant in a commercial landlord/tenant holdover proceeding in New York City. Successfully had the petition dismissed with no contribution from corporate client or personal guarantor principals, avoiding over $120,000 in potential liability.
Represented a major toy manufacture in a multi-million dollar litigation involving alleged trademark infringement, copyright infringement and other intellectual property disputes over new technology incorporated into the products.
Granted summary judgment in favor of insurer client finding that the policyholder failed to timely notify the insurer of the incident regarding tenants lead paint related injury. State Farm Fire and Casualty Company v. Jonathan Guaman, an infant under the age of seven (7) years, by his mother and natural guardian, Norma Guaman and Norma Guaman individually, Index No. 8605/06 (Supreme Ct., Queens County 2009)
Granted pre-answer motion to dismiss plaintiff’s alleged tort claims and bad-faith claims. In so ruling, the court agreed with counsel and entered a finding that no independent tort existed for insurer’s denial of coverage. See William Soel, Antoinette Soehl and Deborah Soehl-Gutierrez v. State Farm Fire and Casualty Co., Index No. 08656/05 (N.Y. Sup. Ct., Suffolk County).
Represented a pension fund in a shareholder derivative action against the Board of Directors of FedEx Corp alleging breaches of fiduciary duties. In re Fedex Corp. Shareholder Derivative Litigation, Master Civ. No.2:08-cv-02284 (W.D. Tenn.).
Represented residential and commercial real estate purchasers who were allegedly charged and paid mark-ups by Countrywide Financial Corporation and Countrywide Home Loans, Inc. for real estate settlement services in violation of the Real Estate Settlement Procedures Act and the New Jersey consumer protection statute. Marple v. Countrywide Financial Corporation and Countrywide Home Loans, Inc., Civ. No.07-cv-4402 (D. N.J.).
Represented the seller of the “Queens Portfolio.” The portfolio consisted of seven pre-war elevator buildings containing 454 apartments in an all cash transaction valued at $57,000,000. The elevatored buildings were located in the Elmhurst and Sunnyside sections of Queens, New York. The transaction occurred at a capitalization rate of 6.28% and a gross rent multiple of 10.16.
Represented a business owner in a multi-defendant federal trial against an injured worker alleging products defect liability. The claims against the defendant business owner were dismissed in full prior to verdict with no contribution. Spencer v. Delta Machinery et al., Civ. No.03-cv-4698 (E.D.N.Y. 2005).
Represented purchasers of certain vehicles manufactured by American Honda Motor Co. in a class action alleging breach of warranty. In re American Honda Motor Co. Oil Filter Products Liability Litigation, No. 2:06-ml-01737 (C.D. Cal.).
Represented purchasers of certain vehicles manufactured by Saturn in a class action alleging breach of warranty.In Re Saturn L-Series Timing Chain Products Liability Litigation, Civ. No. 8:07-cv-298 (D. Neb.)
Obtained Order from Kings County Supreme Court granting summary judgment in a declaratory judgment action directing a defendant insurance company to reimburse $175,000 to client insurance company as the settlement amount in an underlying action. Guide One Mutual Insurance Company v. CNA Insurance Company, Index No. 12788/07 (N.Y. Sup. Ct., Kings County 2008).
Represented the seller of a multi-tenanted building located in New York City. When the buyer backed out of the deal before closing, the buyer sued the seller to have its $485,000 deposit returned. Mr. Monteiro counter-claimed and obtained a $485,000 judgment against the buyer while having the complaint dismissed. See E. Street Nominee Corp. v. Night Owls LLC, Index No. 113073/2003 (N.Y. Sup. Ct., N.Y. County 2003).
Represented purchasers of certain vehicles manufactured by General Motors in a class action alleging breach of warranty. Muehlbauer v. General Motors Corp., Civ. No. 05-cv-02676 (N.D. Ill.).
