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Banca Di Roma v. Mutual of America Life Insurance Company, Inc.,17 A.D.3d 119:     In this serious property damage case, the jury returned a verdict in favor of the defendant. On appeal, Mr. DiJoseph represented the plaintiff and was able to obtain a new trial based on errors committed by the trial court in its instructions to the jury.

Daitch v. Naman, 25 A.D.3d 458:     This case involving injuries allegedly caused by toxic mold was appealed by the defendant after the trial court denied a motion for summary judgment. On appeal, Mr. DiJoseph was able to convince the Appellate Division to affirm that decision. This was the first time in New York that a toxic mold case was not dismissed. Recently, in a high-profile toxic mold case that has reached the New York Court of Appeals, Mr. DiJoseph was asked to file an amicus curiae brief on.

Farmer v. Nostrand Avenue Meat and Poultry, 37 A.D.3d 653:      Plaintiff in this Labor Law case died before his deposition could be completed and signed. Defendant moved or summary judgment and the trial court dismissed the action on the grounds that the deceased’s deposition could not be used in evidence and, as a result, plaintiff (decedent’s estate) could no longer prove its case. After two appeals, wherein Mr. DiJoseph represented the estate, the Appellate Division reversed the trial court and agreed that the portion of the unsigned deposition that had been completed should not have been disregarded by the trial court and that it should have been considered on the motion for summary judgment.


Vertsberger v. City of New York,34 A.D.3d 453:      In this serious personal injury case, Mr. DiJoseph represented the plaintiff and was successful in having the verdict on liability against the City of New York affirmed. The City had been held responsible for the plaintiff’s trip and fall over an electrical conduit left protruding from the sidewalk when a streetlight was moved to another site three feet away. After appeal, plaintiff received $2,015,708.

In re Wingate, Russotti & Shapiro, LLP v. Friedman, Khafif & Associates,41 A.D.3d 367:     After losing a fierce battle for any portion of a legal fee, defendant law firm retained Mr. DiJoseph to represent it on appeal. Mr. DiJoseph was successful in obtaining a reversal of the trial court’s decision by convincing the Appellate Division that the Friedman firm was not discharged "for cause. " As a result, the Friedman firm was awarded a legal fee of $195,000. Following the victory in this case, Mr. DiJoseph represented the plaintiff law firm in Matter of Callan & Byrnes, LLP v Ruth E. Bernstein Law Firm, 48 A.D.3d 459, and obtained 40% of the legal fee in the underlying case, after the trial court had denied Callen & Byrnes any portion of the fee.

Sozzi v. Gramercy Realty Co. No. 2, L.P., 304 A.D.2d 555:      In this Labor Law case involving the collapse of a ladder, Mr. DiJoseph represented the plaintiff on an appeal by the defendant from a verdict in favor of the plaintiff. The defendant sought to have the verdict set aside and a new trial ordered. The Appellate Division affirmed the liability verdict in favor of plaintiff as well as $1,757,351 in damages.



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