Prats v. Port Authority of N.Y. & N.J., 350 F.3d 58 and 100 N.Y.2d 878     In this Labor Law case, a federal district court dismissed the plaintiff’s claim on the grounds that the work being done at the time was merely routine maintenance and, thus, not covered by the absolute liability provisions of the New York State Labor Law. On appeal to the U.S. Court of Appeals for the Second Circuit, Mr. DiJoseph argued that the work plaintiff was doing would not be considered routine maintenance by a New York State court. The Second Circuit certified the case for review by the New York State Court of Appeals, which agreed with Mr. DiJoseph’s position. Upon further review by the Second Circuit, plaintiff’s position was upheld, the district court’s dismissal was reversed.

Brown v. City of New York,95 N.Y.2d 389     Although a jury found in favor of plaintiff, the trial court set aside the verdict and dismissed plaintiff’s case on the grounds that plaintiff’s Notice of Claim was not specific enough to give the City proper notice of the claim. The Appellate Division affirmed the dismissal. On appeal to the New York Court of Appeals, Mr. DiJoseph was able to obtain a reversal of the Appellate Division’s order. Plaintiff eventually received over $600,000.

Chattergoon v. New York City Housing Authority, 161 A.D.2d 141:     Defendant was successful in having the trial court dismiss the action by the estate of a woman murdered in her apartment in a building owned by the defendant on the grounds that the Notice of Claim had been filed late in the wrongful death claim. Mr. DiJoseph represented the estate and convinced the Appellate Division that the extensive police investigation of the homicide and the availability of those records was sufficient notice to the claim was reinstated.

Godoy v. Baisley Lumber Corp.,40 A.D.3d 920:     In this Labor Law case wherein plaintiff fell through an unlatched door on the second floor of a building under renovation to the street level below, plaintiff’s case was dismissed by the trial court on the grounds that it did not come within the protection of the absolute liability provisions of the New York Labor Law. Mr. DiJoseph represented the plaintiff on appeal and was successful in obtaining a reversal of the order dismissing the case. After the complaint was reinstated and the case proceeded, plaintiff settled his claim for $440,000.

Forslund v. Nunez, 250 A.D.2d 645     In this medical malpractice case, defendant appealed from a jury verdict in favor of plaintiff and sought to have that verdict set aside. Mr. DiJoseph represented the plaintiff at both the trial and on appeal, and was successful in having the verdict on liability affirmed. Plaintiff received $450,000.

Amonbea v. Perry Beverage Distributors, Inc., 294 A.D.2d 285:     In this automobile accident case, plaintiff prevailed at trial but the court decreased the amount of damages awarded by the jury. On appeal, Mr. Dijoseph was successful in having that order modified so as to reinstate $350,000 of the damages that were set aside by the trial court. This brought plaintiff’s total award to $1,627,000.

MacNair v. Salamon, 199 A.D.2d 170:      In this Labor Law case involving a fall from ladder, defendant obtained a verdict in its favor from the jury. Mr. DiJoseph, who was retained to represent the plaintiff on appeal, not only convinced the Appellate Division that the verdict should be set aside but, also, that plaintiff was actually entitled to a directed verdict in his favor under the absolute liability provisions of the New York Labor Law.