 |
DISCLAIMER:
This website, including information herein stated is exclusively for
informational purposes only. It was not and is not intended to nor does it
create any privileges and/or rights. It is not a solicitation and/or offer. It
does not create any attorney-client relationship, nor does it create any other
relationship.
|
|
|
|
 Our Attorneys
Michael J. Devereaux, Esq.
Michael J. Devereaux is a partner of the firm. Mr. Devereaux is one of the
Preeminent Attorneys in America. He has been a Preeminent Attorney in America
since 1998 and continues to be so recognized. Mr. Devereaux is also recognized
by the number one attorney rating service in the world as having the very
highest skill and ethical rating awarded to attorneys. Mr. Devereaux litigated
and tried complex, national, multi-district litigation involving corporations,
securities law and professionals, including lawyers, accountants, physicians,
directors and officers, psychiatrists and others. Mr. Devereaux represented and
continues to represent Fortune 500 companies.
Mr. Devereaux received his Bachelor of Arts degree from Hofstra University and
his Juris Doctorate from St. John's University School of Law where he was
a Finalist in the prestigious Rev. Tinnelly Best Oralist Moot Court Competition.
He was a finalist or semi-finalist in all the competitions that he entered. He
argued before the late Jerome Prince. He won the honor of representing St.
John's University School of Law in the prestigious National Moot Court Law
Competition. He was an Associate Justice of Moot Court, Vice-Chair of the Client
Counseling Board, and received a Certificate of Appreciation from the Lawyer's
Fund for Client Protection.
Mr. Devereaux is a member of the American Bar Association; New York State Bar
Association, (Member, Commercial and Federal Litigation Section Committee on
Professional Liability, The Association of the Bar of the City of New York; New
York County Lawyer's Association, (member, Environmental Law Committee, 1989);
The Association of Trial Lawyers of America; New York State Trial Lawyers
Association; Professional Liability Underwriting Society; and The Defense
Research Institute.
Sampling of Mr. Devereaux's cases:
1/90 The Vermeer Owners, Inc. v. Gerald Guterman, et al.,
Supreme Court, New York County Index No.: 16876/83
(Martin Evans, J.) (trial) (case of first impression holding that no private
right of action existed under Martin Act)
3/91 Philip Geraci v. Bauman, Greene & Kunkis, P.C.,
171 AD2d 454, 567 NYS2d 36 [1st Dept 1991] (collateral estoppel applied in legal
malpractice action, resulting in dismissal)
6/91 Ramos v. Patrician Equities Corp.,
765 FSupp 1196 [SDNY 1991] (RICO and securities fraud action dismissed)
2/92 Herbert Blum, et al. v. William H. Warden, Sr., et al.,
Supreme Court, New York County Index No.: 6382/86
(Leland DeGrasse, J.) (jury trial) (defense verdict in accountants malpractice
action)
7/92 Schwartz v. Michaels, Not Reported on F. Supp, ,
1992 WL 184527 [SDNY July 23, 1992]
(professional malpractice against attorneys: obtained dismissal of fraud causes
of action)
12/92 Schwartz v. Michaels, Not Reported in F. Supp, ,
1992 WL 382394 [SDNY December 3, 1992]
(professional malpractice against attorneys including real estate securities
action)
7/93 Fly Shuebruk Gaguine Boros and Braun v. Lynn L. Landy, et al.,
Supreme Court, New York County Index No.: 24153/85
(Angela Mazzarelli, J.) (jury trial) (favorable defense settlement during trial
of attorney malpractice action)
9/94 Benjamin Schwartzberg v. Alen R. Beerman, et al.,
Supreme Court, Kings County Index Nos.: 33408/90, 28533/90
(Gerald S. Held, J.) (jury trial) (favorable settlement during trial of attorney
malpractice action)
9/95 Ackerman et al. v. Price Waterhouse, et al.,
156 Misc 2d 865, 591 NYS2d 936 [Supreme Court, New York County, 1992], aff'd,
198 AD2d 1, 604 NYS2d 721 [1st Dept 1993], leave to appeal granted by, 200 AD2d
951, 608 NYS2d 318 [1994], motion to amend denied by, 85 NY2d 836, 624 NYS2d 364
[N.Y. 1995]; also see, 216 AD2d 123, 629 NYS2d 5 [1st Dept 1995]; and 252 AD2d
179, 683 NYS2d 179 [1st Dept 1998] (accountant malpractice action resulting in
successful discontinuance of claims against third-party accountant)
9/95 Stark v. Greenberg, Dauber & Epstein, et al.,
219 AD2d 571, 631 NYS2d 349 [1st Dept 1995] (denial of severance of third-party
action; favorable settlement in attorney malpractice action)
2/96 Herbert Post v. Sidney Bitterman, Inc.,
219 AD2d 214, 639 NYS3d 329 [1st Dept 1996] (assisted with respect to appeal
leading to reversal of $15,000,000 judgment against accountant firm and remand)
5/96 Stettner v. Bendet,
227 AD2d 202, 642 NYS2d 253 [1st Dept 1996] (legal malpractice action stayed
pending underlying medical malpractice action against former plastic surgeon
Mark Dombroff)
10/96 Costa v. David Frankel Realty Inc.,
N.Y.L.J., Oct. 23, 1996 at 33, col. 6 (Supreme Court, New York County) (Sherry
Klein-Heitler, J.) (case of first impression holding roommate law provided cause
of action)
2/97 Chalom v. Liparelli,
236 AD2d 354, 653 NYS2d 641 and 236 AD2d 354, 653 NYS2d 331 (affirming partial
summary judgment on accountant malpractice liability and summary judgment
dismissing action on damages [Robert Roberto, J. June 28, 1994]).
3/97 O'Hara v. Bayliner,
89 N.Y.2d 636, 679 N.E.2d 1049, 657 NYS2d 596 [1997], cert. den., 522 U.S. 822,
118 S.Ct. 78, 139 L.Ed 2d 37 [1997], reversing, 224 AD2d 353, 638 NYS2d 311 [1st
Dept 1996] (federal maritime law applied)
11/97 Estate of Anthony J. Castanza,
Surrogate's Court Richmond County No.: P-379/94 (Charles J. D'Arrigo, J.)
(prosecuted petition and obtained multimillion dollar settlement for widow)
12/97 Nardone v. Flanagan, Hall, et al.,
245 AD2d 554, 666 NYS2d 735 [2d Dept 1997] (summary judgment dismissing action
granted in attorney malpractice action; reversed on appeal; motion to dismiss
amended complaint granted)
4/98 Double Rink v. Nationwide,
Supreme Suffolk Index No.: 27200/97 (Melvyn Tanenbaum, J.) (dismissal of
declaratory judgment action seeking insurance coverage)
4/98 Keating v. Graubard Mollen, et al.,
Supreme New York Index No.: 11220/95 (Lorraine Miller, J.) (summary judgment
dismissing all but one cause of action in attorney malpractice action; remanded
to civil court; favorable settlement)
6/98 Harmonic Textiles Co., Inc. v. Stephen I. Soble & Co.,
Supreme New York Index No.: 600513/95 (Paula Omansky, J.)(aggressive defense led
to successful resolution within policy limits of accountant defalcation
malpractice action where provable damages were at least twice in excess of
policy limits)
10/99 Zirkind v. Zirkind,
199 F.3d 1999 [2d Cir. 1999] (affirmed order dismissing plaintiff's complaint
against psychologist and denying motions for orders adjudging defendants in
contempt)
11/99 Sean Michael Edward Design, Inc. v. Pyramid Designs,
SDNY No. 98 Civ. 3700 [Nov., 9 1999] 1999 WL 1018072
N.Y.L.J., Nov. 29, 1999 at 6, col. 1 and at 31, col. 5 [SDNY] (Barbara S. Jones,
J.) (non-party attorney lacks standing to bring Rule 11)
12/99 Rinaolo v. Werbel McMillin & Carnelutti,
Supreme Court, New York County Index No.: 128869/93 (Sheila Adbus-Salaam, J.)
(order to show cause to strike legal malpractice complaint resulting in
favorable defendants' settlement)
12/99 Hutt v. Kanterman, Taub & Breitner,
Supreme Court, New York County Index No.: 600829/98 (Sheila Abdus-Salaam, J.)
(successfully defended wrongful termination/discrimination employment law case)
12/99 Dunn v. Woodstock Owners Corp.,
Supreme Court, New York County Index No.: 100280/95 (Jane Solomon, J.) (civil
rights discrimination and other claims against co-op board and managing agents
successfully defended and subject to summary judgment dismissal)
3/00 Brooks v. Highbridge Community Life Center, Inc., et. al.,
Supreme Court, Bronx County Index No.: 26624/99 (successful defense resolution
based on impending pre-answer CPLR 3211(a) motion to dismiss security premises
case)
5/00 Rodriquez v. Community Resource Center, et al.,
Supreme Court, Bronx County Index No.: 27236/99 (Anne E. Targum, J.) (pre-answer
CPLR 3211 (a) motion to dismiss negligent hiring/employment law case)
10/00 Liriano v. Scorcia & Diana Associates, Inc., et al.
Supreme Court, Bronx County Index No.: 18438/99 (Anne E. Targum, J.)
(successfully defended and tendered defense and indemnity in construction
liability case)
12/00 Kwang v. Hunts Point Terminal Produce Coop Associates, et al,
Supreme Court, Queens County Index No.: 12387/00 (successful pre-answer tender
of insured's slip and fall defense and indemnification)
12/00 Corrigan v. MEB Electric,
Supreme Court, New York County Index No.: 121759/93 (Emily Goodman, J.) (Labor
Law § 240(1), successful trial on damages)
1/01 Hosey v. Scorcia & Diana Associates, Inc., et al.,
Supreme Court, New York County Index No.: 127273/99 (Robert Lippman,
J.)(successful pre-answer CPLR 3211(a) motion dismissing all Labor Law causes of
action)
3/01 Ben-Dak v. Sazer,
Supreme Court, New York County Index No.: 605751/99 (Marilyn Shafer, J.)
(obtained stay of legal malpractice action by CPLR 2201 and 3103 motion pending
resolution of U.S. Attorney's Grand Jury subpoenaed investigation)
4/01 Veras v. Hunts Point Terminal Produce, et al.,
Supreme Court, Bronx County Index No.: 20796/00 (pro-active negotiations with
plaintiff's attorney led to amended complaint naming Hunts Point's tenants
setting-up opportunity for pre-discovery tender of insured's slip and fall
defense and indemnification)
5/01 Mosley v. Scorcia & Diana Associates, P.C., et al.,
Supreme Court, New York County Index No.: 105149/00 (Lorraine Miller, J.)
(introduced negligent design theory making parties other than insured the
target; motion to strike pleadings pending due to aggressively defending case
over a few months period wherein third-party impleader action against five other
entities had been successfully commenced before PC Order entered-into)
9/01 Ben-Dak v. Sazer,
286 AD2d 615, 730 NYS2d 224 (1st Dept 2001) (affirmance of Supreme Court's
denial of plaintiff's motion for summary judgment against attorney)
10/01 Vann v. Marion Scott Realty, et al.,
Supreme Court, New York County Index No.: 103726/01 (successful tender of
insured's elevator accident defense and indemnity to subcontractor elevator
company and its insurer)
11/01 People v. Latanya Carreras,
Criminal Court, Bronx County Dkt No.: 99X043042 (successful trial resulting in
acquittal on all charges, including assault, battery, harassment, etc. [first
criminal trial])
1/02 Estevez v. Reckson Operating Parnership,
Supreme Court, Queens County Index No.: 18096/01 (obtained pre-answer
stipulation of discontinuance of wrongful termination/security premises case
based on extensive discussions of the merits)
7/02 Arnold v. Siegel, 296 AD2d 363, 745 NYS2d 431 [2d Dept 2002]
(excellent result in podiatric malpractice case)
1/03 Grogan v. Lexington Avenue, et al.,
Supreme Court, Kings County Index No.: 32103/01 (successfully defended and
compelled tender acceptance by subcontractor to defend/indemnify without
reservation of rights and obtained recoupment)
7/03 Becovic v. Scorcia & Diana, et al.,
Supreme Court, Kings County Index No. 31234/01 (successfully opposed plaintiff's
motion for summary judgment on Labor Law § 240(1) cause of action and
obtained declaratory judgment requiring subcontractor's insurer to defend
general contractor)
2/04 Holley v. Sweet Construction,
Supreme Court, New York County Index No. 120559/03 (labor
law action successfully tendered defense and indemnity to subcontractor primary
CGL insurer, obtained recoupment)
4/04 Precise Court Reporting, Inc. v. Karten.,
6 AD3d 412, 775 NYS2d 339 [2d Dept 2004] (preclusion order in
defamation action affirmed on appeal to extent particulars not supplied by
discovery)
9/04 Fuller-Mosley v. Union Theological Seminary, 10 AD3d 529, 782 NYS2d
16 [1st Dept 2004] (successfully obtained reversal of
summary judgment granted to co-defendants and third-party
defendants, chandelier architect, owner, designer, manufacturer for contribution
and indemnity)
9/04 Doris v. Brinker Restaurant Corp.,
Supreme Court Suffolk County Index No. 14855/03 (fourth-party
declaratory judgment impleader results in successful tender of defense/indemnity
with recoupment)
10/04 Premier Lincoln - Mercury, Inc.,v. Alsol Enterprises, Ltd.,
11 AD3d 523, 783 NYS2d 614 [2d Dept 2004]
( dismissal of plaintiffs' summary judgment affirmed on appeal)
11/04 Becovic v. Scorcia & Diana Associates, Inc.,
12 AD3d 388, 783 NYS2d 831 [2d Dept 2004] (denial of plaintiff's Labor Law
§240, 241(b) and 200 summary judgment motion affirmed on appeal; dismissal
of appeal by subcontractor's primary CGL insurer from decision ordering them to
step-in to defend and indemnify GC and pay defense costs)
1/05 Nova v. Jerome Cluster 3, LLC,
Supreme Court, New York County Index No.: 18178/03 (motion for summary judgment
for defense and indemnity granted, stipulation for reimbursement defense fees
and costs)
5/05 Greer v. Mockingbird Station Station Partners
Greer v. Simpson Texas Finacing LLP,
United States District Court for the Northern District of Texas,
Dallas Div., No. Civ. A. 302CV234K (Kinkeade, J)(2004)(negotiated resolution of
class action alleging civil rights ADA violations resulting in de minimis
contribution)
5/06 Davis v. Lucas Motion Sports,
Supreme Court, Nassau County Index No. 16539/03 (Roy S. Mahon, J.S.C)(product
liability personal injury action settled after juicy selection)
6/07 Con Edison v. York Hunter Construction, LLC,
Supreme Court, New York County Index No., 400019/07
(summary judgment granting defense fees and costs from subcontractors' primary
CGL insurer, including choice-of-counsel under the “Goldfarb rule”)
2/08 McLean v. NSP Enterprises, Inc.,
Supreme Court, Richmond County Index No.: 11891/04 (Labor Law §§240,
241 (6), 200: cross-motion for CPLR 3212 summary judgment granted dismissing
complaint and all crossclaims against subcontractor)
5/08 Reid v. Marco Martelli Associates,
Supreme Court, Kings County Index No.: 38951/04 (Labor Law §240 personal
injury lawsuit and successfully tendered defense and indemnity to subcontractor
or subcontractor's primary CGL insurer, including recoupment of legal fees and
costs)
5/08 McLean v. NSP Enterprises, Inc.,
Supreme Court, Richmond County Index No.: 11891/04
(subcontractor's cross-motion granted for defense and indemnity, including
recoupment of attorneys' fees and costs)
5/08 Huaraya v. Lettire Construction Corp.,
Supreme Court Kings County Index No. 45586/07 (Labor Law §§240, 241
(6), and 200 personal injury action successfully tendered after third-party
declaratory judgment impleader action)
6/08 Antzoulis v. 40 East 14 Realty, et al,
Supreme Court, New York County Index No. 110711/04 (motion for summary judgment
granted compelling subcontractor to defend and indemnify, applying the Court of
Appeals' Flores v. Lamer East Side decision, 4 NY3d 363 [2005])
7/08 Arrisicato v. Sweet Construction, et al,
Supreme Court, New York County Index No. 115255/04 (impleading of contractor
involved in accident to GC's employee led to successful resolution of claims
against GC by owner and owner's agents for defense and indemnity and successful
no-pay resolution of plaintiff's lawsuit against GC)
8/08 Maher v. Roosevelt Island Operating Corp.,
Supreme Court, New York County Index No. 104463/07 (motion to dismiss granted to
strike late notice of claim and denying cross-motion for leave to file it nunc
pro tunc and dismissal based on time bar of the applicable statute of
limitations)
9/08 Slavit v. Sweet Construction, et al,
Supreme Court, New York County Index No. 107831/05 (motion granted against
subcontractor requiring subcontractor to defend and indemnify general contractor
pursuant to contractual hold-harmless)
9/08 Darius Kociecki v. EOP-Midtown, et al
Supreme Court, Kings County Index No. 30296/05 (motion for summary judgment
granted dismissing slip and fall case as against client but denied against other
defendants)
11/08 Sinkhaus v. York Hunter, et al
Supreme Court, Kings County Index No. 112064/04 (motion for summary granted
dismissing plaintiff's slip and fall on a ramp, alleging Labor Law liability)
MICHAEL J. DEVEREAUX AND ASSOCIATES, PC
d/b/a DEVEREAUX AND ASSOCIATES
39 Broadway, Suite 910,
New York, NY 10006
Tel: 212.785.5959,
Fax: 212.785.4487,
info@devlegal.com
Website designed by
15 minutes media
|
|
