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Overview

Michael V. DeSantis has more than 23 years of experience in general liability, professional liability, legal malpractice, errors and omissions liability in general, maritime litigation, labor law, products liability, commercial litigation, directors and officers liability. He is experienced in defending a wide range of clients from corporations to individuals in various practice areas including accountants, architects, attorneys, banks, engineers, insurance brokers, title companies, home appraisals, real estate brokers, doctors and other medical professionals sued in malpractice actions, as well as maritime and general liability.

Admissions

  • New York
  • United States District Court
    • Eastern District of New York
    • Southern District of New York
  • Pro Hac Vice
    • United States District Courts of New Jersey
    • United States District Courts of California
    • United States District Courts of Pennsylvania
  • Commissions
    • Iowa
    • Alabama
    • Florida

Education

  • Touro College, Jacob D. Fuchsberg Law Center – J.D.
  • Binghamton University, State University of New York – B.S.
    • cum laude
    • Touro Law Review
    • Journal of Transaction Law

Professional Memberships

  • American Bar Association, Trial Tort and Insurance Section, Lawyers’ Professional Liability Consortium
  • New York State Bar Association
  • Nassau County Bar Association

Representative Litigation 

  • Sunray Solar v. Lamb, et al., United States District Court, Eastern District of New York – Represented an attorney in a legal malpractice / tortious interference case. The plaintiff claimed that his former partner in a solar business venture, with assistance from his attorney, engaged in wrongful actions giving rise to claims of breach of contract, tortious interference with contractual relations, business relations and prospective economic advantage. The case was tried to a jury over the course of several weeks and included business valuation experts. Ultimately, we obtained a confidential settlement on behalf of client after charge conference and case went to jury verdict of $1 million against former partner.
  • Pharsi v. Hecht, Civil Court, Queens County – Represented an attorney in a legal malpractice case arising out of underlying contentious constructive trust action. In the underlying action, a default judgment was entered against the plaintiff and as a consequence, she was divested for her 50 percent interest in her marital domicile. The plaintiff alleged that she retained the defendant to file a motion to vacate the default (which was denied) and appealed denial of the vacation application. At trial, we defended on the lack of evidence of a departure from generally accepted standards and the absence of “but/for” causation. Obtained defense verdict.
  • Ballard v. Englewood Contracting, et al.,Supreme Court, Orange County Represented a real estate broker in a professional liability and breach of contract case arising out of a real estate transaction in which the plaintiff claimed that his attorney, title company and real estate broker conspired to defraud him in connection with the transaction by not disclosing liens on the property. Obtained dismissal of the complaint and cross-claims based on absence of duty.
  • Ali v. Chakrabarti, et al.,Supreme Court, Queens County – Represented an insurance broker in a failure to procure case in which the plaintiff claimed that the broker failed to procure insurance covering his loss. Obtained summary judgment based on an absence of duty.
  • Prakope v. Gateway Marina., Supreme Court, Kings County (General Liability) Represented marina in general liability case arising out of a golf cart accident on the docks. The plaintiff claimed the defendant backed a golf cart into him on the docks, thereby knocking him down. As a result, the plaintiff sustained multiple disc injuries, which required multiple surgical procedures, including fusions. The plaintiff demanded $400,000 and asked the jury for $750,000. Ultimately, the plaintiff obtained a jury verdict of $132,000.
  • Kennedy v. Cross Sound Ferry Service, Inc., Supreme Court, Suffolk County – Represented one of the largest privately-owned ferry companies in the United States. The plaintiff claimed that she slipped and fell on a ferry boat owned and operated by Cross Sound Ferry. The plaintiff claimed that the insured was negligent in ownership and operation of the ferry boat. The case settled for defense costs after jury selection.
  • Marsh USA v. Krauter & Co., et al.,Supreme Court, Commercial Division, New York County – Represented an insurance broker in this commercial matter in which the plaintiff claimed that our client tortiously interfered with its contractual and business relations by pirating key employees (in violation of the employees’ employment agreements, non-solicitation clauses, noncompete clauses) and misappropriated trade secrets. The case settled for defense costs during a hearing on the plaintiff’s application for a Preliminary Injunction/Temporary Restraining Order.
  • Keizman v. Hershko, et al..,Supreme Court, Nassau County – Represented attorneys in a legal malpractice/aider and better case in which the plaintiff claimed that attorneys conspired with their fraudster clients. Obtained pre-answer dismissal of complaint.
  • Stewart v. Kershko,Supreme Court, Kings County – Represented an union-appointed lawyer in a legal malpractice case. Obtained Stipulation of Discontinuance after filing motion to dismiss based on application of Duty of Fair Representation standard.
  • Gould v. City of New York, et al., Supreme Court, Kings County – Represented the City of New York and Brooklyn Navy Yard in a wrongful death case in which the plaintiff’s decedent was killed while repairing a vessel dry-docked at Navy Yard. The plaintiff asserted Labor Law 200, 240 and 241 claims. Case settled after mediation.
  • Walker v. Con Edison, et al., Supreme Court, Kings County – Represented a bank in a slip/fall case in which the plaintiff slipped and fell on sidewalk. The plaintiff sued the building owner (landlord), bank (lessee) and Con Ed. Case involved both general negligence (slip/fall) issues and commercial (lease interpretation) issues as between defendants. The case settled after jury selection for a significant amount in total, but only a nuisance value contribution from bank.
  • Campbell v. Block Island Ferry Services, Inc., United Stated District Court, Eastern District of New York Represented a ferry company in a general maritime case. The ferry company operated a ferry service between Block Island and New London, Ct. via the vessel Jessica W., a 160′ wave-piercing catamaran equipped with ride-control systems. The plaintiff, and her maritime expert, claimed that the ferry company was negligent in its operation of the Jessica W. as she rounded the 1BI buoy (NE end of Block Island) where notoriously dangerous waters exist. As a consequence, the plaintiff was thrown inside the passenger compartment and sustained a fractured shoulder, which required open reduction and internal fixation surgery. The jury deliberated over two days and returned a defense verdict on liability.
  • Vitiello v. Surfside Village Condominium, et al.,Supreme Court, Richmond County – Represented a Board of Managers in a dispute between a condo and an individual unit owner in which the plaintiff, resident/owner of the condominium unit alleged that an adjoining (but independent) condominium was encroaching on her parking space, which was an exclusive, restricted use common element pursuant to the condo Offering Plan and By-Laws. The plaintiff claimed that the Board of Managers breached its fiduciary duties in not protecting the common elements. The case tried and resulted in a defense verdict.
  • Belvery v. Surfside Village Condominium, et al., Supreme Court, Richmond County – Involved same issues as Vitiello, was consolidated for trial and same result obtained.
  • Pilch v. Astoria Federal Savings & Loan, Supreme Court, Kings County – Represented a bank in a fraudulent check case in which the plaintiff deposited a check in bank and immediately withdrew funds from the bank. Subsequently, the check was determined to be fraudulent (part of a lottery scam). The bank sought return of funds from the plaintiff, who refused to return the same. The plaintiff was subsequently arrested by the New York Police Department and prosecuted by district attorney. The plaintiff alleged malicious prosecution and intentional infliction of emotional distress. The case tried and settled for nuisance immediately prior to jury deliberation.
  • Vander Schauw v. Cross Sound Ferry Services, Inc., Supreme Court, New York County Represented a ferry company in a general maritime case. The plaintiff claimed the defendant was negligent in its freight storage practices in that a beach chair was able to encroach into the passenger walkway. As a result, the plaintiff sustained a fractured shoulder which required open reduction and internal fixation. Undisputed expert testimony confirmed the plaintiff’s residual loss of range of motion. The plaintiff demanded $450,000 and asked the jury for $650,000. After a two week jury trial, successfully obtained defense verdict on liability.
  • Black v. 22321 Owners Corp., et al., Supreme Court, New York County – The plaintiff, a shareholder and proprietary lessee of cooperative apartment, sought to renovate her apartment. The plaintiff claimed that the Co-op Board of Directors unreasonably withheld approval of her proposed renovation application in violation of proprietary lease and in breach of fiduciary duties. Prior to trial, we filed a successful motion to dismiss the individually-named member of the Board of Directors. Trial ensued against the Co-op Corp. and Board. During trial, equitable damages claims were resolved and trial on money damage claims adjourned to future date.
  • Reyderman v. Meyer Berfond Trust, et al., Supreme Court, Appellate Division, Second Judicial Department Represented a bank (tenant) in a third-party action commenced by a building-owner (landlord) seeking contractual indemnity based on lease agreement, following slip and fall on adjacent sidewalk. The landlord moved for summary judgment against the bank on the issue of contractual indemnity. We opposed, citing the absence of a contractual duty and that the locus in quo was not within the “demises premise.” After oral argument, Appellate Division affirmed trial court.
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