About Joseph Horowitz
Ahrorgulova v. Dr. Melinda Sue Mann, 144 A.D.3d 953 (2nd Dept. 2016) – Represented physician’s assistant in medical malpractice matter. Plaintiff claimed to have sustained a perforated uterus and sued the doctor and physician’s assistant. Arguing that the relation back doctrine was not applicable, secured reversal of lower court ruling. Appeals court dismisses complaint and cross-claims as against physician’s assistant.
Gunzburg v. Quality Building Services, Corp., 137 A.D.3d 424 (1st Dept. 2016) –Plaintiff claimed injuries after slipping on rainwater gathered near an internal escalator in the Time Warner Mall in New York City. Represented the owner of the mall on this appeal. The lower court dismissed the complaint but found that the owner was not entitled to indemnity from the cleaning contractor, a co-defendant. Appeals court affirmed the dismissal of the complaint and reversed the ruling on indemnity, finding that the owner was entitled to contractual indemnity from the cleaning contractor.
Torres v. Sander’s Furniture, 134 A.D.3d 803 (2nd Dept. 2015) – Appeals court affirmed dismissal of complaint. Plaintiff, who tripped over a sidewalk defect, sued the client –a tenant who leased the premises where the accident occurred. Appellate brief demonstrated that the tenant was not responsible for the condition causing the accident.
Harris v. NYU Langone Medical Center, 615 Fed.Appx. 49 (2nd Cir. 2015) – Plaintiff’s suit against psychiatrist for alleged medical malpractice dismissed by Second Circuit Court of Appeals.
Francis v. Plaza Construction Corp., 121 A.D.3d 427 (1st Dept. 2014) – Represented a general contractor, Plaza Construction Corp. Appeals court reverses the trial judge’s decision, and holds that the general contractor did not create the accident-causing condition. The general contractor was thus entitled to dismissal of the complaint as well as unconditional contractual indemnity from a subcontractor. The plaintiff had sustained career-ending injuries and the potential exposure to the client was over $4 million.
National Union Fire Insurance Co. v. 221-223 West 82 Owners Corp., 120 A.D.3d 1140 (1st Dept. 2014) – Represented insurer in a declaratory judgment action in both the trial court and appeals court and successfully secured a reversal of the lower court’s order. As a result of the appellate victory, the employer’s liability insurer was absolved from defending or indemnifying its insured in an underlying bodily injury action.
Fernandez v. Babylon Municipal Waste, 117 A.D.3d 678 (2nd Dept. 2014) – Reviewing court reverses the grant of summary judgment in favor of plaintiff motorist who was struck in the rear by the client, the driver of a garbage truck. Plaintiff stopped short in the middle of an intersection that was clear of obstructions. The appeals court found that questions of fact remained with respect to plaintiff’s comparative negligence, and thus plaintiff was not entitled to judgment as a matter of law.
Vargas v. Scalamandre, Inc., 105 A.D.3d 454 (1st Dept. 2013) – Appeals court reverses order of the lower court and grants summary judgment to the client, finding that the client (a concrete contractor) did not create the condition causing plaintiff’s accident. Plaintiff, a construction site laborer, underwent career-ending back surgeries as a result of the workplace accident. The case was tried against the remaining defendants and the jury returned a $10.6 million verdict.
Schiavone v. Bayside Fuel Oil Depot, Inc., 94 A.D.3d 970 (2nd Dept. 2012) - Plaintiff tripped and fell on gravel in a parking lot owned by the client. Affirming the dismissal order of the lower court, the reviewing court finds that the gravel condition complained of was open, obvious and not inherently dangerous.
Dos Santos v. Power Authority, 85 A.D.3d 718 (2nd Dept. 2011) – The client performed maintenance work on a revolving door. Several weeks later, the door collapsed, injuring plaintiff. The lower court ruled that the owner was entitled to contractual indemnity from the client. The appeals court reversed, holding that the injury did not “arise out of” the client’s performance of its obligations under the contract.
- University of Maryland School of Law
- J.D. - 2002
- Yeshiva University
- B.A. - 1998
- Civil Litigation
- Personal Injury
- Appellate Practice
- Insurance Coverage
- Tennessee, Pending
- New York State, 2003
- Southern District of New York, 2010
- Second Circuit Court of Appeals, 2012