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Major Victories

Norville v. Staten Island University Hospital
Jury verdict $6,030,744 in disability discrimination case involving nurse with herniated disk who needed accommodation in lifting. Federal Court, Eastern District of New York, 96 CV 5222 (RJD)

More about the Norville case reported in:

New York Jury Verdict Reporter, January 22, 2001 (liability verdict)

New York Jury Verdict Reporter, January 2002 (damages verdict)

Staten Island Advance, December 14, 2001, “Ex-Nurse Wins $6M Damage Suit”

Final judgment upholding lower court's reduced judgment of 1.5 million dollars, Summary Order, United States Second Circuit Court of Appeals, October 8, 2004

Muņoz v. Manhattan Club Time Share, Inc.
Total judgment exceeding $750,000 for retaliation against hotel worker for complaining that his supervisor discriminated against him, leading to his termination. Federal Court, Southern District of New York, 11 CV 7037 (JPO).

More about the Muņoz case reported in:

POZ, July/August 2014 ”Defying Discrimination”

The Journal of HIV Law and Policy, 2014 (discussing case)

Above the Law, March 21, 2014 ”Congratulations To LeGaL On A Grand Gay Gala!”

New York Daily News, March 17, 2014 ”HIV Bias Slap”

Jury Verdict upheld by Trial Judge Paul Oetken, who held that the jury weighed the evidence, as the rules permit, and that my client's win was "a complete success," 2014 U.S. Dist. LEXIS 132166, fn.5 (S.D.N.Y. Sept. 18, 2014)

Entire judgment in excess of $760,000 is upheld by Second Circuit Court of Appeals within two days of oral argument. Summary Order, June 17, 2015.

Simmons v. New York City Transit Authority
Total jury and judge verdict $455,069 for disability discrimination in train operator's removal from job because of her diagnosis of irritable bowel syndrome. Federal Court, Eastern District of New York, 02 CV 5222 (CPS). Jury Verdict Affirmed, Summary order, Second Circuit Court of Appeals, August 3, 2009.

More about the Simmons case reported in:

New York Daily News, December 4, 2007 ”Train Operator Suffering From Irritable Bowel Syndrome Sues For Lost Wages”

New York Post, December 12, 2007, “Gal's Lawsuit Win Is A Ga$”

New York Daily News, December 12, 2007, “Irritable bowel conductor wins 150G”

Obabueki v. ChoicePoint
Jury verdict $450,000 for incorrect reporting by national consumer credit agency. Federal Court, Southern District of New York, 99 Civ. 11262 (AGS).

This verdict remains a personal victory to me, as the conscience of the community spoke and validated by client's suffering. Unfortunately, it was later thrown out - judges can do that in rare circumstances, which goes to show you how unpredictable a lawsuit can be. Years later, however, the media picked up on ChoicePoint's less-than-exacting methods of compiling and storing information, and how it affected peoples' lives, as it had Mr. Obabueki's. More about the Obabueki case was then reported in:

Wired Magazine, March 23, 2005, “ChoicePoint's Checks Under Fire”

NPR Morning Edition, “Personal Info Database Raises Privacy Concerns," December 1, 2003

Hearing before the Committee on Financial Services, U.S. House of Representatives, One Hundred Ninth Congress, first session, May 4, 2005, p110 ("Assessing data security: preventing breaches and protecting sensitive information")

Leung v. Goldberg
Settlement, $219,000 in legal malpractice case involving attorney's failure to advise client to obtain independent tax advice before commencing risky legal strategy, New York County Supreme Court,06/108425.

Eze v. New York Health & Hospitals Corp.
Settlement, $115,000 in medical malpractice/civil rights case involving the confinement of a student to Kings County Psychiatric Hospital Kings County Supreme Court,09/500122.

More about the Eze case reported in:

New York Times, January 13, 2011 "Former Student Sues College Over Stay in a Mental Ward"

Fielding v. Kupferman
Appellate victory: Appellate Division, First Department unanimously reverses lower court and reinstates doctor's malpractice claim against lawyer. 65 A.D.3d 437 (First Dept.2009).

More about the Fielding case reported in:

New York Law Journal, August 12, 2009 ”Malpractice Claim Goes Forward Against Divorce Attorney"

(After much litigation, the Appellate Court in 2013 found that my client, the doctor, could not prove that the attorney's negligence caused him harm. Ultimately, it was a loss on narrow grounds, but a former matrimonial judge served as our expert witness, who attested that it was a jury issue to determine whether the attorney's mistakes caused my client harm. The Appellate Court, the second time around, didn't buy the argument, which again demonstrates that litigation can be unpredictable.)

D’Ascoli v. Maura & Relamed
Jury verdict $241,000 in race discrimination case. Federal Court, Southern District of New York, 02 Civ. 2684 (LMM).

More about the D’Ascoli case reported in:

Federal Jury Verdict Reporter, October 2005

Baker v. Dorfman
Verdict in the amount of $403,490.55 in legal malpractice and attorney fraud case involving an attorney’s failure to file suit against a testing lab for the false report of an HIV diagnosis. Federal Court, Southern District of New York, 96 CV 5222 (DLC), November 1998.

More about the Baker case reported in:

New York Law Journal, “Award Winning Lawyer Rebuked for Fraud,” April 6, 1999, discussing Gregory’s successful case against the defendant in the Baker case who unsuccessfully sought to overturn jury verdict.

Judgment affirmed in its entirety by appeals court, 239 F.3d 415 (2d Cir.2000)

New York Law Journal, “Award over Failure to File Suit Upheld,” September 1, 2000. (Article discusses first decision by appeals court to rule that a negligent HIV misdiagnosis is a basis to file suit for emotional distress.)

Money judgment enforcement proceeding affirmed by appeals court, 232 F.3d 121 (2d Cir.2000) (Supreme Court Justice Sotomayor was part of the three judge Appeals Panel)

New York Law Journal, “Judge Requests Contempt Prosecution,” April 18, 2006. (Article discusses Judge's Request of United States Attorney to prosecute criminal action against attorney based on complaint filed by Gregory Antollino on behalf of his client.)

New York Law Journal, “Lawyer Avoids Jail in Contempt Case,” December 12, 2007. (Article discusses how attorney barely avoids a jail sentence but must serve two years' probation and spend time in a halfway house based on complaint filed by Gregory Antollino.) The attorney later did spend 30 days in jail because he violated the judge's probation order by traveling out of the country without permission! Imagine the hubris?

Matter of Dorfman, 81 A.D.3d 59 (1st Dept. 2011) (appeals court suspends attorney for misconduct based on complaint filed by Gregory Antollino on behalf of Ricky Baker). In the end, because the attorney defendant fought so hard to avoid paying my client, he lost his law license for a year, then it took him another year to convince the court that he was morally fit to be an attorney. It was a classic fight to the finish, and though he eventually got his license back, it was his loss.

Dent v. Medical Group
Settlement $222,500 for false HIV diagnosis Supreme Court, New York County (defendants remain confidential in this case defended by New York City's two premier medical malpractice firms.) The settlement was reached after the judge denied their motion for summary judgment, holding that it up to the jury to determine whether the lab or the medical group negligently swapped plaintiff's blood sample for someone else's. Dent v. [Anonymous] Hosp., 926 N.Y.S.2d 343 (Sup. Ct. 2011)

Attard v. City of New York
In this age discrimination case, the Judge found, pretrial, that the City of New York was responsible for two years of discovery delays and ordered the City to pay attorneys fees and expert witness fees to correct its waste of time. The City paid over $66,000 in attorneys and expert witness. 05 Civ 2129 (JG)(RML), 2008 WL 1991107 E.D.N.Y. May 05, 2008, also reported in New York Law Journal, May 30, 2008; reargument and appeal by City denied, 2008 WL 3334028 E.D.N.Y. Aug 08, 2008

More about the Attard case reported in:

New York Law Journal, May 27, 2008, “City Is Sanctioned for Failure To Follow Discovery Orders”

In the end, the Attard case was not a victory in the traditional sense, because, after the City was sanctioned and finally turned over the evidence required, the judge held the statistical evidence of age bias was insufficient to let the case go to trial. The Second Circuit Court of Appeals affirmed this decision. Because I believed these decisions were incorrect, however, I petitioned to the United States Supreme Court. My argument for reversal had something going for it in that another Circuit Court of Appeals, the Tenth, had a completely different rule on the question of law that got Mrs. Attard's case dismissed. The petition, the first I'd filed, was noticed by SCOTUS Blog, a division of Bloomberg News, which thought Mrs. Attard had a running chance for further review. It named my brief in the case Petition of the Day on March 21, 2012. Unfortunately, the Supreme Court doesn't have to take any case, even when two parts of the country disagree on a rule of law, and when her case came up for conference, the Justices denied all 127 petitions that were up for review. I'll never regret taking the case and consider it a victory in that I fought for what I knew was right and didn't give up until the final court of last resort denied further review.

Siagha v. Katz
Judge awards Gregory Antollino’s client judgment against his former attorney for gross overbilling in the amount of $330,598. 16 Misc.3d 1130 (2007), appeal dismissed, slip op., December 18, 2008 (First Dept.)

More about the Siagha case reported in:

New York Law Journal, August 7, 2007, “Lack of Retainer Leads Court to Order Firm to Return Fees Beyond Contingency”

Gay Men’s Health Crisis
Award for Litigating for People with HIV, June 1996. In this case I was recognized for a unique strategy in using confidentiality laws against New York Life Insurance Company, which publicly exposed the HIV status of GMHC client in court in the attempt to cancel his insurance coverage.

My volunteer work for GMHC was also reported when I worked for Weil, Gotshal in:

New York Law Journal, “Pro Bono Digest,” January 7, 1994, discussing successful case against U.S. Life Insurance Company, which wrongfully cut off the disability benefits of a person with AIDS.

Robinson v. Way
Jury verdict, June 2006, amount of $129,700, for legal malpractice in attorney's failing to appear at a real estate closing, Kings County Supreme Court, 04/31413. The jury's punitive damages were thrown out, but the finding of legal malpractice was upheld on appeal 57 A.D.3d 872 (2d Dept.2008)

People v. Coppez
A unanimous (7-0) decision by the New York Court of Appeals, New York’s Highest Court, for Gregory Antollino’s client resulting in dismissal of the indictment. 93 N.Y.2d 249 (1999). I was less experienced and chubbier at the time, but you can see me arguing the case right here:

Barnes v. Anderson
Reinstating civil rights claim based on the error of a judge who allowed the summary rejection of a black juror. Barnes was the first reversal in a civil case for this particular violation of law in the Second Circuit, the federal jurisdiction just below the U.S. Supreme Court that includes New York, Connecticut and Vermont. 202 F.3d 150 (2d Cir.1999).

More about the Barnes case reported in:

New York Law Journal, "Circuit Reinstates Civil Rights Action," August 25, 1999

Rivera v. Heyman
Reinstating plaintiff’s claims against the Smithsonian Institution brought because of employment discrimination on the basis of HIV diagnosis. 157 F.3d 101 (2d Cir.1998)

Fontaine v. Matthews
Affirming jury verdict for Gregory's client in legal malpractice case involving attorney who abandoned his client at trial. 25 A.D.3d 477 (1st Dept 2006). Case was successfully tried and defended on appeal by Gregory Antollino.

Jennings v. Parade Publications
Judge summarily rejects employer’s attempt to defend termination and to characterize employee's need to care for her autistic child as mere babysitting. 2003 U.S. Dist. LEXIS 17088; 84 Empl. Prac. Dec. (CCH) P41,498, September 29, 2003.

More about the Jennings case reported in:

New York Law Journal, October 4, 2004, “Family Medical Leave Act and Enforcement of Attendance Policies”

McCoy v. NYC Police Dept.
Denying the Police Department’s attempt to shortchange formerly unrepresented prisoner of an oral settlement agreement. 1996 U.S. Dist. LEXIS 11561 (S.D.N.Y., August 12, 1996)

New York Law Journal, “City Denied Settlement to Oral Agreement, August 15, 1996.

Ciaramella v. Reader's Digest Association, 131 F.3d 320 (2nd Cir. 1997). Appeals court adopts the reasoning in McCoy for all federal courts in New York State.

Gilbert v. Related Mgmt. Co., L.P.
Upholding the denial of summary judgment to the defense in AIDS employment discrimination case. 254 A.D.2d 53 (1st Dept.1998). The case later settled confidentially.

More about the Gilbert case reported in

Crains New York Business, “Broker with AIDS Sues Ex-Employer,” November 16, 1998

Hyman v. Smith
Reversing the dismissal of a legal malpractice case. 39 A.D.3d 231 (1st Dept 2007).

Sullivan v. Con Edison
$245,000 settlement in HIV and mental health discrimination case where electrician was harassed and forced to choose between his job and Con Ed's insistence that he take psychotropic medications in order to keep his job. 98-cv-00979, Federal Court, Southern District of New York, January 1999

Ferguson v. Interpublic
Sexual orientation/HIV discrimination case settled on confidential basis

More about Ferguson case reported in

Adweek, March 19, 1998, “Anti-Gay Bias Lawsuit; at Least $1 Mil. In Damages Sought”

Gay City News (formerly LGNY), "Mad Ave, Indeed: Homophobic Conspiracy Alleged at Manhattan Ad Agency," March 12, 1998

New York Blade, March 6, 1998

Lesbian/Gay Law Notes, September 1998

Coradin v. Jones and Reilly
$160,000 settlement for home seller's fraud and attorney's failure to reveal conflict of interest, New York County Supreme Court, 118423/2000

Brown v. City of New York
$150,000 settlement in false arrest case involving hand injury, Kings County Supreme Court, 7030/1998

Herbert v. City of New York
$135,000 settlement in false arrest case, Bronx County Supreme Court, 14680/1999

People v. Missrie
Reversing defendant’s conviction, imposed by Supreme Court Justice James A. Yates, for conspiracy. 300 A.D.2d 35 (1st Dept 2002), lv. denied, 100 N.Y.2d 541 (2003).

People v. Lebron
Reducing defendant’s sentence for robbery from 50 years to 15 years. 261 A.D.2d 291 [1st Dept.1999].

∗ Most cases settle, and most settlements in the areas that I practice are confidential, so I can't list them here. I've also listed my two biggest losses, Attard and Obabueki, so even if I took them both to the U.S. Supreme Court, that Court did not even decide to look at the case. They both got attention and publicity and I fought the good fight, winning important battles along the way - a jury verdict and $50,000 in sanctions don't come by everyday; but it would be accurate to say that my client was the loser in both of these cases. I point this out to show that even though I believed my clients were right, the judges did not, and at the Supreme Court level, they can take a pass without an argument. On the other hand, the battles I won in these cases were major, and, along with my other complete victories, past performance cannot always guarantee a similar result. What matters most is what happened to you: Hire the right attorney to tell your story within the rules to get the best result. This is attorney advertising.