February 18 – Jay Girvin will be presenting at the Association of Towns of the State of New York “2013 Training School and Annual Meeting”. Jay will be presenting on the subject of Changing Culture through Effective Evaluations and Discipline Processes. This discussion will also include a conversation on the authority for drug and alcohol testing for employees (and applicants) not covered by the Omnibus Transportation Employee Testing Act.
January 17 – Tara Moffett presented at the Schenectady County Bar Association’s “Program on Legal Research”. Tara will discuss the topic of Free and Low-Cost Legal Research.
December 11 – Jay Girvin presented at the New York State School Board Association’s Winter Law Conference. Jay spoke on the subject of School Districts Responsibility to Evidence or Allegations of Discrimination in the Work Place.
November 17 – Jay Girvin presented a “Fiscal Responsibility Training” at the Washington-Saratoga-Warren-Hamilton-Essex BOCES. Jay spoke on the Prevention of Fraud and Abuse
October 16 – Jeffrey Honeywell presented at the annual conference of the Association of School Personnel Administrators on the topic of Workplace Investigations.
October 1 – Kristine Lanchantin and Jay Girvin presented at the Annual Conference of Superintendents for the HFM and WSWHE BOCES at the Minnowbrook Conference Center.
Karen Norlander conducted workshops at the Rockland and Dutchess County BOCES talking about the Dignity For All Students Act. The Dutchess County workshop was held on August 16th and 17th.
August 23 – FREE CDPHP DOCUMENT FAIR – William Pfeiffer teamed up with CDPHP to assist individuals through the process of completing important legal documents, including an advanced directive and a health care proxy. He also spoke on Medicaid Asset Protection and the importance of having a power of attorney.
September 27 – William Pfeiffer was one of three panelist at an educational program hosted by the “Professional Advisor Steering Committee of The Community Foundation of the Greater Capital Region“. The program title: “Helping to Secure Your Client’s Retirement: Transforming Social Security Into A Winning Retirement Strategy”.
FIRM NEWS:
Karen Norlander was quoted in the Wall Street Journal about a recent bill passed by the New York State Legislature concerning taxpayer-funded private-school education for special education students. Ms. Norlander also has been invited to serve as a consultant to the Southern Westchester BOCES to develop and provide specialized training for school districts to facilitate the implementation of the Dignity For All Students Act.
Christopher Langlois has accepted an invitation to teach as an Adjunct Professor at Siena College for the 2012 fall semester. Mr. Langlois will be teaching “Introduction to Criminal Law”.
James P. Girvin has been accepted as a member of the Board of Directors for the Animal Protective Foundation in Scotia, New York.
Sal Ferlazzo and Jay Girvin recently received the Fr. Ben Kuhn O.F.M. Award from Siena College for their service on contributions to hte Siena College community.
Girvin & Ferlazzo, P.C. Involved in Federal Litigation Regarding DePuy ASR Hip Replacement Systems
In August of 2010, DePuy Orthopaedics, Inc. a division of Johnson & Johnson, issued a voluntary recall of two of its ASR Hip Replacement Systems. These hip replacement systems were implanted in patients, some of whom received implants on both the right and left sides. Many of those individuals have been required to undergo revision surgeries to have the recalled implant or implants removed and replaced.
Girvin & Ferlazzo, P.C. is currently attorney of record against DePuy Orthopaedics, Inc., and its affiliates, for claims arising from the ASR Hip Replacement Systems. If you have been implanted with a DePuy ASR Hip Replacement System, or have been required to undergo a revision surgery as a result of the DePuy recall, you may be entitled to compensation for your pain, suffering, medical expenses, and other economic loss.
If you are interested in receiving a free consultation, please call our offices at (518) 462-0300 and ask to speak with Sal Ferlazzo, Esq. or Robert Manfredo, Esq.
CASES:
Girvin & Ferlazzo, P.C. Obtains Summary Judgment for Subcontractor
In a Decision and Order dated March 7, 2012, the Supreme Court of Dutchess County awarded summary judgment in favor of a subcontractor on its claim for breach of contract. Robert F. Manfredo, Esq. represented the subcontractor against the general contractor before the Supreme Court.
The subcontractor, a Connecticut based company, was hired by the defendant, a general contractor, pursuant to an oral agreement to perform asbestos waste transportation and disposal services in connection with the improvement of real property. After completing the agreed upon services, the subcontractor mailed the general contractor an invoice for its services. The general contractor, however, failed to pay the subcontractor for the services it provided. Girvin & Ferlazzo, P.C. commenced an action against the general contractor for breach of contract, account stated, and unjust enrichment.
On a motion for summary judgment, the Court ruled that the subcontractor made a prima facie showing of entitlement to judgment as a matter of law on its claim for breach of contract. Accordingly, the Court awarded the subcontractor the amount due for its services plus statutory interest.
If you would like more information about this case, please contact Robert F. Manfredo at rfm@girvinlaw.com.
Girvin & Ferlazzo, P.C. Obtains Favorable Decision for School District before State’s Highest Court
On January 5, 2012, the New York State Court of Appeals – the highest court in New York – held that the Garrison Union Free School District was not obligated to provide a tuition-free education to children living at a licensed child care institution located within the boundaries of the District. The Court of Appeals’ decision affirmed the holding of the Appellate Division, Second Department, as well as the Supreme Court.
In deciding this case, the Court of Appeals adopted Girvin & Ferlazzo’s argument that, pursuant to Education Law Section 3202, the school district of the child’s residence is financially responsible for the cost of educating children living at a child care institution. The child care institution had argued that because Article 81 of the Education Law – specifically Section 4002 – provides that children living in child care institutions are entitled to receive a free and appropriate education in a setting which includes the school district where the child care institution is located, the local school district was required to enroll and educate these children on a tuition-free basis. The Court of Appeals rejected this argument on the basis that Article 81 does not address which entity is responsible for paying the cost of the “free and appropriate education” and, as a result, must be read in conjunction with Education Law § 3202. The Court also noted that the legislature did not intend for a local school district to bear the financial responsibility for educating children living in a child care institution.
The School District was represented throughout the litigation by Salvatore D. Ferlazzo, Esq. and Patrick J. Fitzgerald III, Esq.
Girvin & Ferlazzo and Cantwell Law Firm Obtain $6.1 Million Judgment in Wrongful Death Action
Girvin & Ferlazzo, P.C., and the Cantwell Law Firm, PLLC, have just obtained a $6.1 million judgment dated February 10, 2012 in a wrongful death action on behalf of the Estate of Timothy G. Carter against Anthony V. Pavone. Pavone was convicted in the double murder of Timothy Carter and Patricia Howard in June of 2011 and sentenced to life in prison. After an inquest, Clinton County Supreme Court Justice Robert J. Muller awarded $5 million in punitive damages, $1 million for pain and suffering, and $100,000 for wrongful death damages. “We are pleased that the Court granted such a large verdict since it sends a loud and clear message that such conduct will not be tolerated in Clinton County,” says Salvatore D. Ferlazzo, Esq. He continued that “Like all of our personal injury matters, we intend to vigorously pursue reasonable judgments and collections of those judgments”. Plaintiff was represented by Salvatore D. Ferlazzo, Esq. and Lauren A. Atwood, Esq. of Albany and Richard E. Cantwell, Esq. of Plattsburgh. Click on the link below to read the article in the Plattsburg Press Republican newspaper. http://pressrepublican.com/0100_news/x1501439822/Convicted-murderer-ordered-to-pay-6-1-million
Sal Ferlazzo Featured On WNYT’s Story On The Town Of Grafton
Girvin & Ferlazzo’s Sal Ferlazzo was featured on WNYT last night in a story they reported about the Town of Grafton. Click here to see the story.
Girvin & Ferlazzo Obtains A $700,000 Judgment -
Girvin & Ferlazzo successfully obtained a $700,781.00 judgment in an assault and battery case which sought punitive and compensatory damages for a client’s personal injuries.
The defendant viciously attacked the plaintiff with a baseball bat on Lark Street in the City of Albany. He was not provoked, and he did not stop even after the plaintiff was knocked unconscious. As a result of the assault and battery, the plaintiff sustained severe head and facial injuries requiring open reduction surgery and internal fixation. The injuries included a right mandibular angle fracture, right zygomatic arch fracture, right zygomaticomaxillary complex fracture, right orbital floor blow-out fracture, dislocation of his jaw, and lacerations to the head requiring many stitches, in addition to several contusions to the head, arms, and legs.
In the wake of recent criminal activity in downtown Albany, the New York State Supreme Court, Albany County (Connolly, J.) awarded the plaintiff $500,000.00 in compensatory damages to compensate him for his injuries and $200,000.00 punitive damages, plus costs, in this civil lawsuit.
The judgment was obtained following an inquest trial conducted by Salvatore D. Ferlazzo, Esq. and Lauren A. Atwood, Esq.
Girvin Attorneys Win $6 Million Verdict for Want Ad Digest in Copyright Infringement Case
On July 27, a federal court jury in the Northern District of New York issued a verdict resulting in a judgment of $6,020,250 on behalf of Want Ad Digest Inc. of Troy, publisher of a widely sold magazine, against a competing publisher, Display Advertising Inc. of Watervliet, and its president, Edward H. Spain.
The jury found that Spain committed 8,027 acts of copyright infringement under the Federal Copyright Act. District Court Judge Gary L. Sharpe of the New York Federal District Court for the Northern District of New York assessed damages against both the president individually and the publishing corporation.
Want Ad Digest Inc, represented by Salvatore D. Ferlazzo, Esq. and Robert F. Manfredo, Esq. of the Albany law firm of Girvin & Ferlazzo, P.C., brought suit against both the competing company and its president for misappropriating classified advertisements from the publisher’s magazine and printing them in its own competing publication in early 2008.
Prior to the trial, Judge Sharpe held that Want Ad Digest had legal ownership of the classified ads published in its magazine for the purpose of asserting a copyright infringement claim. During the trial, the jury credited the publication’s proof that the classified commission ads were sufficiently original to allow an infringement claim and that the owner/president of Display Advertising was personally responsible, in addition to the corporation, for the acts of infringement.
New York Law Journal Reports on $6 million Verdict -
The New York Law Journal ran an article on the $6 million verdict obtained by Girvin & Ferlazzo in this copyright infringement case.
Click here to see the article (right click if you would like to download the PDF file).
For more information contact Salvatore D. Ferlazzo or Robert F. Manfredo at 518.462.0300 or email Ferlazzo at sdf@girvinlaw.com.
Click here to see a copy of the judgement.
Federal Court Holds that Publisher Owns Rights to Classified Ads
District Court Judge Gary L. Sharpe, New York Federal District Court for the Northern District of New York, held that the publisher of a widely sold magazine containing thousands of classified ads had legal ownership of those ads for the purposes of asserting a copyright infringement claim under the Federal Copyright Act. The publisher, represented by Salvatore D. Ferlazzo, Esq. and Robert F. Manfredo, Esq. of Girvin & Ferlazzo, brought suit against a competing company and the company’s owner for misappropriating classified ads from the publisher’s magazine and printing them in their own competing publication.
Click here to go to the New York Publishers Association website for more information.