Verdicts / Settlements
Seemer v. Bailey, Underhill Management
SEXUAL HARASSMENT SETTLEMENT -- Successful settlement of claims brought by a woman who was repeatedly sexually harassed by her landlord.
People v. Enderli - NYC Firearms Charges DISMISSED
CRIMINAL CHARGES DISMISSED -- Marine veteran faces state prison time for declaring legal handguns at 911 Memorial in NYC
When former U.S. Marine Elizabeth Enderli left her home in Texas to visit the 9/11 memorial in New York City, she never imagined that she would end up incarcerated and charged with felony gun possession. The 31-year-old military veteran is licensed by the State of Texas to carry a concealed weapon, which she believed was reciprocal with the state of New York. Upon seeing the “no firearms” sign inside of the 911 Memorial, she immediately informed the security officer that she had a concealed carry permit and asked where she could check her weapons. Enderli was shocked to learn that her Texas firearms license was not recognized by the State of New York. Enderli was arrested and charged with felony possession of a weapon. “She did what every responsible gun owner would do,” her attorney, Amy Bellantoni, told FoxNews.com. "If she thought she was doing something wrong, she would have turned around and walked out…There's absolutely no criminal intent here.” If found guilty, Enderli faces a mandatory minimum state prison sentence of 3 ½ years.
Our client, a licensed gun owner, discharged his firearm in a safe direction on his own property in defense of his wife who was being threatened with imminent physical injury. Under these circumstances, his conduct was defensible and the client was sympathetic. Unfortunately, our client gave the “friendly” police officers consent to search his home during their investigation of the incident, which resulted in the discovery of a second firearm, which was unregistered and the serial number was defaced. Our client was charge with a Class D felony for his possession of the defaced firearm. We were successful in securing a plea to a reduced charge with no jail time.
Stalking / Aggravated Harassment
Our client was charged with Stalking in the First Degree for repeatedly following and contacting the complainant. We were successful in securing a non-criminal disposition with no fine, community service or jail time.
Possession of a Controlled Substance (False Arrest)
Dismissal of charges against our client who was unlawfully arrested and falsely charged with possession of a controlled substance. Our client spent 4 hours in jail. We sued the City of New York and the police officers in state court for false arrest. We secured $30,000 for our client.
Possession of a Controlled Substance (False Arrest)
Dismissal of charges against our client for possession of a controlled substance. We subsequently sued the City of New York and the police officers and secured an award of $250,000 for our client.
Felony Drug Possession (Steroids)
Our client was charged with felony drug possession. We were successful in obtaining a non-felony disposition and avoided both jail time and probation.
Theft of Services (False Arrest)
Dismissal of charges against a hearing-impaired client arrested by NYPD and charged with Theft of Services for allegedly refusing to pay a taxi fare. Our client spent 3 hours in jail and made 2 court appearances. We subsequently sued the City of New York and the police officers in federal court for false arrest and violations of the Americans With Disabilities Act. The case settled for $20,000.
Felony Possession of Marijuana (False Arrest/Malicious Prosecution)
We filed a complaint in federal court for false arrest and malicious prosecution against the City of Yonkers and certain police officers on behalf of a client who spent 3 days in jail and made 3 court appearances. During the middle of trial, the defendants consented to the entry of a judgment in the amount of $150,000.
Millions have been awarded as a result of our advocacy for our clients, whether after trial or through carefully negotiated settlements - against local and city governments, school districts; Fortune 500 companies, international corporations, governmental agencies, Ivy League educational institutions and tri-state area hospitals in the following areas:
Sexual Assault and Harassment at Entergy's Indian Point Nuclear Facility
A male Nuclear Security Officer employed at Entergy's Indian Point Nuclear Facility has filed a complaint with the EEOC alleging that a male co-worker sexually assaulted him on the job. The alleged sexual predator, Vito Messina, is accused of having forcefully grabbed our client and thrust his erect genitals against his body. Apparently, numerous other Indian Point employees, including those in managerial positions, have been victims of Vito Messina's lewd comments and unwelcome sexual advances. Entergy and its management have been on notice of Vito Messina's offensive proclivities for over a decade but for years have allowed this alleged predator to continue his employment and continue to sexually assault and harass its employees. A federal complaint is expected to be filed against Entergy Nuclear Facility, Inc. upon the completion of the EEOC investigation, as required by federal statute.
Any Entergy employees who have also been victimized are encouraged to contact our firm.
Mount Vernon cop alleges racist workplace language
Police officer Mike Bovell is suing the City of Mount Vernon and certain
police officials alleging that his fellow non-black police officers routinely
used racist language when discussing city residents, and that they stole
money from, and mistreated, suspects.
Bovell claims that his supervisors and City Hall officials took no action after he filed complaints about the racist language and alleged misconduct and that he was retaliated against by police officials who denied him overtime, gave him poor performance evaluations and stripped him of certain medical benefits related to an on-duty injury.
Officer Bovell seeks unspecified compensatory and punitive damages plus his legal expenses. Attorney Amy Bellantoni said on Monday that Mount Vernon police officials continue to retaliate against her client “in whatever avenue is available to them.”