Motion to Dismiss Granted
Malicious Prosecution Civil Malicious prosecution against District Attorney and Assistant District Attorney. Motion to dismiss complaint granted based upon absolute immunity, affirmed on appeal.
Settled during trial for $300,000.00.
Land Use Civil Plaintiff claimed that the Town unlawfully denied a building permit which prevented plaintiff from developing a hotel project. Claimed damages in excess of $20,000,000.00.
Motion to dismiss complaint granted.
Land Use Civil Alleged violation of constitutional rights as a result of the denial of a special use permit.
Summary judgment granted, affirmed on appeal.
Land Use Civil Unjust enrichment and breach of contract claim based upon an amendment to the Village’s Zoning Ordinance which deprived Plaintiff of the full use and value of his property.
No offer. Summary judgment granted.
Federal Constitutional Claim Civil Federal constitutional claim arising from the denial of home care services by the Department of Social Services.
Summary judgment granted.
False Arrest/ Malicious Prosecution Civil Plaintiff was arrested and all criminal charges were subsequently dismissed.
No offer. Defense verdict. No appeal.
Excessive Force and Wrongful Death Civil Two peace officers shot and killed plaintiff’s husband after responding to a 911 hang-up call and being confronted by him.
Motion denied. Affirmed on appeal.
Excessive Force and Malicious Prosecution Civil Verbal dispute between plaintiff and a police officer escalated into a physical confrontation. Plaintiff claimed injuries to his neck and back requiring three surgical procedures. $1.2 million demand during trial; $800,000.00 offer was rejected. Defense verdict on the claim of excessive force. Verdict in the amount of $3,500.00 on the claim of malicious prosecution which was subsequently settled for $25,000.00. Motion to set aside the settlement was denied, affirmed on appeal.
Verdict against co-defendant, affirmed on appeal
Deliberate Indifference to Medical Needs and Wrongful Death Civil Inmate committed suicide at correctional facility. Demand in excess of $1,000,000.00 prior to trial. Sealed during trial by County defendants for $500,000.00. Jury verdict against non-settling co-defendant in excess of $1,000,000.00, including attorney’s fees, affirmed on appeal.
Post-Conviction Victory on Direct Appeal
Portale Randazzo LLP Secures Win for Elvis Moremo – Criminal. In April 2021, the Appellate Division Second Department reversed Elvis Moreno’s wrongful conviction. Despite being merely present during a drug sale in 2015, he was wrongly found guilty of drug-related charges and labeled a “drug kingpin,” leading to a seven-year prison sentence. The unanimous Appeals […]