Lawsuit dismissed against City of Troy Police Officer alleging civil rights violations
Published on Thursday, March 2, 2023
Albany-Schenectady-Troy-Capital Region-Municipal Defense
Rhiannon I. Gifford, Esq. and Michael E. Ginsberg, Esq. successfully obtained a court order dismissing a lawsuit against a City of Troy Police Officer alleging civil rights violations. The case was titled matter of Luis Batista-Reyes v. Robert Paul. In the Decision and Order issued on Wednesday, Judge Scullin of the Northern District of New York held that there was nothing more than the Plaintiff’s conjecture and surmise to support his allegations.
Municipalities are wise to hire the Pattison, Sampson, Ginsberg & Griffin team to defend them against excessive force and personal injury claims
Published on Wednesday, August 3, 2022
The Pattison firm achieves great success for municipal defense clients.
The team at Pattison, Sampson, Ginsberg & Griffin has a long history of successfully defending municipalities and their law enforcement officers. We understand how difficult it is for law enforcement officers in today’s challenging environment. Good officers are under constant attack and scrutiny from groups seeking to advance their own agendas and capitalize on the current anti-law enforcement sentiment. As a result, they and their municipalities are subject to baseless lawsuits that need the attention of skilled and experienced representation.
Despite that anti-law enforcement climate, we have won a multitude of excessive force cases and our team has saved many careers and millions of dollars in potential damages against municipalities.
The Pattison firm has a proven history of successfully defending excessive force, Fourth Amendment, Fourteenth Amendment, and other constitutionally and state law based claims. We can provide legal counsel and representation in:
Municipal defense
Excessive force defense
Personal injury defense
Administrative investigation
Managing Partner Michael E. Ginsberg has been named a Top 100 Trial Lawyer and a 2021 Lawyer of Distinction by The National Trial Lawyers and has successfully defended against dozens of claims of this nature.
Some of those cases include:
- Theodore Relf and Shelly Relf v. City of Troy, N.Y.; Troy Police Department: The plaintiffs sued the city and its police officers alleging civil rights and excessive force violations resulting from a K-9 bite and sought more than $1 million in damages. After a week-long trial, the jury found in favor of the city and the officers.
- John M. Larkins v. City of Troy, N.Y.; City of Troy Police Officers: The plaintiff brought suit alleging constitutional and civil rights violations. The case went to trial verdict and was dismissed in favor of the defendants.
- Meyers v. City of Troy, N.Y.: The plaintiff trespassed on the roof of an abandoned building owned by the City of Troy and fell through a skylight. She sought millions of dollars in compensation for a permanent injury. The matter was resolved upon favorable terms after years of litigation.
- Hellwig v. Saratoga County Board of Managers et al: We were successful in defending this claim made by Hellwig, a former Saratoga County administrator, alleging negligence, slander, libel, defamation, and infliction of emotional distress following his termination.
- Lamont Lee v. City of Troy, N.Y.: The firm defended four Troy police officers against claims of excessive force, failure to intervene, and assault and battery. While the plaintiff sought $3 million in damages, the jury found that the officers acting reasonably at all times under the circumstances and returned a verdict in favor of the officers.
- Michael Price, et al v. City of Troy, N.Y. et al: Plaintiffs alleged violations of their constitutional rights in connection with an emergency warrantless police entry into a building while chasing an active shooter. The case went to trial and all claims were dismissed by a jury.
- Your Place LLC v. City of Troy, N.Y. et al: Plaintiff brought a $30 million lawsuit alleging the city, its police officers, and code officers violated plaintiff’s rights under both the U.S. and New York Constitutions. A trial victory was achieved on behalf of the city and the officers, and was affirmed by the Supreme Court Appellate Division, Third Department.
- City of Troy, N.Y. v. 1776 6th Avenue, LLC: This plaintiff’s breach of contract matter related to the city’s tenancy at its interim city hall location at 1776 6th Ave. It involved issues related to breach of contract, landlord tenant, and municipal code. We were successful at trial and collected on the city’s judgment.
The Pattison firm wins another decision on mandatory COVID-19 vaccinations
Published on Monday, August 1, 2022
Click here to read more: August 1 2022 PRESS RELEASE.pdf
Click here to read the Decision.
Pattison Sampson Ginsberg & Griffin Sets Landmark Precedent in Defeating $27.5M College and University Based COVID Related Claims
Published on Monday, June 6, 2022
Details of the case can be found in an article which appeared in The Daily Gazette on Thursday, June 2, 2022. Click here to read more.
Pattison Sampson recovers $100,000.00 in unpaid rent from a Commercial Tenant
Published on Monday, August 2, 2021
Albany – Troy – Schenectady (Capital Region)
Landlord – Tenant – COVID
July 29, 2021
Pattison Sampson Ginsberg & Griffin yesterday, recovered $100,000.00 in unpaid rent for one of its commercial real estate clients. A commercial tenant had been in possession of the property for more than a year, refusing to pay rent. In spite of the COVID based restrictive moratoriums we were able to commence legal proceedings against the defaulting tenant. Those proceedings put legal pressure upon the non-paying tenant which ultimately decided to make payment as opposed to being evicted and a judgment rendered against them.
Landlords of both commercial and residential properties have had a very difficult time navigating through the COVID landscape. Our firm has been very successful in obtaining favorable results for our landlord clients during these terrible times and will continue to zealously represent the interests of our clients.
Pattison Sampson Wins Excessive Force Case
Published on Saturday, May 15, 2021
TROY, NEW YORK – Michael E. Ginsberg, Esq. and Rhiannon I. Spencer, Esq. of Pattison Sampson Ginsberg & Griffin secure verdict clearing four Troy Police officers of excessive force.
Click Here for Times Union Article
Troy NY, Officers Cleared of claims asserting use of excessive force in Utica trial on May 12, 2021. Michael E. Ginsberg, Esq. and Rhiannon I. Spencer, Esq. of Pattison Sampson Ginsberg & Griffin spent the better part of the week in U.S District court for the Northern district of NY, Utica defending four Troy police officers against claims of excessive force, failure to intervene and assault and battery, two federal civil rights claims and a NYS claim.
Click Here for YouTube Arrest Video
At trial Ginsberg successfully argued to the Jury of 8 that although a much greater use of force was warranted under the circumstances, only a minimal amount of force was actually used. He argued that “the force used was at the very low end of the spectrum.”
According to trial testimony the plaintiff engaged in a three-minute struggle with officers who were attempting to arrest him as he was combative, aggressive and non-compliant causing the officers to react to his aggression.
While the plaintiff sought $3M in damages, the Jury found that the officers acted reasonably at all times under the circumstances and returned a verdict in favor of the officers.
“We are very pleased by the result and glad that the Jury was able to recognize the falsity of the asserted claims against these dutiful officers,” Said Spencer.
“Police reform is a prevalent issue in our society today, certain actions and policies require review and revision, however false and unsubstantiated claims against responsible members of our police departments undermine the true issues and create impediments to resolution”, said Ginsberg.
Click Here for the Jury Verdict Sheet
Pattison Sampson Wins Class Action Appeal
Published on Thursday, March 4, 2021
Pattison Sampson Ginsberg & Griffin (Albany-Troy-Schenectady-Saratoga-Capital Region) defeated the appeal in a highly contested class action suit. “We are glad that the Appellate Court saw the same flaws in the case that we did” said attorney Rhiannon Spencer, Esq.
The suit involved claims of Labor Law violations by large employers based upon the manner in which certain pre-tax fringe benefits are managed. Michael E. Ginsberg, Esq., Managing Partner at the firm, stated “this is a great victory for large scale businesses who rely upon Federal regulation in the operation of business.
To view the decision, click here
To view the argument, click here
Pattison Sampson Defeats False Eviction Claim
Published on Tuesday, March 2, 2021
March 3, 2021-Troy NY
PATTISON SAMPSON DEFEATS FALSE EVICTION CLAIM
On February 19, 2021 the Court in Moran v. Lambert Building Co., LLC vindicated Michael Ginsberg and dismissed the claims of a tenant who falsely asserted that she had been illegally evicted from a Troy apartment by Lambert Building Co. and its’ representative Michael Ginsberg.
The Court found that landlord never attempted to evict the tenant, never threatened to evict tenant and importantly never “prevented access to the premises” by tenant.
It was determined by the Court that the tenant had voluntarily agreed to terminate the lease and vacate the apartment by Sept. 30, 2020 which was confirmed by text message and tenant’s conduct. According to the Court the photographic and testimonial evidence presented by Landlord demonstrated that as of Sept. 30, 90-95% of tenant’s belongingness had been removed from the property, that there was nowhere to sit, nowhere for a child or adult to sleep, no edible food, no toiletries, no shower curtain and a fly infestation.
The Court stated: “without any furniture or edible food for herself or her child it is impossible for the Court to conclude that Petitioner intended to stay in possession.”
On Oct. 1, 2020 tenant falsely reported to the Democratic Socialists of America that her landlord was “trying too illegally evict me.”
On Oct. 14, 2020 she together with her representative from United Tenants contacted landlord’s representative, Michael Ginsberg, and stated that she was only interested in making arrangements to retrieve the belongings she had left behind.
Landlord provided tenant the opportunity to retrieve those belongings on Oct 22, however instead of retrieving her items a protest had been organized based upon her false claims of an illegal eviction. Based upon tenant’s false allegations protesters were arrested, prosecuted and convicted.
“Such false assertions have the effect of damaging and undermining the legitimacy of activities aimed at helping those who are truly in need and actually experiencing a housing crisis”, said Thomas Lavery, Esq. the winning attorney.
In spite of tenant’s demand for tens of thousands of dollars in damages she was ordered to pay the landlord for the condition she left the apartment in.
During these unprecedented times of the Covid19 pandemic landlords have been neglected by the Federal Govt. and excluded from stimulus relief. To further add insult tenants have attempted to take advantage.
To view the decision click here
Pattison Sampson Wins Class Action Lawsuit
Published on Tuesday, September 17, 2019
Pattison Sampson (Albany-Troy-Schenectady-Saratoga-Capital Region) defeated a class action lawsuit, asserting that thousands of people had been financially damaged in violation of the New York State Labor Law.
The New York State Supreme Court ruled that our client’s practices and benefits were in full compliance with law and were actually a benefit to those receiving them when it dismissed the lawsuit and refused to certify the matter as a class action” said Michael E. Ginsberg, Esq., Managing Partner at the firm.
Pattison Sampson Victory on Policy Violation
Published on Friday, September 6, 2019
September 6, 2019 Troy, New York – Pattison Sampson (Albany-Troy- Schenectady-Saratoga-Capital Region) successfully defeated a claim of policy violation when the Court ruled that the client acted properly and appropriately.
“We were pleased by the Court’s decision and reasoning in this very serious matter” said Michael E. Ginsberg, Esq., lead counsel in the matter. Read the decision/order from State of New York Supreme Court.
Pattison Firm Wins on Title IX Claim
Published on Monday, September 2, 2019
September 2, 2019 – Albany, New York: Pattison Sampson (Albany-Troy-Schenectady-Saratoga-Capital Region), one of the premier law firms practicing in the Title IX space, won a Title IX claim in United States District Court for the Northern District. This is the most recent case in a string of Title IX victories for the firm. The depth of knowledge of that particular practice area and the firm’s practical approach have proven again to be a winning strategy. Read the decision and order on preliminary injunction.
Pattison Sampson Victory in Civil Rights Case
Published on Tuesday, September 27, 2016
September 22, 2016 – Albany, New York
Yesterday a Federal Court Jury in Albany, NY dismissed claims against the City of Troy and a number of its’ police officers and code enforcement officers. Lead Trial Counsel, Michael E. Ginsberg, Esq. of Pattison Sampson Ginsberg & Griffin, Troy NY, said “The Jury fully understood this complex case and came to the correct conclusion.”
The plaintiff alleged violations of both his 4th Amendment and 14th Amendment Constitutional rights stemming from an August 2010 raid of the old Paradise Pub in Troy following reports of a gunshot victim.
Pattison Sampson Instrumental in $1.9Mil. Bequest.
Published on Tuesday, September 27, 2016
Pattison Sampson Ginsberg & Griffin PC is proud of the estate planning work we do in protecting the wealth and assets of our clients and ensuring that their wishes are realized. We were pleased to effectuate Irving Myers’ $1.9Mil bequest to The Daughters Of Sarah nursing home.
Pattison Sampson creates new precedent in Higher Education Law
Published on Thursday, March 19, 2015
Pattison Sampson wins in McInerny V. RPI!
The 2nd Circuit Court of Appeals, the highest Federal Court in NYS, just issued its Final Mandate upholding the trial Court’s dismissal of a graduate student’s claims of disability based discrimination.
The Decision creates an important precedent for colleges and universities. It identifies an approved method of providing reasonable testing accommodations in compliance with the Americans With Disabilities Act (ADA) and The Rehabilitation Act.
The decision also demonstrates the importance of maintaining appropriate policies for handling issues of insufficient academic performance by students, including those with disabilities.
The Court found that [The ADA] “and the Rehabilitation Act do not require a defendant to provide a plaintiff with his ideal or preferred accommodation. Rather, the statutes require that an individualwith a disability be provided a reasonable accommodation so that he or she may participate equally in the good, service, or benefit offered by the place of public accommodation. RPI was not required to accommodate plaintiff’s every preference. It was not required to expand its faculty or make adjustments to its policies, particularly after it determined that plaintiff was not meeting its academic requirements. RPI provided plaintiff extended time in which to take exams, tailored his Oral Department Qualifying Exam in a manner which best accommodated his needs, and granted him breaks as requested during his Doctoral Qualifying Exam.”
McInerny v. RPI Final Mandate
Pattison Firm Collects $1.75Mil for Client!
Published on Wednesday, February 18, 2015
On December 31, 2014 Pattison Sampson collected $1.75 Million for its client in a highly contested breach of contract law suit. We are unable to identify the parties or the particulars due to a Court order of confidentiality however we want to congratulate our client as well as our team of attorneys that worked tirelessly on the matter.
