RESULTS & SETTLEMENTS

$3.5 MILLION Structured Settlement Recovery For Infant Injured At Birth
Dawn M. Pinnisi secured a settlement which is expected to pay out over $3.5 million to an infant who sustained Erb’s Palsy as a result of negligent labor and delivery at a New York City hospital. The matter was litigated Kings Supreme Court of New York and settled prior to trial.
$560,000 Recovery During Trial On Business Dispute
Jeffrey W. Varcadipane secured a settlement of $560,000 on behalf of business client who sued its insurer for business interruption losses it sustained when its New York City Building sustained water damage, resulting in lost rents. The Insurance company’s expert determined that the insurer was only responsible for $260,000. VP’s client’s expert determined that its client was entitled to $560,000 in covered losses. During trial, the insurer agreed to pay VP’s client $560,000. The case was litigated in Bergen County Superior Court and tried in February 2018.
Jeffrey W. Varcadipane secured a settlement for $850,000 on behalf of a client who sustained herniated discs in his cervical spine as a result of a motor vehicle accident caused by a drunk driver in Wayne New Jersey, which ultimately required that the client undergo surgery. The case was settled immediately before trial in the New Jersey Superior Court for Passaic County in November 2017.
Jeffrey W. Varcadipane secured a settlement of $525,000 on behalf of a client who was injured when the vehicle he was operating in was struck by a snowplow in Dutchess County, New York. The matter was litigated in Dutchess County Supreme Court and was settled during jury selection in November 2017.
Dawn M. Pinnisi secured a $400,000.00 settlement for the family of a victim of medical malpractice. The victim, a 51 year old male who had a prior history of mental illness, presented to the emergency room of a New York City run hospital with psychiatric complaints. Instead of being admitted to the hospital for evaluation, the man was negligently discharged and he was later found in a subway tunnel, having been struck by a train. The case was litigated in Kings County Supreme Court, New York and settled prior to trial in June 2017.
Dawn M. Pinnisi secured a $350,000.00 recovery against the New York City Housing Authority after a ceiling collapse causes serious injuries to one of its tenants. Despite repeated complaints over the span of four months regarding a constant leak from the tenant’s kitchen ceiling, the housing authority failed to remedy the condition resulting in a ceiling collapse. The tenant was taken to the emergency room and ultimately underwent back surgery. The case was litigated in Kings County Supreme Court of New York and settled December 2017.
Jeffrey W. Varcadipane secures a Plaintiff’s verdict in breach of contract action on behalf of business client who sought recovery for professional fees. The matter was tried in Superior Court of New Jersey, Middlesex County in October, 2017.
Jeffrey W. Varcadipane secured a settlement for $335,000 on behalf of a client who sustained fractures and required surgery after a motorcycle crash. VP’s client had rented the motorcycle a day earlier and while operating it on a highway, the motorcycle suddenly experienced a phenomenon known as “speed wobble”. VP’s motorcycle expert was able to link the speed wobble to a defective condition in the steering column. The case was litigated in the Superior Court of New Jersey, Essex County and settled prior to trial in October 2017.
Dawn M. Pinnisi secured a $147,500.00 settlement for a woman who slipped and fell over water in Macys and fractured her elbow. The matter was litigated in New York Supreme Court and settled in September 2017.
Jeffrey W. Varcadipane secures Plaintiff’s verdict in breach of contract action on behalf of business client owed unpaid balance for environmental contamination consultation services. The matter was tried in the Superior Court of New Jersey, Morris County in September 2016 over the course of three days and resulted in a favorable verdict for Plaintiff.
Jeffrey W. Varcadipane secured a favorable settlement on behalf of New Jersey businesses and its owner who were sued by an alleged partner seeking more than $500,000 in monetary damages and also a portion of the businesses. The matter was litigated in both New York and New Jersey Courts and after several significant victories during motion practice, Mr. Varcadipane was able to fully resolve the dispute for a monetary payment of only $20,000.
Jeffrey W. Varcadipane was retained to assist a NYC personal injury firm whose client’s injuries far exceeded available insurance coverage. Through a separately filed action under New York’s Debtor and Creditor Law, Mr. Varcadipane secured assets worth more than $1 million above the available insurance policy, which paved the way for Plaintiff’s recovery of a $1,750,000 settlement.
The medical malpractice in this action arose on October 13, 2000 in a delivery room at Woodhull Hospital in Brooklyn during the infant plaintiff’s birth. It is alleged that the doctors failed to appropriately deliver the infant causing her to sustain shoulder dystocia which resulted in Erb’s Palsy of her right upper extremity. As a result, the infant required physical therapy to her right arm. The New York City Health and Hospitals Corporation agreed to settle the action and fund a structured settlement on behalf of the infant which will produce period payments throughout her lifetime.
Jeffrey W. Varcadipane secures appellate court victory on behalf of trial counsel who had defeated defendants’ motion to change venue from Kings County to Nassau County. Dyer v. 930 Flushing, LLC; 118 A.D.3d 742 (June 11, 2014)
Jeffrey W. Varcadipane Secured a Settlement of just over $570,000 on behalf of Brooklyn woman injured by negligently maintained sidewalk. Jeffrey W. Varcadipane’s client suffered from a torn meniscus of her knee that required surgery.
Jeffrey W. Varcadipane recently filed an action under New Jersey’s Conscientious Employee Protection Act NJSA. 34:19-1 et seq (CEPA) , against a major national corporation.
Plaintiff slipped and fell in a Brooklyn supermarket on December 8, 2011 due to a freshly mopped floor with no signs or notice posted to warn customers of the wet floor. Plaintiff ruptured her Achilles tendon and required surgery. During litigation, Dawn M. Pinnisi discovered that the supermarket captured the accident on surveillance video. When the supermarket alleged to have lost the video, an application was made to the Court and the Judge ruled that the jury could infer that the video would have supported Plaintiff’s version of the accident.
In this lawsuit, it was alleged that a general surgeon failed to provide his patient, the plaintiff, with the findings of a CT Scan taken at a Brooklyn, New York hospital causing a significant delay in the diagnosis and treatment of left urothelial cancer. Ms. Pinnisi hired an expert urologist who opined that as a result of the surgeon’s failure, his patient suffered the loss of her left kidney.
Jeffrey W. Varcadipane recently obtained a six-figure settlement on behalf of clients under New Jersey’s Consumer Fraud Act related to mortgage fraud.Jeffrey W. Varcadipane recently obtained a six-figure settlement on behalf of clients under New Jersey’s Consumer Fraud Act related to mortgage fraud.
Jeffrey W. Varcadipane recently won an appeal in New York’s Second Department, Appellate Division, which upheld the lower court’s grant of summary judgment on its client’s claim under New York Debtor and Creditor Law (the fraudulent conveyance statute).
On May 2, 2013 at the Dr. Ronald E. McNair playground located at 122nd Street and Lexington Avenue in New York City, the infant plaintiff fell from playground equipment known as a spinning disc causing the infant to sustain a fractured arm. Ms. Pinnisi hired an engineer who opined that the spinning disc apparatus was unsafe and defective, namely due to the fact that the disc had nothing for children to hold on to while the disc was spinning, resulting in children being thrown from the disc. The expert’s opinion served as a basis for a lawsuit against the City of New York. As a result of this lawsuit, along with others brought throughout the five boroughs, the City of New York has removed these spinning discs or has made the discs stationery.
Jeffrey W. Varcadipane secured an appellate court victory upholding a trial court order that had permitted Plaintiff’s late Notice of Claim against New York City. In [Matter of Rojas v. New York City Health & Hosps. Corp., 127 A.D.3d 870 (April 8, 2015)], the City had sought to dismiss a mother’s claim arising out of the death of her child in utero based solely upon the fact that the Notice of Claim was filed more than 90 days after the death. On appeal, the Court agreed that Plaintiff had a reasonable excuse for not serving a timely notice of claim because the hospital failed to provide the autopsy report despite her multiple, prompt requests for it. Furthermore, the Court agreed that Plaintiff made sufficient showing that the City had actual knowledge of the essential facts to the claim during the relevant 90 day time period. Accordingly, the Court upheld the trial court’s denial of the City’s motion to dismiss.
On May 11, 2010 by the entrance to Universal Studios in Orlando, Florida, the infant plaintiff’s right ring finger got caught in the defective handlebar hinge of a Kolcraft Contours Option four wheeler stroller, model # ZL005, causing her to sustain a traumatic partial amputation of the finger. Ms. Pinnisi hired an engineer to perform an inspection of the stroller which revealed that the infant plaintiff’s injury was caused by a scissoring mechanism present in the stroller’s handlebar hinge which created two forms of mechanical hazard: a pinch point hazard which results in a crush injury and a shear point hazard which results in a cutting injury, making the stroller unreasonably dangerous and unfit for its intended purpose. The expert engineer opined that had Kolcraft simply put a guard or protective cover over the hinge, the infant plaintiff’s injury would have been prevented. After receiving the engineer’s findings, Ms. Pinnisi immediately contacted the United States Consumer Product Safety Commission and obtained a recall of the subject model stroller.
In the matter of Bergen County Health Care Center v. Mosier (BER-L-1899-14), Jeffrey W. Varcadipane, secured dismissal of claims against client, who had signed an admission agreement as his brother’s power of attorney so that his brother could be admitted to a nursing home. When estate assets were insufficient to cover the nursing home bills, client was sued for unpaid bills. Within months of the lawsuit starting, Mr. Varcadipane filed a motion to dismiss the case. The court agreed with Mr. Varcadipane’s arguments and dismissed the case. No appeal has been filed to date.
In this lawsuit, it was alleged that the Long Island Railroad failed to provide their employees with a safe place to work in violation of the Federal Employer’s Liability Act, 45 U.S.C.S. §51, et seq. resulting in the carjacking, kidnapping, robbery and assault of one railroad worker and the robbery of another railroad worker, both occurring at the East New York Long Island Railroad station in Brooklyn, New York. Ms. Pinnisi hired a security expert who concluded that the crimes perpetrated against both railroad workers were foreseeable and preventable; that the railroad was on notice that the area of the East New York station was dangerous and located in a crime ridden neighborhood; and that none of even the simplest things used to deter criminal activity, such as better lighting, more personnel, secured parking for employees, surveillance cameras and police presence, were done by the railroad. In the expert’s opinion, the failures of the railroad to have any security system in place whatsoever despite having actual notice of the dangers of the East New York station, proximately caused the incidents and injuries to their employees. As a result of these lawsuits, the Long Island Railroad implemented safety procedures to prevent incidents like this from happening in the future.
Jeffrey W. Varcadipane secured $4 Million in total compensation on behalf of a client who brought, among others, claims for oppression of minority shareholder and breach of contract. Mr. Varcadipane’s client was a long-standing Executive of a closely held company who had helped increase the Company’s profits nearly ten-fold before being ousted by a group of shareholders. Prior to retaining our firm, Mr. Varcadipane’s client was offered nothing for his shares and was told that he would be paid for his shares if and when the Company was ever sold.
Jeffrey W. Varcadipane secured an appellate court victory reversing a trial court order that had dismissed client’s complaint, resulting in the complaint being reinstated. In [Jadron v. 10 Leonard St., LLC, 124 A.D.3d 842 (January 28, 2015)], the trial court dismissed Plaintiff’s action which sought to set aside the conveyance of real estate in violation of New York’s Debtor and Creditor Law, based upon the Trial Court’s determination that Plaintiff’s action was “sufficiently similar” to a prior action filed by Plaintiff under New York’s Labor Law against the same defendants and thus subject to dismissal pursuant to CPLR 3211(a)(4). While Plaintiff had raised argument under New York’s Debtor and Creditor Law in the prior action, no cause of action under that statute had been asserted. On appeal, the Appellate Division, Second Department agreed with Mr. Varcadipane’s arguments and found that ” the claims asserted in both actions are not “sufficiently similar” to warrant dismissal simply because the plaintiff raised an argument pertaining to constructive fraud as a basis for the imposition of liability upon 10 Boulevard for violation of Labor Law § 240(1) in the personal injury action. Accordingly, the Supreme Court should not have granted the defendants’ motion pursuant to CPLR 3211(a)(4) to dismiss the amended complaint in the instant action”.
Dawn M. Pinnisi commenced litigation against a Brooklyn hospital that negligently discharged and failed to properly treat a 74 year old woman who presented to the emergency room with complaints of severe abdominal pain, diarrhea and vomiting. Four days later, the woman died due to a perforated intestine and sepsis. During the discovery phase of litigation, Ms. Pinnisi secured a settlement for the deceased woman’s loving family.
Jeffrey W. Varcadipane secured a Plaintiff’s Verdict on behalf of a Licensed Site Remediation Firm that performed approximately $50,000 worth of professional services for a customer that refused to submit payment. After a three day bench trial in Morris County, New Jersey the Superior Court issued a verdict in favor of Mr. Varcadipane’s client.
Jeffrey W. Varcadipane secured a settlement of $79,500 on behalf of clients whose property was destroyed by water damage and mold while in storage at one of the Company’s storage facilities. The settlement resulted from our lawsuit filed under New Jersey’s Consumer Fraud Act, which alleged that the Defendant had falsely advertised the storage facility as a climate controlled and state of the art facility, when in fact it was nothing more than a simple warehouse. The settlement was more than three times what the clients had stated their belongings were worth on an insurance form when they contracted with Defendants.
Dawn M. Pinnisi and Jeffrey W. Varcadipane secured $120,000 from uninsured Defendants on behalf of client who suffered a fractured wrist when she tripped and fell in Brooklyn, New York outside a residential rental building. Defendants failed to answer the personal injury lawsuit and a default judgment was entered against Defendants. Faced with potential claims under New York Debtor and Creditor Law for fraudulent conveyances of assets, the Defendants surrendered $120,000 to compensate Plaintiff for her injuries.
Jeffrey W. Varcadipane secured a $100,000 settlement – which represented the full insurance policy limits – on behalf of client who sustained serious neck and back injuries from an accident caused by a drunk driver. The accident occurred in Wayne, New Jersey.
Jeffrey W. Varcadipane obtained a favorable settlement on behalf of clients defrauded by various individuals and shell companies for a purported Ponzi type scheme.
Jeffrey W. Varcadipane files suit in Superior Court of New Jersey under New Jersey’s Consumer Fraud Act on behalf of client defrauded by Mortgage Brokerage Company.
Jeffrey W. Varcadipane recently won summary judgment on behalf of his clients, who were being sued for several million dollars in contentious litigation arising from substantial losses by a joint real estate venture. The Plaintiffs asserted twenty three counts against Mr. Varcadipane’s clients, which included serious allegations of fraud and violations of New Jersey Racketeer Influenced and Corrupt Organizations Act., N.J.S.A. 2C:41-1 et. Seq., (NJ RICO ACT). After defeating each and every of Plaintiffs’ claims on summary judgment, Jeffrey W. Varcadipane is seeking the recovery of his clients’ legal fees and expenses from Plaintiffs, and their counsel, pursuant to New Jersey’s Frivolous Litigation Act, N.J.S. 2A:15-59.1 and New Jersey Court Rule 1:4-8.
Jeffrey W. Varcadipane defeats multiple motions to dismiss and for summary judgment and sustains lis pendens against multi-million dollar real estate pending disposition of client’s claims under New York’s Debtor and Creditor Law.
Jeffrey W. Varcadipane’s trial court victory in breach of contract action upheld by New York Supreme Court, Appellate Division.
This action arose on January 12, 2006 at P.S. 270, also known as Johann DeKalb Elementary School located at 241 Emerson Place, Brooklyn, New York 11205. While sitting in their third grade class, an eight year old boy and a ten year old boy were taped to their chairs with duct tape by their teacher, allegedly as a punishment for misbehaving.
In the matter, Pizzaro v. 3301 Atlantic, New York Supreme Court, Kings County, Jeffrey W. Varcadipane secured $225,000 on behalf of a personal injury plaintiff who had secured a judgment against an uninsured and bankrupt limited liability company. Faced with potential claims under New York Debtor and Creditor Law for fraudulent conveyances of assets, Jeffrey W. Varcadipane recovered payment of nearly the entire amount of the underlying default judgement.
After successfully defending and defeating a claim against his client for malpractice, Jeffrey W. Varcadipane brought a lawsuit against the client’s insurer for failing to pay for the client’s legal fees and expenses to defend the lawsuit. Following several favorable court rulings for Mr. Varcadipane’s client, the insurer agreed to pay $335,000 in legal fees and expenses to settle the claim.
In the matter of Emerson Health Care v. Yates – BER-L-818-12, Jeffrey W. Varcadipane recently secured dismissal of entire lawsuit for unpaid nursing home bills totaling more than $200,000. Client’s prior counsel had worked on case for over two years incurring substantial legal bills. Faced with the prospect of a six figure settlement, client sought another legal opinion. Within months of firing her prior counsel and hiring Jeffrey Varcadipane, Mr. Varcadipane filed a motion to dismiss the entire case arguing that a nursing home could not hold a non-patient sibling, who signed admission agreement as a Power of Attorney, personally responsible for the unpaid bills. As a result of Mr. Varcadipane’s hard work, the entire lawsuit was dismissed.
Plaintiff slipped and fell in a Brooklyn supermarket on December 8, 2011 due to a freshly mopped floor with no signs or notice posted to warn customers of the wet floor. Plaintiff ruptured her Achilles tendon and required surgery. During litigation, Dawn M. Pinnisi discovered that the supermarket captured the accident on surveillance video. When the supermarket alleged to have lost the video, an application was made to the Court and the Judge ruled that the jury could infer that the video would have supported Plaintiff’s version of the accident.
After successfully defending and defeating a claim against his client for malpractice, Jeffrey W. Varcadipane brought a lawsuit against the client’s insurer for failing to pay for the client’s legal fees and expenses to defend the lawsuit. Following several favorable court rulings for Mr. Varcadipane’s client, the insurer agreed to pay $335,000 in legal fees and expenses to settle the claim.
Dawn M. Pinnisi and Jeffrey W. Varcadipane secured $120,000 from uninsured Defendants on behalf of client who suffered a fractured wrist when she tripped and fell in Brooklyn, New York outside a residential rental building. Defendants failed to answer the personal injury lawsuit and a default judgment was entered against Defendants. Faced with potential claims under New York Debtor and Creditor Law for fraudulent conveyances of assets, the Defendants surrendered $120,000 to compensate Plaintiff for her injuries.
While on duty, a New York City K-9 Police Officer was injured when he stepped into a portion of a caved-in roadway on the southeast corner of West 41st Street and 7th Avenue in Manhattan. The defective portion of the roadway was covered with water and therefore hidden from sight as it was raining heavily at the time of the occurrence. The Officer sustained serious injuries to his ankle and knee and was caused to miss work for a period of time. Dawn M. Pinnisi commenced an action against the City of New York for its failure to repair this cave-in condition, which caused serious personal injuries to the Officer. It was specifically alleged that the City was aware of the cave-in condition prior to the Officer’s accident and neglected to repair it.
Jeffrey W. Varcadipane wins summary judgment in action to set aside fraudulent conveyance of multi-million dollar real estate in New York Supreme Court and is awarded attorneys’ fees and costs in suit brought on behalf of judgment debtor pursuant to New York Debtor and Creditor Law, §§ 273, 275, 276 and 279.
$850,000 SETTLEMENT FOR A CLIENT WHO FELL DOWN STAIRS AT A BUILDING IN BROOKLYN
$475,000 SETTLEMENT FOR A PEDESTRIAN WHO WAS STRUCK BY A COMMERCIAL VEHICLE IN MANHATTAN WHILE CROSSING THE STREET
OVER $210,000 IN THE FORM OF A STRUCTURED SETTLEMENT FOR A CHILD WHO WAS BULLIED AT SCHOOL
$465,000 RECOVERY FOR A CLIENT WHO TRIPPED AND FELL OVER A DEFECTIVE CONDITION IN A PARKING LOT OF A HOTEL
$900,000 RECOVERY FOR A MOTHER AND DAUGHTER INJURED IN AN AUTO ACCIDENT

Past results afford no guarantee of future results. Every case must be judged on its own merits. Information on this website is not legal advice. Reviewing the information on this website does not create an attorney-client relationship with the law firm. No fee or cost if no recovery. Any result the endorsed law firm may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.