Committed to early investigation and case assessment, Josh tailors a litigation approach that maximizes predictability for the client, identifies and capitalizes on leverage points for early resolution where possible, and advances each client’s short- and long-term strategic objectives. Josh’s practice is focused predominantly on commercial litigation, higher education matters, and tort defense.
As a commercial litigator, Josh has handled actions arising from breach of contract, business torts, construction disputes, and franchise disputes for public utilities and energy services companies, educational institutions, hospital systems, hotels and restaurants, and professional services firms. He also defends educational institutions against claims of discrimination of all varieties, and in the last several years has successfully defended numerous actions involving claims arising from alleged sexual misconduct. In his tort defense practice, Josh handles high-exposure claims for property damage, serious injury, and wrongful death, with a focus on representing utility companies following natural gas explosions and electrocutions.
- Obtained dismissal of “reverse Title IX” and breach of contract claims against university in NYS Article 78 proceeding and in federal court. B.B. v. The New School, Index No. 159161/17 (Sup. Ct. NY Cty., Sept. 26, 2018) and B.B. v. The New School, Civil Action No. 17-cv-8347 (AT), 2018 U.S. Dist. LEXIS 80068 (S.D.N.Y., April 30, 2018).
- Obtained dismissal on behalf of college of all significant claims in litigation brought by former student alleging disability discrimination, civil rights violations, false arrest claim, and numerous additional tort-based claims. Bied v. Cty. of Rensselaer, Civil Action No. 15-cv-1011 (TLM/DEP), 2018 U.S. Dist. LEXIS 55143 (N.D.N.Y., Mar. 30, 2018).
- Obtained dismissal of defamation action against medical center and fourteen individual members of its staff and administration asserted by a former medical staff member. Colantonio v. Mercy Medical Center, 135 AD3d 686 (2nd Dept.), lv. denied, 28 NY3d 903 (2016).
- Represented gas utility in defense of numerous actions for personal injury, property damage, and lost business revenue claims arising out of natural gas explosion damaging twenty residential properties.
- Obtained dismissal of all claims against utility arising from natural gas explosion destroying 40-unit apartment complex.
- Obtained summary judgment for breach of contract on behalf of electric utility against windfarm developer for failed interconnection project.
- Defending global water treatment systems company against claims for breach of contract and breach of performance warranty.