Phone: 212-964-8038 Fax: 212-964-8164
Martinez v. Hasper, 21-CV-2975 (2d Cir. 2023): Successfully argued case before the Second Circuit Court of Appeals who affirmed the district court’s dismissal of Plaintiff’s 42 U.S.C. § 1983 excessive force and New York state battery claim, premised upon a firearms discharge, on Qualified Immunity grounds.
Martinez v. City of New York et, al.,15-CV-5724 (E.D.N.Y. 2022): Won summary judgment dismissing Plaintiff’s 42 U.S.C. § 1983 excessive force and New York state battery claim, premised upon a firearms discharge, on Qualified Immunity grounds.
Albert v. City of New York et, al.,17-CV-3957 (E.D.N.Y. 2018): Successfully argued against the City of New York’s motion to dismiss an NYPD officer's indemnification crossclaims involving an off-duty firearms discharge.
Walsh v. Peralta et, al.,12-CV-9116 (S.D.N.Y. 2015): Won summary judgment dismissing Plaintiff’s First, Fourth, Eighth, and Fourteenth Amendment claims, premised upon allegations that a corrections officer facilitated and failed to intervene to prevent a sexual assault by a fellow officer.
Marvis Johnson v. City of New York et, al.,709029/2016: Successfully defended against Plaintiff’s motion for default judgment and won cross-motion to dismiss Plaintiff’s Amended Complaint against a New York City police officer pursuant to CPLR 1003 and 3025.
Camilo Benscome et, al., v. City of New York et, al., 26051/2006 (Queens Supreme Court): Won summary judgment dismissing Plaintiff’s claims for false arrest and imprisonment, assault and battery following a traffic dispute.
LaBarbera & Associates P.C.
111 John Street, Suite 640
New York, New York 10038
T: 212-964-8038 F: 212-964-8164
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