Diane K. Toner

With over 15 years of writing experience, Diane is adept at drafting all kinds of motions, from dispositive motions and appeals to discovery motions, trial memoranda, and post-trial motions. Diane is skilled at drafting persuasive motion papers that highlight key issues for the motion court while creating a comprehensive record for appellate review.

Prior to joining Marshall Dennehey, Diane served as an appellate and motion attorney at a New York City law firm where she defended municipal entities and construction companies against Labor 240(1), 241(6) and 200 claims. Among other achievements, her advocacy resulted in the dismissal of plaintiff's entire case against all defendants in a New Jersey action where plaintiff attempted to apply New York Labor Law.

Diane has appeared for oral argument in the First and Second Departments of the Appellate Division.

Year joined

2023

Results

All Claims Dismissed in a Slip and Fall Case at a New York Hospital

Premises & Retail Liability
July 25, 2025

We obtained dismissal of all claims against our client in a case involving a slip and fall at a hospital. The plaintiff was employed by a trucking company and was in the process of filling a liquid oxygen tank located in the parking lot of the hospital when he fell on a sheet of ice near the oxygen station evaporators. He sustained numerous injuries, including injuries to his spine, resulting in cervical fusion. As a result of the accident, the plaintiff alleged significant lost wages, in addition to numerous personal injuries.

New York Appellate Division Dismisses Appeal, Upholding Summary Judgment Victory

Appellate Advocacy & Post-Trial Practice
March 19, 2025

We successfully defended against the plaintiff’s appeal in the Appellate Division, Second Department. The appeal challenged an order that adhered to a prior ruling by the Supreme Court, Westchester County, which had granted the defendant’s motion for summary judgment, dismissing the complaint. In our brief, we argued that the appeal should be dismissed due to the plaintiff’s failure to assemble a proper record on appeal. The plaintiff omitted critical documents relied upon by the motion court, including submissions supporting and opposing the defendant’s motion.

Thought Leadership

New York Appellate Court Clears Path for Disclosure of Third-Party Litigation Funding in Personal Injury Lawsuits

New York
Appellate Advocacy & Post-Trial Practice
General Liability
Fraud/Special Investigation
January 7, 2026

Precedent Established: New York Appellate Division Grants Discovery of Third-Party Litigation Funding

New York
Appellate Advocacy & Post-Trial Practice
Fraud/Special Investigation
Personal Injury Protection (PIP) Litigation
General Liability
December 1, 2025
Key Points:

Marshall Dennehey Welcomes Appellate Attorney Diane K. Toner In New York

Appellate Advocacy & Post-Trial Practice
January 9, 2024
Appellate attorney Diane K. Toner has joined Marshall Dennehey’s Manhattan office as Special Counsel.