Michael R. Manarel

Significant Representative Matters; Nuisance value settlement for crane company which was the target in multi-million dollar construction defect case, via proving lack of responsibility for damage, even though causally related to the weight of crane. Summary judgment for crane company in case involving serious injury caused by hoisted I-beam, by demonstrating a lack of responsibility of crane company for actions of crane operator. Summary judgment for a property owner in which a worker without fall protection fell to his death, based upon lack of control over work site or means and methods of work. Summary judgment on jurisdictional grounds for commodities broker, who had procured a contract for the sale of grain that was involved in a fatal accident while being unloaded. Michael has argued numerous appeals before the New York State Appellate Divisions and the United States Court of Appeals for the Second Circuit, including: In Fajardo v. Trans World Equities Co., et al. , 286 A.D.2d 271, 729 N.Y.S.2d 488 (1st Dept. 2001), Michael represented an employer and was successful in defeating summary judgment. In Lacey v. Turner construction Co., et al. , 275 A.D.2d 734, 713 N.Y.S.2d 207 (2nd Dept. 2000), Michael successfully represented the claimant and obtained summary judgment on liability, then prevailed on appeal. In Pappas v. Passias, et al. , 166 F.3d 1201, 1998 WL 852886 (2nd Cir. 1998), Michael obtained dismissal of all claims against the defendant based upon fraud and Civil RICO on the grounds that the complaint failed to state a cause of action and the plaintiff lacked standing to sue. In Parker v. One, Two, Three Media Services, Inc., et al. , 243 A.D.2d 286, 663 N.Y.S.2d 968 (1st Dept. 1997), Michael represented a large entertainment company and was successful in blocking the plaintiff from taking 25 depositions of the company's employees.