Notable Cases

Notable Cases

DSB has and continues to serve as counsel in many prominent cases. In a number of these cases, we have partnered with well-known firms from across the nation.

Some of DSB’s most notable cases are as follows:

Matthew Ponzo v. NYC Messenger, Inc. et al.
S.D.N.Y. Case No. 20-CV-10709
DSB represented a messenger company and several individuals against a former employee claiming that they discriminated and retaliated against him based upon his disability. Following a six-day jury trial before Judge George B. Daniels in the Southern District of New York, DSB obtained a defense verdict, and all claims were dismissed.

Montesdeoca v. Paola Painting and Renovations LLC et al.
S.D.N.Y. Case No. 22-CV-01276
DSB was successful in obtaining a stay of a Federal litigation by compelling a former employee of a contractor to arbitrate his wage & hour claims. DSB also successfully argued that the employee was not entitled to litigate his claims on a class or collective basis and must proceed in arbitration individually.

Richie F. Levine v. Not-For-Profit Agency
New York State Division on Human Rights
DSB represented a large not-for-profit agency that serves the developmentally disabled population against an individual claiming that the agency discriminated in its hiring process. DSB obtained summary dismissal of the claims before the New York State Division on Human Rights.

Sabrina Vega v. USA Gymnastics, Inc., Dr. Lawrence Gerard Nassar, et al
Texas State Cause No. 1828737
DSB represented a former member of the United States World Championship gymnastics team in an action to recover damages from sexual abuse suffered at the hands of Dr. Larry Nassar while under the supervision of USA Gymnastics and the Karolyi Training Camps located in Huntsville, Texas.

In the Matter Harbeth, LLC et al. v. The City of New York, et al.
Supreme Court, New York County Index No.: 150039/2021
A group of Lower East Side residents, merchants and property owners represented by DSB filed an Article 78 petition to prevent the City of New York and its Department of Homeless Services from opening a new homeless shelter at the Blue Moon Hotel, located at 100 Orchard Street in lower Manhattan. DSB argued that the establishment of this permanent shelter circumvented the City’s rules and regulations, as well as the procurement policies set forth in the City Charter, and was done without community input or required due diligence.

Reyes v. Gracefully, Inc. et al
S.D.N.Y. Case No.: 17-cv-09328-VEC
DSB was successful in obtaining a stay of a Federal litigation by compelling former employees of a regional grocery store chain to arbitrate their wage & hour claims. DSB also successfully argued, in connection with the arbitration, that the employees were not entitled to litigate their claims on a class or collective basis, and instead may only proceed individually.

Lantau Holdings Ltd. v. Orient Equal International Group et al
Supreme Court New York County Index No. 653920/2016
DSB represented a group of borrowers located in the People’s Republic of China in a breach of contract action arising from a securities repurchase agreement. This case involved collateral in the form of stock traded on the Hong Kong stock exchange, entered into with a New York based lender.

In re Alleged Violation of University Policy
DSB represented a student at an Ivy League University in connection with an alleged violation of the University’s policy prohibiting discrimination, sexual harassment and sexual assault and violence.

Paul Pellicoro’s DanceSport 34th Street, LLC v. Rachel Greene, et al.
157061/2016 (S. Ct. NY County)

DSB represented DanceSport in a lawsuit against its former dance instructors for breach of their non-compete and non-solicitation agreements. The lawsuit also contained causes of action against a rival dance studio for poaching its employees and clients. DanceSport is a well-known dance studio, whose owner is renowned for training many notable celebrities to dance for film and television roles, including teaching Al Pacino to dance the famous tango scene in “Scent of a Woman”.

Tarakaa Bertrand v. Yale University
15-cv-01128 (D.Conn)

DSB represented the former head coach of Yale University’s nationally ranked women’s tennis team in a breach of contract lawsuit in which she contended she was terminated without cause less than one (1) year into a five (5) year contract.

Gutierrez et al v. SKYC Management LLC et al.
14-cv-06361 (S.D.N.Y.)

DSB represented current and former employees in a collective action against a commonly owned enterprise of apartment buildings in Washington Heights and the Bronx which sought to recover damages for wage and hour violations, including failing to properly compensate workers for all hours worked.

Youssouf Bakayoko, et al. v. 180 BKLYN Livingston, LLC d/b/a Dallas BBQ, et al.
14-CV-02430 (EDNY)
DSB represented current and former front-of-the-house employees in an action against restaurant chain Dallas BBQ which sought to recover damages for wage and hour violations, including an improper tip pool, as well as damages based on Dallas BBQ’s illegal video surveillance of the employee changing room. DSB was co-counsel in this case with Pelton & Associates PC.

Balderston, et al. v. Griffin, et al.,
C.A. No. 10075-VCN (Del. Ch. 2014)

DSB represented a group of seed investors in an internet gambling company in an action alleging a breach of fiduciary duty in connection with a dilution of their shares stemming from a recapitalization of the company by its principal and founder. We worked as co-counsel with Kessler Topaz Meltzer & Check in this matter.

John Clarizia, et al. v. Ocwen Financial Corporation, et al.
13-CV-02907 (SDNY)
DSB represented the Plaintiffs in an action by residential mortgage borrowers who were required by defendants to obtain more costly, less effective lender placed flood insurance policies. Plaintiffs sought disgorgement of profits and an injunction against continuation of such improper practices. DSB worked as liaison counsel in this case with Kessler Topaz Meltzer & Check based out of Radnor, PA.

Stephen Mandl v. NYC Bd. of Education, et. al.
104036/2011 (S. Ct. NY County)

DSB represented one of the most successful high school baseball coaches in the nation in an action to set aside his suspension, on the ground that his due process rights had been violated by New York City Board of Education. His suspension was ultimately vacated.

Sang Lan v. Time Warner, Inc., Kao-Sung Liu a/k/a K.S. Liu, Gina Hiu-Hung Liu a/k/a Gina Liu, individually and as trustees or managers of Goodwill for Sang Lan Fund, Hugh Hu Mo, Does 1-30, Unknown Defendants, Jointly and Severally
11-CV-2870 (S.D.N.Y.)

DSB represented individual defendants KS and Gina Liu in a high profile litigation commenced by Sang Lan, a former Chinese gymnast who was paralyzed while competing in New York at the 1998 Goodwill Games.

Harvey Kesner v. Haynes and Boone, LLP
650755/2010 (S. Ct. NY County)

DSB represented a well-known securities lawyer in a dispute with his former law firm arising out of his expulsion from the law firm partnership.

Richard T. Fitzsimmons, et al v. Pryor Cashman, LLP, et al.
651360/2010 (S. Ct. NY County)

DSB represented the Trustees of the Local 147 Benefit Funds in this case with respect to their claims of legal malpractice against their former legal counsel. DSB was co-counsel in this case with Schulte Roth & Zabel, LLP.

Kathleen Flanagan v. Daytona State College
6:10-CV-1483 (ORL)

In this Title VII case brought in Orlando Federal Court, DSB represented a female employee of Daytona State College with respect to her claims of same sex sexual harassment, hostile work environment and retaliation. DSB worked as co-counsel with Walton Lantaff Schroeder & Carson LLP.

Richard T. Fitzsimmons, et al. v. King Care, LLC, et al.
09-CV-05506 (SDNY)
DSB represented the Trustees of the Local 147 Benefit Funds (established for the benefit of the legendary “sandhogs” who have built tunnels and foundations for many bridges in NY)) against the former third party administrator of the Funds who embezzled more than $40 million, and who ultimately pled guilty in a related criminal proceeding.

Board of Trustees of the AFTRA Retirement Fund v. JP Morgan Chase Bank, N.A.
09-CV-0686 (SDNY)

This was a class action in which DSB represented the Trustees of the AFTRA Retirement Fund against JP Morgan Chase relating to a securities lending program implemented by JP Morgan Chase that caused the Fund and similarly situated plaintiffs to incur substantial monetary damages. DSB worked as liaison counsel in this case with Kessler Topaz Meltzer & Check.

In re J.P. Jeanneret Associates, Inc., et al.
09-CV-3907 (SDNY)

DSB represented the Board of Trustees of the Buffalo Laborers Benefit Funds with respect to their claims against J.P. Jeanneret Associates, Inc., for breach of fiduciary duty. This matter pertained to the Bernard L. Madoff scandal. The complaint alleged that J.P. Jeanneret Associates, Inc., as investment advisor to the Buffalo Laborers, improperly invested monies with Bernard Madoff, causing the Funds substantial losses. DSB worked as liaison counsel in this case with Kessler Topaz Meltzer & Check based out of Radnor, PA.

Kane, et al. v. Mid-Island, et al.
09-CV-4585 (EDNY)

DSB represented the Trustees of Taft-Hartley Benefit Funds with respect to their claims for unpaid contributions and withdrawal liability against a former contributing employer. This case established the precedent that creditors such as the Funds have the right, in order to protect their interests, to intervene in cases brought by companies pursuant to the Perishable Agricultural Commodities Act (“PACA”).

In re: Bear Stearns
08-MDL-1963 (SDNY)

This was a breach of fiduciary duty class action case relating to the collapse of Bear Stearns and its Employee Stock Ownership Plan (“ESOP”). DSB worked as the liaison counsel in this case with Kessler Topaz Meltzer & Check based out of Radnor, PA and Keller Rohrback based out of Seattle, Washington.

Equal Employment Opportunity Commission v. Bloomberg LP
07-CV-08383 (SDNY)
DSB represented four (4) female executives in this Title VII pregnancy discrimination case. The EEOC found probable cause to believe that our clients were discriminated against by Bloomberg LP and filed this case against Bloomberg LP on behalf of our clients and on behalf of a class of similarly situated female executives.

In the Matter of Aston Treasure, An Incapacitated Person
Index No.: 92234/07 (Bronx County)
DSB successfully represented a son of an incapacitated person in both the Supreme Court, Bronx County and the Appellate Division, First Department. This was an action to void an agreement between the son and the Court-appointed guardian in which the son purportedly waived his rights to his father’s estate on the grounds that the guardian lacked the legal authority to enter into the agreement and it was procured through fraud.

Sanford Dickert v. Eric J. J. Massa
116459/2006 (S. Ct. NY County)

DSB defended a defamation action brought against a Congressional candidate by his former campaign manager.

John Huntington v. Carey Hart and Hart & Huntington, LLC
A527732 (District Court, Clark County) (2006)

DSB represented John Huntington, a well-known promoter in Las Vegas, in his dispute with Carey Hart pertaining to the ownership of a tattoo parlor in the Palms Casino (featured on the television show “Inked”). DSB worked as co-counsel on this case with Snell & Wilmer.

Ericson, et al. v. Syracuse University, et al.
98-CV-3435 (SDNY)

In this Title IX discrimination case, DSB represented two (2) female collegiate tennis players in their claims against Syracuse University.



















Prior results do not guarantee a similar outcome.