Denlea & Carton

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Kudos to 6 of our lawyers, James Denlea, Jeff Carton, Craig Cepler, John Leifert, Steven Schoenfeld and Stanislav Sharovskiy, having been named to the 2023 New York Metro Super Lawyers list. In addition, our co-founder Jeff Carton has been selected as one of the Top 25 Westchester County Super Lawyers. Congrats to all!

We’re thrilled to announce that 6 of our lawyers Craig Cepler, Jeff Carton, James Denlea, John Leifert, Steven Schoenfeld, and Amber Trumbull Wallace have been named to the 2022 New York Metro Super Lawyers list. In addition, our co-founder Jeff Carton has been selected as one of the Top 25 Westchester County Super Lawyers. Congrats to all!

As we approach the final quarter of 2022 (and prepare to celebrate our 10th anniversary in December) we are honored to be having our most successful year yet. We remain privileged to work on interesting, sophisticated matters, and have returned (post-COVID) to the Courtroom where our advocacy is most valued. But none of these accomplishments would be possible without the incredible and tireless efforts of our team, or the unflinching trust our clients continue to repose in us to fight their most important challenges. Here’s a snapshot of the past 5 months, and a look ahead to the rest of 2022 . . .

Your Friends and Colleagues,
Denlea & Carton, LLP

Firm Recovers $2.25 Million for Injured Bus Passenger

The Firm is pleased to have recovered $2,250,000 for a client who was injured when the Bee-Line bus in which he was a passenger was violently struck by a cement truck. The settlement was reached in the middle of trial, when the defendant and its insurers realized how strongly our case was resonating with the jury. The primary and excess insurers more than doubled their pre-trial offer, rather than let the case go to the jury. Our co-founder, Jim Denlea, deftly handled the trial, including a multi-media presentation to the jury. This is a terrific result, and a strong illustration of the Firm’s commitment to the victims of personal injury. Our client found our Firm through our website Denlea & Carton.Com, where increasing numbers of injured parties are becoming acquainted with our work. Great result Jim, John and Stan!

Visit Denlea & Carton.Com

Website Accessibility Claims Dismissed Against USTA

The United States Tennis Association rebuffed a proposed class action, filed in federal court in Manhattan, alleging its website violates the Americans with Disabilities Act. The plaintiff voluntarily dismissed all claims. “No settlement of any kind was reached,” counsel for the USTA, Jeff Carton with Denlea & Carton LLP, told Bloomberg Law. The plaintiff “dismissed his complaint with prejudice immediately following the filing of our motion to dismiss,” he said.

The Best Lawyers in America Recognizes Co-Founder For Excellence in Commercial LItigation

Jeff was selected by his peers for recognition of his professional excellence in the 29th edition of The Best Lawyers in America for his work in the field of Commercial Litigation. Congrats Jeff !

Yankees’ 3B Sues Greenwich Landlord Over Moldy Mansion

The firm is representing Yankee third baseman Josh Donaldson in a federal court proceeding in Connecticut, arising out of Mr. Donaldson’s lease of a house in Greenwich. According to the Complaint, the house had a rampant mold infestation, which was not disclosed to Mr. Donaldson and which rendered the house uninhabitable.

Stan Sharovskiy Joins Firm

We are pleased to announce that Stan Sharovskiy, an experienced commercial litigator, has joined the Firm. Stan has represented clients in a wide variety of legal matters including complex business disputes, trade secret litigation, and claims arising from the enforcement of post-employment covenants. Stan is a graduate of the Hofstra University School of Law, with a BA in English Literature and Criticism from Hunter College. In his spare time, Stan enjoys literary fiction, creative writing, classical history, and is an avid chess enthusiast. He and his wife are expecting their first child in January.

$8.4 Million Damages Award Heads to Second Circuit

Uber and other black car passengers who were wrongly charged a 2.5% surcharge on their non-cash gratuities are one step closer to the finish line. Judge Halpern granted the Black Car Fund’s request for permission to take an interlocutory appeal to the Second Circuit of the District Court’s decision awarding the certified class of passengers summary judgment. If the favorable decision we obtained at the District Court level is affirmed on appeal, a damages award of roughly $8.4 million dollars will be distributed to Class Members.

Giving Back to the Community

The Firm is pleased to have made several significant contributions to important charitable initiatives this past summer, including:

Westchester Corporate Cup 5K Race: All proceeds go to the HOPE Community Services, a New Rochelle-based organization, which has become the largest emergency food pantry and soup kitchen in the region.

Pan-Mass Challenge: which supports the innovative work of doctors, nurses, and scientists at Dana-Farber Cancer Institute and their search for cures for cancers and related diseases.

Uniform Firefighters Association Local 107: Supporting our brave firefighters and first responders in White Plains.

The Firm filed a motion to dismiss an ADA website accessibility case brought against its longtime client, the United States Tennis Association, by a serial litigant. The lawsuit was recently reported in Bloomberg Law, as reflected in the attached article. The firm is privileged to be the USTA’s litigation counsel. Jeff Carton and Steve Schoenfeld are leading the Firm’s defense. Click here to read more.

As Spring approaches, we hope you will join us to reflect on the first quarter of 2022. Our thoughts and prayers go out to the brave men and women of Ukraine who are fighting for their survival, and closer to home, we remain vigilant as to COVID’s ever-shifting form and continued assault upon us. We celebrate the historic appointment of Judge Ketanji Brown Jackson to the Supreme Court, and we remain stupefied by Will Smith’s behavior at the Oscars. Tom Brady retired, and then returned, and St. Peters made a Cinderella run for the ages. Against the backdrop of these political, cultural and societal mileposts, we gained important perspective that dignity, decorum, respect and kindness continue to be character traits in short supply. We will continue to do our part to stem that unfortunate tide, and hope you will too in anyway possible. Here’s to the rest of 2022 . . .

Your Friends and Colleagues at Denlea & Carton.

Commercial Division Judge Dismisses Non-Contract Claims in Royalty Dispute

The Firm moved successfully to dismiss a hodge-podge of common law claims asserted against our client in an action regarding the alleged breach of a technology transfer agreement. Despite the plaintiff’s concession that the crux of the action arose from the plaintiff’s demand for royalties under the parties’ written agreement, the complaint was littered with a host of non-contractual causes of action. We moved to dismiss those claims, as well as to have an executive of the company dismissed in his individual capacity from the lawsuit. The Court agreed, and granted our motion in its entirety. Nice work Jeff, Amber and Craig !!

Consumers Seek Redress for Robitussin’s Deceptive “Non-Drowsy” Marketing Claim

The Firm is proud to be representing a putative class of New York consumers who were deceived by Robitussin’s claim that its popular line of cough suppressants containing DXM is alleged to be “non-drowsy.” The lawsuit, filed in Federal Court in White Plains and led by Jim, alleges that the makers of Robitussin knew that DXM is clinically proven to cause drowsiness as reflected in the medical, scientific literature, and by the fact that in the UK it is marketed with a “black box” warning concerning the potential side effects of DXM causing drowsiness. The lawsuit represents the latest chapter in our long and distinguished commitment to eradicate consumer fraud in whatever form it takes.

Real Estate Project Awarded Specific Performance To Cure Partner’s Default

In an on-going litigation in Rockland County concerning a mixed-use development of waterfront property along the Hudson River, the Firm was pleased to win an award of specific performance directing our client’s development partner to convey a parcel of real property to the parties’ LLC as required by the terms of their Operating Agreement. The Court’s decision rejected the defendant’s attempt to renege on his contractual promise,and turned aside his attempt to dissolve the parties’ entity.

Negligence Action Settles On Eve of Trial

On the eve of trial, we secured a favorable settlement for a young woman who suffered injuries to her lower extremity while trying to descend a rotted, and poorly maintained, stairway attached to an outdoor deck. The woman, who had two surgeries to repair her injured knee, received a significant cash payment to redress the pain and suffering she has endured since her fall.

Giving Back to the Community

One of 2022’s most exciting initiatives for us is the formal launch of Denlea & Carton.Com

The Firm has always prided itself on its contingent representation of personal injury victims, especially those who require (but are unable to find, afford or secure) top-flight legal talent to ensure their rights are protected, and fully vindicated. The Firm has agreed to lean in fully to this worthwhile pursuit and is now “powering” a website dedicated to these victims. Offering free consultations, fully contingent fee arrangements, and 24/7/365 availability and service, we are excited to offer this service to those in our communities.

MEET OUR ATTORNEYS

James R. Denlea

Jeffrey I. Carton

Robert J. Berg

Lindsey Leibowitz

Amber Wallace

John Leifert

Craig Cepler

Steven Schoenfeld

Stan Sharovskiy

Phil Smith

Martin McCann

Catherine Friesen

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White Plains, NY 10604

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Phone: (914) 331-0100
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